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Bankruptcy law

Nolan et al v. Nolan

The bankruptcy court granted summary judgment only on the §523(a)(4) claims, but allowed the §523(a)(2)(A), §523(a)(6), §523(a)(19), and §727(a)(2) claims to proceed.

  • Dischargeability under 11 u.s.c. § 523
  • Denial of discharge under 11 u.s.c. § 727
  • Summary judgment
  • Fiduciary capacity
  • Embezzlement
  • Larceny
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Bankruptcy law

Clutter v. First Community Bank

The court held First Community Bank’s surplus-proceeds petition was in rem, not an effort to collect a discharged debt personally, and dismissed the adversary complaint with prejudice.

  • Discharge injunction
  • In rem vs. in personam
  • Rule 12(b)(6)
  • Surplus tax sale proceeds
  • Lien survival after discharge
  • Bankruptcy-discharge-injunction
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Civil procedure

Federal Trade Commission v. Andrew Lloyd

The Seventh Circuit affirmed denial of Andrew Lloyd’s Rule 60(b) motion to vacate a 2017 FTC settlement judgment, citing his waiver, untimeliness, and no voidness under AMG.

  • Rule 60(b)
  • Settlement agreement
  • Injunction
  • Money judgment
  • Timeliness
  • Void judgment
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Bankruptcy

Portland Duck, LLC v. Duck Ventures, LLC and Splash Ventures, LLC

The bankruptcy court granted permissive abstention in a post-confirmation adversary proceeding over state-law claims, directing the case to be closed without prejudice.

  • Post-confirmation jurisdiction
  • Permissive abstention
  • Adversary proceeding
  • Subject-matter jurisdiction
  • Permissive-abstention
  • Post-confirmation-jurisdiction
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Civil procedure

Priest v. Werner Enterprises Inc. et al.

The court accepted the magistrate judge’s recommendation, granted Defendants’ motions to dismiss, denied leave to amend, and dismissed the claims for failure to state a claim.

  • Motion to dismiss
  • Leave to amend complaint
  • Magistrate judge recommendation
  • Failure to state a claim
  • Motion-to-dismiss
  • Leave-to-amend
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Bankruptcy law

In re Donald Joseph Hefflinger and Michelle Marie Griffiths v. State of Oregon, Department of Consumer and Business Services, Division of Financial Regulation

The bankruptcy court held the DCBS did not violate Hefflinger’s discharge injunction because the penalties were nondischargeable civil fines and part arose after filing.

  • Discharge injunction
  • Nondischargeable civil penalties
  • Chapter 7 discharge
  • Postpetition debt
  • License regulation
  • Motion to dismiss
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Bankruptcy

In re Keerthi Ranasinghe; Keerthi Ranasinghe v. U.S. Bank National Association as Trustee for Morgan Stanley Mortgage Loan Trust 2007-11AR, PHH Mortgage as Servicer for U.S. Bank National Association

The bankruptcy court granted summary judgment dismissing Ranasinghe’s amended adversary complaint with prejudice, holding the claims barred by Rooker-Feldman and, alternatively, preclusion.

  • Summary judgment
  • Rooker-feldman doctrine
  • Res judicata
  • Collateral estoppel
  • Permissive abstention
  • Chapter 7 trustee duties
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Bankruptcy law

In re Samuel Quinones Zambrana

The bankruptcy court held that Esther Rivera Ortiz’s late proof of claim was timely under Rule 3002(c)(7) because the notice of the bar date was insufficient.

  • Chapter 13 claims bar date
  • Proof of claim timeliness
  • Insufficient notice
  • Imputation of notice to counsel
  • Chapter-13
  • Proof-of-claim
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Aviation law

Melissa Suzette Arzu v. American Airlines, Inc.

The court excluded part of Dr. Warmink’s causation testimony and granted summary judgment to American Airlines, dismissing the case with prejudice.

  • Montreal convention article 17 causation
  • Expert testimony admissibility under rule 702
  • Summary judgment
  • Loss of consortium
  • Survival claim
  • Aed malfunction
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Bankruptcy

Official Committee of Asbestos Personal Injury Claimants and Sander L. Esserman, in his capacity as Legal Representative for Future Asbestos Claimants v. DBMP LLC and CertainTeed LLC et al.

The bankruptcy court denied without prejudice a motion to compel discovery from CSG, partly granted CSG’s protective-order request, and required Hague Convention procedures.

  • Discovery
  • Personal jurisdiction
  • Protective order
  • Hague evidence convention
  • French blocking statute
  • Comity
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United States decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.