13 results for 'cat:"Bankruptcy" AND cat:"Contract"'.
J. Whitney partially grants default judgment to an insurance company after its insured breached a general indemnity agreement. The insured, a contractor, failed to pay on a surety bond provided by the company of over $6.9 million. The company is entitled to this amount but cannot access the disbursement until after an underlying bankruptcy case against the insured is resolved.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 28, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: bankruptcy, Insurance, contract
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. Greene finds that the trial court properly denied the attorney additional fees from his former client who did not fully pay a note for a contingency fee debt and then filed for bankruptcy protection. The note did not obligate the former client to pay the additional fees that the attorney incurred in the bankruptcy case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: February 8, 2024, Case #: 2023CA0694, Categories: bankruptcy, Attorney Fees, contract
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J. Windhorst finds that the trial court properly granted a creditor's motion for no cause of action on a debtor's negligence claim related to the creditor improperly disbursing money to the debtor's contractor for remodeling work. In this case, the debtor signed an authorization to immediately disburse the funds to the contractor after signing the loan documents. Further, the debtor does not show that she signed the loan and authorization under duress. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: January 31, 2024, Case #: 23-CA-174, Categories: bankruptcy, Negligence, contract
J. Nachmanoff grants summary judgment to the bankruptcy lawyer. The transfer of his home from his property to his and his wife was not disclosed as it should have been in response to a question in the businessman's signed statement of financial affairs, making the property a nonexempt asset. The businessman failed to show that any conduct by his attorney proximately caused either the U.S. Trustee to file its adversary proceeding seeking to deny discharge or that he would have prevailed at the trial.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: November 1, 2023, Case #: 1:22cv751, NOS: Other Contract - Contract, Categories: bankruptcy, Legal Malpractice, contract
J. Bevan upholds the trial court determination that Idaho law established the limitations period on a commercial landlord's breach of contract cause of action on claims against its tenant that it bought from a third-party creditor, and that the period was stayed by a bankruptcy proceeding. But the trial court should have held that the bankruptcy stay also applied to the landlord's claims against the tenant related to the lease and tenancy. Vacated in part.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: October 26, 2023, Case #: 49633, Categories: bankruptcy, Civil Procedure, contract
J. Gottschall denies a banking services company’s motion to dismiss a construction company’s breach of contract claims against it, but grants its motion to transfer the case to the District of Southern Texas. The court finds that is a more appropriate venue for this contract dispute, as that is where the construction company’s Chapter 11 bankruptcy case is pending.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: August 18, 2023, Case #: 1:22cv1449, NOS: Negotiable Instrument - Contract, Categories: bankruptcy, Construction, contract
Per curiam. The Eighth Circuit finds a lower court properly dismissed an architectural management company's infringement claims against a bank. The management company argued that the bank, which purchased an uncompleted building in bankruptcy court, infringed on an architect's copyright by completing architectural plans without permission. However, the bank presented sufficient evidence in court that the management company's allegations are precluded by the bankruptcy court's approval of the acquisition. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: August 11, 2023, Case #: 22-1976, Categories: bankruptcy, Real Estate, contract
J. Hollander denies an attorney’s motion to dismiss professional negligence allegations brought by a bankruptcy client. The client retained the attorney to represent her when she filed for Chapter 13 bankruptcy, but he refused to seek relief from the stay and continued to bill her, prompting the current suit. Although there had been a delay in the attorney being served, it was only a day late and the client has good cause in the suit, so she is given a retroactive extension of time to serve the attorney.
Court: USDC Maryland, Judge: Hollander, Filed On: June 6, 2023, Case #: 1:22cv2639, NOS: Other Contract - Contract, Categories: bankruptcy, Negligence, contract