Cases

*703 DECISION THOMAS S. UTSCHIG, Bankruptcy Judge. This case involves a dispute over the equity in a section of land that includes the debtors’ homestead. The parties filed a joint pretrial statement in which they stipulated to the essential facts. At the pretrial conference, they agreed to submit the matter to the Court on briefs as neithe

MEMORANDUM OPINION D. MICHAEL LYNN, Bankruptcy Judge. Before the court are the Brief in Support of Court’s Jurisdiction over Controversy (Case docket no. 748,1 “Talsma Brief’), by which Klaas Talsma (“Talsma” or “Plaintiff’) argues this court has jurisdiction over various claims asserted by Talsma, Frisia Farms, Inc., and Frisia West, LLC (collectively, “Debto

987 P.2d 314 (1999) 133 Idaho 402 EASTERN IDAHO AGRICULTURAL CREDIT ASSOCIATION, a federally chartered corporation, Plaintiff-Appellant, v. Ira L. NEIBAUR; Darwin P. Neibaur; June G. Neibaur, Steve Neibaur, Burke Neibaur, Ira Neibaur, Renea Hartley, Corinne Jones and Dana Lee Dorsey d/b/a Darwin Neibaur Farms, an Idaho general partnership; June G. Neibaur; and Monica (Neibaur) Davis, Defendants-Respondents, and Valley

McDEVTTT, Justice. This case involves a complaint to foreclose against security agreements and real estate mortgages that were executed by respondents to serve as collateral for operating loans that were made by appellant Eastern Idaho Agricultural Credit Association (Credit Association) to respondents Ira L. Neibaur and Monica D. Neibaur, husband and wife, on January 18, 1991 and November 25, 1991. The district court grante

IN THE COURT OF APPEALS OF NORTH CAROLINA 2022-NCCOA-677 No. COA21-588 Filed 18 October 2022 Wake County, No. 20 CVS 11158 NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Plaintiff, v. JOSHUA CARPENTER; ALL PRO BILLIARDS & SPAS, LLC; JAMES BANKS; KENNETH BARRETT; MARY BELUE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DELMER EUGENE BELUE; SHANE BIDDIX; DOUGLAS C. B

IN THE COURT OF APPEALS OF NORTH CAROLINA 2022-NCCOA-677 No. COA21-588 Filed 18 October 2022 Wake County, No. 20 CVS 11158 NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Plaintiff, v. JOSHUA CARPENTER; ALL PRO BILLIARDS & SPAS, LLC; JAMES BANKS; KENNETH BARRETT; MARY BELUE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DELMER EUGENE BELUE; SHANE BIDDIX; DOUGLAS C. B

DECISION AND ORDER GRANTING MOTIONS TO DISMISS WILLIAM C. GRIESBACH, Chief Judge. This suit arises from an insurance premium .financing scheme entered into by Plaintiff Ronald H. Van Den Heuvel. Van Den Heuvel filed this action pro se in Brown County Circuit Court in Wisconsin. On April 4, 2012, Defendants removed the matter from the state court. Jurisdiction was asserted under 28 U.S.C. § 1332(

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS AND MOTION TO SEVER BETH BLOOM, District Judge. THIS CAUSE is before the Court on the Motions to Dismiss Plaintiffs Sarah Alhassid and Sarah Drennan’s (“Plaintiffs”) Second Amended Class Action Complaint, ECF No. [73] (“SAC”), filed by Defendant Nationstar Mortgage, LLC (“Nationstar” and Nationst

55 B.R. 770 (1985) In re James Ross HARTLEY, Sharon Lee Hartley, dba Hartley Trucking, Debtors. Quentin M. DERRYBERRY, II, Trustee, Plaintiff, v. The PEOPLES BANKING COMPANY, Defendant. Misc. No. 84-7014, Adv. No. 83-0748, Bankruptcy No. 81-01855. United States Bankruptcy Court, N.D. Ohio, W.D. April 15, 1985. *771 Quentin M.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS COMPLAINT FILED ON APRIL 4, 2013 LESLIE E. KOBAYASHI, District Judge. On May 31, 2013, Defendant U.S. Bank National Association as Trustee under Pooling and Servicing Agreement Dated as of December 1, 2006 MASTR Asset Backed Securities Trust 2006-HE5 Mortgage Pass-through Certificates Series 2006-HE5 (“Defendant” or “U.

MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR., District Judge. Pending is plaintiffs’ motion to remand, filed May 31, 2011. Also pending are the motion of defendant Thomas A. Zamow (“nondiverse defendant”) to dismiss, filed *969September 8, 2011, and the motion of defendants Bank of America, N.A. (“Countrywide”), BAC Home Loans

52 B.R. 679 (1985) In re James Ross HARTLEY, Individually and dba Hartley Trucking, and Sharon Hartley, Debtors. The TOLEDO TRUST COMPANY Successor-in-Interest to The Peoples Bank, Carey, Ohio, Plaintiff, v. The PEOPLES BANKING COMPANY, Quentin M. Derryberry, II, Trustee, and Paul A. Burson, Defendants. Bankruptcy No. 81-01855, Adv. No. 83-0838. United States Bankruptcy Court, N.D. Ohio, W.D.</

MEMORANDUM DECISION Andrew B. Altenburg, Jr., United States Bankruptcy Judge INTRODUCTION Before the court is an adversary proceeding of Andrew Sklar, Chapter 7 Trustee of the Bankruptcy Estate of Global Protection USA, Inc. (the “Trustee”)1 against Susquehanna Bank (the “Bank”), seeking avoidance of certain transfers. After four days of trial, including te

825 F.2d 1067 17 Collier Bankr.Cas.2d 550, Bankr. L. Rep. P 71,951In re James Ross HARTLEY & Sharon Lee Hartley, d/b/a HartleyTrucking, Debtors.Suzanne Cotner MANDROSS, Successor-Trustee, Plaintiff-Appellee,v.PEOPLES BANKING COMPANY, Defendant-Appellant. No. 86-3688. United States Court of Appeals,Sixth Circuit. Argued June 16, 1987.Decided A

Flanders/Precisionaire Corp. v. The Bank of NY Mellon Trust Co., 2015 NCBC 33. STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION JOHNSTON COUNTY 14 CVS 152 FLANDERS/PRECISIONAIRE CORPORATION and FLANDERS CORPORATION, Plaintiffs, v. THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ORDER AND

395 S.C. 611 (2011) 720 S.E.2d 473 CODY P., by and through his Conservator Kelly H. Kelley, and his natural and legal guardian Elizabeth Powell, Respondents, v. BANK OF AMERICA, N.A., Karen P. Unrue, and Travis Powell, Defendants, of whom Bank of America, N.A. is the Appellant. No. 4875. Court of Appeals of South Carolina. Heard December 8, 2010.

Stephens, J. 1. Where money is paid on the debt of another by a person who is under no legal or moral obligation to pay the debt, and he does not do so at the instance, request, or consent of the debtor, and the debtor does not ratify his act as one done in his behalf, or does not otherwise become liable therefor, it is a voluntary payment, and the person making the payment can not recover from the debtor. This is particularly

96 F.Supp.2d 780 (2000) In re BANK ONE SHAREHOLDERS CLASS ACTIONS. John B. McCoy, Thomas E. Reilly, Jr., Richard J. Lehmann, David J. Vitale, Richard W. Vague, Robert A. Rosholt, First USA Bank, N.A. and Bank One Corp., Defendants. No. 00 C 880. United States District Court, N.D. Illinois, Eastern Division. May 8, 2000. *781 Robert I

229 B.R. 432 (1998) In re Daniel L. SLOMINSKI and Kelli D. Slominski, a/k/a Kelli D. Shumaker, Debtors. Community National Bank, Plaintiff, v. Daniel L. Slominski, Defendant. Bankruptcy No. 98-30458, Adversary No. 98-7031. United States Bankruptcy Court, D. North Dakota. October 23, 1998. *433 *4

431 Pa. Superior Ct. 541 (1994) 637 A.2d 309 DOLLAR BANK, FEDERAL SAVINGS BANK v. NORTHWOOD CHEESE CO., INC., Appellant. DOLLAR BANK, FEDERAL SAVINGS BANK v. George L. MYRTER and Eleanor M. Myrter, Appellants. Superior Court of Pennsylvania. Argued October 21, 1993. Filed February 14, 1994. *542