Cases
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10 opinions for “Heller Ehrman LLP - Adversary Proceeding”
MEMORANDUM AND ORDER DENYING MOTION TO WITHDRAW THE REFERENCE CHARLES R. BREYER, District Judge. This case deals with the parameters of the Supreme Court’s recent decision in Stern v. Marshall, — U.S.-, 131 S.Ct. 2594, 180 L.Ed.2d 475 (2011). Stem v. Marshall held bankruptcy judges did not have Article III constitutional authority to enter final judgment under 28 U.S.C. § 157(b)(2)(C) on a
Tyler v. Banks (In re Tyler)public domain
ORDER JAMES R. SACCA, Bankruptcy Judge. This case involves the foreclosure sale of the Debtor’s home for a price that the Debtor contends represented pennies on the dollar. The Debtor commenced this adversary proceeding seeking to avoid the transaction as a fraudulent transfer for less than reasonably equivalent value pursuant to § 548 of the Bankruptcy Code. Now before the Court is the Debtor’s Motion fo
Fox ex rel. Perry H. Koplik & Sons, Inc. v. Koplik (In re Perry H. Koplik & Sons, Inc.)public domain
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER TRIAL (AS AMENDED)1 ROBERT E. GERBER, Bankruptcy Judge. Introduction. .753 Background. 756 H The Revolver . 756 03 The Trade Insurance. 757 00 The American Tissue Extensions of Credit. 757 ^ (a) Overview . 757 (b) Particular Transactions
One Longhorn Land I, L.P. v. Presleypublic domain
Proceedings: PLAINTIFF’S MOTION TO WITHDRAW REFERENCE OF ADVERSARY PROCEEDING (Dkt. No. 1, filed March 2, 2015) CHRISTINA A. SNYDER, Judge. I. INTRODUCTION On June 18, 2014, defendant Brian Presley (“Presley”) filed a voluntary petition for Chapter 7 bankruptcy relief in the United States Bankruptcy Court for the *758Central Dis
Estate of Hegarty v. Beauchainepublic domain
CURLEY, J. ¶ 1. This is an appeal and cross-appeal in a wrongful death and medical malpractice action following a jury verdict in favor of the Estate of Sarah M. Hegarty (Sarah) and her surviving parents, Jeremiah J. Hegarty and Mary D. Hegarty (collectively, the Hegartys), and against Dr. Angela Beauchaine, M.D., and her insurance company, OHIC Insurance Company (OHIC).
Zazzali v. Goldsmith (In re DBSI Inc.)public domain
TERRY L. MYERS, CHIEF U. S. BANKRUPTCY JUDGE INTRODUCTION James R. Zazzali ("Plaintiff") is the trustee for the jointly-administered estates of DBSI, Inc., an Idaho corporation ("DBSI"), and certain DBSI affiliated debtors and consolidated non-debtors. Plaintiff is also the litigation trustee for the DBSI Estate Litigation Trust formed under a confirmed chapter 11 plan, and charged inter alia<
In re: Shawn Deitzpublic domain
FILED APR 23 2012 1 SUSAN M SPRAUL, CLERK U.S. BKCY. APP. PANEL 2 ORDERED PUBLISHED O F TH E N IN TH C IR C U IT 3 UNITED STATES BANKRUPTCY APPELLATE PANEL 4 OF
Deitz v. Fordpublic domain
ORDER Chapter 7 debtor Shawn Deitz seeks review of the Bankruptcy Appellate Panel’s (“BAP”) judgment affirming the bankruptcy court’s judgment (1) awarding money damages to creditors Wayne and Patricia Ford; and (2) ordering that the Fords’ claim be excepted from discharge. We have jurisdiction under 28 U.S.C. § 158(d), and we affirm.1 This court reviews decisions of the BAP de novo and
Orchestratehr, Inc. v. Trombettapublic domain
MEMORANDUM OPINION AND ORDER ON PLAINTIFFS’ MOTIONS FOR SANCTIONS AND TO COMPEL DAVID L. HORAN, UNITED STATES MAGISTRATE JUDGE Plaintiffs OrchestrateHR, Inc. and Viva-ture, Inc. have filed a Motion for Sanctions Against All Defendants [Dkt. No. 232], a Motion for Sanctions Against Anthony L. Trombetta for Spoliation of Evidence [Dkt. No. 240], and an Emergency Motion for Sanctions [Dkt. Nos. 245 &
McConnell v. Federal Election Commissionpublic domain
MEMORANDUM OPINION PER CURIAM 1 Presently before this three-judge District Court are eleven consolidated actions challenging as unconstitutional the Bipartisan Campaign Reform Act of 2002, Pub.L. No. 107-155, 116 Stat. 81 (2002) (“BCRA”) and seeking declaratory and injunctive relief to prohibit its enforcement. The wide range of legal challenges raised by this litigati