238 results for 'cat:"Bankruptcy"'.
J. Hanks denies an appeal of a bankruptcy court order that denied, a property owner reconsideration in reopening a bankruptcy case related to the foreclosure of a home. The bankruptcy court dismissed the case because council for the property owner failed to appear at a hearing. The failure to appear, as well as abusive communication and a pattern of ignoring the court’s valid rejections, suggests an intentional delay that warrants dismissal with prejudice.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:23cv2674, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Civil Procedure
J. Mazzant affirms the judgment of the bankruptcy court in favor of co-trustees seeking to recover on a $3.2 million debt owed for violations of securities laws stemming from allegations the decedent's investments in a company were fraudulently procured. The debt was nondischargeable under the Bankruptcy Code since it resulted from a state court judgment for "violations of securities laws or fraud in connection with the sale or purchase of securities."
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 28, 2024, Case #: 4:23cv109, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Securities
J. Flanagan denies a couple’s motion for certification of direct appeal to the U.S. Court of Appeals on a bankruptcy case. The couple also petitioned the bankruptcy court after previously filing for Chapter 13 bankruptcy to incur debt and finance the purchase of a house so that they could live close to their child’s private school. The bankruptcy court denied this petition as the couple is not allowed to incur more than $10,000 while in bankruptcy. Also, the couple has not shown sufficient evidence that they are qualified for certification for a direct appeal to the court of appeals.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:23cv373, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Real Estate
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J. Mitchell finds the trial court improperly ruled when finding a builder in breach of contract, as alleged by the city, when a project developer went bankrupt and the bank failed to finish the roads for the subdivision. The builder should not have been held responsible for the bank's contractual breach. Reversed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0612, Categories: bankruptcy, Construction, Contract
J. Whitney partially grants an insurance company’s motion for default judgment against a contractor who filed for bankruptcy and has failed to pay on the balance of a bond for $6.9 million. The contractor has paid over $867,000 into a net estate fund, which will be disbursed to the company. However, future payments toward the balance will not be distributed until the entirety is paid off.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 21, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: bankruptcy, Debt Collection, Contract
J. Somers upholds the bankruptcy court's refusal to allow a bank to extend a deadline to file a witness and exhibit list to support its claim a debt was non-dischargeable. The bank's previous attorney, believing the parties would settle, failed to meet the deadline to file for the list, and the neglect was not excusable. Affirmed.
Court: 10th Circuit, Judge: Somers, Filed On: March 21, 2024, Case #: WO-23-017, Categories: bankruptcy, Civil Procedure
J. Alston grants the creditors' motions to dismiss. The homeowners claim the creditors fabricated evidence, notices, and other documents when initiating foreclosure on their home. The homeowner argues that the underlying debt was discharged in their 2008 Chapter 7 bankruptcy proceeding and that the bankruptcy discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action to collect on the debt. The homeowners do not allege facts sufficient to demonstrate that the creditors fall under the Fair Debt Collection Practices Act's definition of a debt collector.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: March 20, 2024, Case #: 1:23cv736, NOS: Other Contract - Contract, Categories: bankruptcy, Consumer Law, Banking / Lending
J. Thomas finds that a bankruptcy appellate panel properly affirmed a bankruptcy court’s summary judgment in favor of a judgment creditor in the creditor’s adversary proceeding against two Chapter 7 debtors. Affirmed.
Court: 9th Circuit, Judge: Thomas, Filed On: March 18, 2024, Case #: 23-60017, Categories: bankruptcy
J. Walker finds that the district court properly denied a preliminary injunction to enforce a duty to defend under a directors and officers liability insurance policy covering an independent director sued in an adversarial proceeding in bankruptcy court. No abuse of discretion occurred in the denial, as the director sought a mandatory injunction but failed to meet its heightened standards for a clear showing of likely success on the merits and of irreparable harm. Furthermore, the director's entry into a settlement agreement with the bankruptcy trustee did not moot the appeal. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 18, 2024, Case #: 23-690, Categories: bankruptcy, Insurance, Injunction
J. St. Eve finds that the lower court properly overturned the bankruptcy court's decision, holding that the parties' loan authorization agreement and guaranty qualified as securities contracts totaling $25 million. Although this transfer left the debtor in dire financial straits, the trustee cannot seek to recover this money because it falls within the safe harbor provision. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 15, 2024, Case #: 23-1931, Categories: bankruptcy, Securities
J. Du finds the bankruptcy court improperly granted a reinsurer's motion for partial summary judgment, denying the debtor discharge from bankruptcy. The court made an adverse credibility determination and overlooked a genuine dispute of material fact in ruling the debtor fraudulently omitted information involving several LLCs from his bankruptcy schedules.
Court: USDC Nevada, Judge: Du, Filed On: March 14, 2024, Case #: 2:23cv688, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Fraud
J. Pryor finds that the bankruptcy court properly ruled in favor of the debtor in his Chapter 7 bankruptcy petition claiming that a retirement account was exempt property of his bankruptcy estate. The creditors sought to garnish funds in the retirement account to satisfy a $1.6 million default judgment entered against the debtor in an action for damages arising from a failed condominium development. The state court's judgment authorizing the bank to remit certain funds to the state court clerk gave it only a limited right to transfer the debtor's funds and did not extinguish the debtor's interest in the funds in the account. The bank failed to exercise its right before the debtor filed for bankruptcy. The lower court's judgment also did not create a right to setoff in favor of the bank. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 14, 2024, Case #: 22-14113, Categories: bankruptcy
Vice Chancellor Fioravanti dismisses a petition seeking assignment for the benefit of creditors, Delaware's bankruptcy alternative, because the assignee failed to comply with statutory mandates such as timely filing an asset inventory and retaining appraisers who procured appraisals without prior court order.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: March 13, 2024, Case #: 2023-1294-PAF, Categories: bankruptcy, Civil Procedure
Per curiam, the circuit finds that the district court properly upheld default judgment obtained by a liquidating trustee in bankruptcy court. The judgment returned a $23.7 million mortgage to the debtors' estate that had been purchased for $3.8 million by an entity associated with an ex-officer of one debtor, which received notice of service of judgment and of being added to the case. The entity's failure to respond was determined to be willful, and the bankruptcy court had personal jurisdiction over the parties. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 12, 2024, Case #: 23-311-bk, Categories: bankruptcy, Civil Procedure, Jurisdiction
J. Gustafson finds that the trial court was within its discretion to deny a patient's motion to alter or amend a judgment. She failed to provide any briefing in support of the motion, which she filed in an attempt to substitute a doctor's insurance company as the real party in interest to her medical malpractice complaint. Also, bankruptcy law did not prevent the patient from serving process on the doctor, so the trial court properly dismissed her complaint for failure to serve. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 12, 2024, Case #: DA 23-0319, Categories: bankruptcy, Civil Procedure, Medical Malpractice
J. Herren upholds the bankruptcy court's refusal to allow a debtor to dismiss his bankruptcy case. He no longer had a right to dismiss when his chapter 13 case was converted to chapter 7 two months prior to his filing of the motion to dismiss. Affirmed.
Court: 10th Circuit, Judge: Herren, Filed On: March 11, 2024, Case #: CO-23-008 , Categories: bankruptcy, Civil Procedure
J. Fagone upholds the bankruptcy court's dismissal of a marijuana dispensary worker's chapter 13 petition. Although his job does not make him ineligible to file the petition, his plan "would have funneled his income from the dispensary into the chapter 13 trustee’s office, and from there to creditors, bringing the proceeds of illegal activity directly into the administration of the bankruptcy case." Affirmed.
Court: 1st Circuit, Judge: Fagone, Filed On: March 5, 2024, Case #: MW 23-003 , Categories: bankruptcy
J. Fagone upholds the bankruptcy court's decision that two workers' damages awards, won against a former employer, are dischargeable debts in the employer's chapter 7 case. They fail to show the employer had willfully and maliciously injured them to render the debts non-dischargeable. Affirmed.
Court: 1st Circuit, Judge: Fagone, Filed On: March 5, 2024, Case #: MB 22-036 , Categories: bankruptcy
J. Winmill grants the credit reporting agency's motion for reconsideration regarding an individual's allegations of violation of the Fair Credit Reporting Act by allegedly inaccurately reporting debts on her credit report that were previously discharged in bankruptcy. The court's prior memorandum decision and order is modified, granting summary judgment on the individual's willfulness claim. "A jury could not reasonably conclude that Experian willfully violated the FCRA by continuing to report" the individual's account.
Court: USDC Idaho, Judge: Winmill, Filed On: March 4, 2024, Case #: 1:21cv465, NOS: Consumer Credit - Other Suits, Categories: bankruptcy, Debt Collection, Consumer Law
[Consolidated]. J. Shepherd finds that this appeal in this bankruptcy dispute must be dismissed. The trust seeks to to dismiss a creditor's claims that certain dragnet clauses in mortgages are enforceable. The creditor argued that the clauses are valid. However, the court lacks jurisdiction because the bankruptcy court still has much to decide in this case.
Court: 8th Circuit, Judge: Shepherd, Filed On: March 1, 2024, Case #: 22-3201, Categories: bankruptcy, Civil Procedure, Banking / Lending
J. Dales finds the bankruptcy court properly excluded the deposition of the principal witness during bankruptcy proceedings. Although both parties agreed to end the deposition early because of the witness's illness, which led to his death before the deposition could be resumed, there was no cross-examination and, therefore, the testimony was incomplete and one-sided. Affirmed.
Court: 6th Circuit, Judge: Dales, Filed On: February 28, 2024, Case #: 23-8004, Categories: bankruptcy, Civil Procedure, Evidence
J. Lafferty upholds the bankruptcy court's denial of a company's motion for relief from a fee order requiring it to pay attorney fees for a debtor arising from an approved agreement between it and the debtor. Contrary to the company's argument, the bankruptcy court had jurisdiction and it did not infringe on the company's due process rights. Affirmed.
Court: 9th Circuit, Judge: Lafferty, Filed On: February 28, 2024, Case #: NV-22-1212-LBC , Categories: bankruptcy, Attorney Fees
J. Easterbrook finds that the lower court properly discharged a businessman's $499,000 judgment against his former partner in bankruptcy proceedings. The court reasonably rejected the businessman's claim the judgment reflected fraud, and did not challenge his partner's valuation of his membership interest in a cargo company. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: February 27, 2024, Case #: 22-2947, Categories: bankruptcy
J. Gibbons finds the county court properly granted summary judgment to Duetsche Bank on its action to enforce a lost note after being designated the assignee of the deed of trust used by the borrower to secure a home loan. The cited statute allows for the bank to enforce a lost instrument by showing its predecessor-in-interest was entitled to enforce when possession was lost. Though the borrower says the bank's prior loan servicer's lost note affidavit is inconsistent with the current loan servicer's affidavit, the affidavits still show possession had been lost. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: February 26, 2024, Case #: 84696-CoA, Categories: bankruptcy, Evidence, Banking / Lending
J. Eskridge upholds the bankruptcy court's enforcement of a confirmation order finding the sole shareholder of a debtor set of entities lacked standing to pursue state law claims for gross negligence and willful misconduct. His claims were derivative of the entities, not direct, and, therefore, they were not his to pursue.
Court: USDC Southern District of Texas, Judge: Eskridge, Filed On: February 22, 2024, Case #: 4:21cv456, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: bankruptcy, Civil Procedure