In re Edinger (Lawyers Weekly No. 14-05-0991, 12 pp.) (Randy Doub, J.) 14-01966-5; E.B.N.C. Holding: Where the debtor-mother’s reprehensible behavior put her children’s health and their relationship with their father at risk and contributed to placing the father in a ...Read More »
Bankruptcy — Constitutional – Jury Trial Right – Fraudulent Transfer – Avoidance Action – Affirmative Defenses – Set Off – Equitable Jurisdiction
Angell v. Mansour (In re Britt Motorsports, LLC) (Lawyers Weekly No. 14-05-0992, 6 pp.) (Stephani Humrickhouse, J.) 14-00041-8; E.B.N.C. Holding: Defendants have not filed a claim against the bankruptcy estate; however, in the trustee’s action to avoid a fraudulent transfer, ...Read More »
Bankruptcy — Dischargeability – State Court Judgment – Defalcation – Trusts & Estates – Civil Practice – Collateral Estoppel
Thomas v. Causey (Lawyers Weekly No. 14-05-0967, 21 pp.) (Benjamin Kahn, J.) 13-02071; M.B.N.C. Holding: In a state court action between the parties, the combination of jury instructions for plaintiff’s tort claims (breach of fiduciary duty, taking advantage of a ...Read More »
In re Page (Lawyers Weekly No. 14-05-0968, 12 pp.) (Catharine Aron, J.) 13-51224; M.B.N.C. Holding: Debtor Christina Page admitted that the debtors filed a Chapter 13 petition – despite their lack of regular income – because a Chapter 7 bankruptcy ...Read More »
Valenti v. JP Morgan Chase Bank, N.A. (Lawyers Weekly No. 14-05-0969, 10 pp.) (David Warren, J.) 14-00018-8; E.B.N.C. Holding: Where the defendant-creditor corrected a problem with the debtor’s deed of trust and re-recorded it during the debtor’s first bankruptcy, the ...Read More »
Wells Fargo, N.A. v. BMOC Investors, LLC (Lawyers Weekly No. 14-05-0970, 7 pp.) (Stephani Humrickhouse, J.) 14-00009-5; E.B.N.C. Holding: The plaintiff-creditor seeks a remand to state court of its claim against the debtor’s guarantor. Since the guaranty action does not ...Read More »
Angell v. Faison (Lawyers Weekly No. 14-05-0971, 14 pp.) (Stephani Humrickhouse, J.) 13-00165-8; E.B.N.C. Holding: On the petition date, the chain of title for each of the real properties at issue contained a notice of lis pendens that the debtor ...Read More »
Guttman v. Construction Program Group (Lawyers Weekly No. 14-01-0738, 14 pp.) (Floyd, J.) No. 13-1931, July 28, 2014; USDC at Baltimore, Md. (Bredar, J.) 4th Cir. Holding: In a Litigation Trustee’s efforts to avoid and recover premium payments debtor transferred ...
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National Heritage Foundation Inc. v. Highbourne Foundation (Lawyers Weekly No. 14-01-0636, 18 pp.) (Diaz, J.) No. 13-1608, June 27, 2014; USDC at Alexandria, Va. (Trenga, J.) 4th Cir. Holding: Debtor, a nonprofit public charity that administers donor-advised funds, may not ...
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Branch Banking & Trust Co. v. Construction Supervision Services Inc. (Lawyers Weekly No. 14-01-0495, 19 pp.) (Wynn, J.) No. 13-1560, May 22, 2014; USDC at Raleigh, N.C. (Boyle, J.) 4th Cir. Holding: Construction subcontractors entitled to a lien on funds ...
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