BANKRUPTCY: $191,993 fees/costs awarded to Yellowstone Mountain Club Appellees against Debtor and attorney for vexatious/frivolous appeal. [Read more…]
Title insurance, extinguishment of easement
TITLE INSURANCE: Extinguishment of easement is not a “defect in or lien or encumbrance on the title” for which insurer may be liable… summary judgments granted on similar but different grounds for procurer and insurer… Ortley. [Read more…]
Rule 38/§1927 sanctions, recusal, smearing judge
SANCTIONS under FRAP 38 and §1927 imposed in form of Appellees’ fees & costs against Yellowstone Mountain Club co-founder and principal attorney for transparent attempt to wriggle out of unfavorable decisions by smearing Kirscher in recusal motion… co-counsel attempting to distance themselves chastised but not sanctioned… order. [Read more…]
Bankruptcy, appeal standing, choses in action
BANKRUPTCY: Yellowstone Club co-founder with choses in action has standing to appeal confirmation of Plan… appeal as to exculpation clause not equitably moot… appeal as to other requested relief which would require unraveling Plan equitably moot… Haddon affirmed, reversed (unpublished). [Read more…]
Judge recusal, alleged ex parte, biased statements
JUDGE RECUSAL: Claims of ex parte communications, rulings denying due process, biased statements rejected as attempt to wriggle out of unfavorable decision by smearing judge… Kirscher/Haddon affirmed. [Read more…]
STFA, indenture trustee, duty to call sale
STFA: Indenture trustee may delegate duty to call sale… Molloy affirmed (unpublished).