BANKRUPTCY: Debtor’s interest in $400 million marital estate improperly excluded in determining insolvency at time of $13 million loan for fraudulent transfer purposes… lender’s challenge of holding that res judicata precluded Trustee’s usury claim waived… Kirscher/Christensen affirmed, reversed (unpublished). [Read more…]
Sanctions, “frivolous” bankruptcy counterclaim
SANCTIONS improperly imposed for “frivolous” counterclaim against Yellowstone Club bankruptcy trustee in personal capacity… Gary Feess (Central Dist. of Calif.) reversed (unpublished). [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…]
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…]
Bankruptcy, collateral, statement of intention
BANKRUPTCY: Under unambiguous 362(h) all personal property securing a scheduled debt is released from automatic stay if debtor fails to timely file & comply with statement of intention… combined effect of 362(h) and 521(a)(2) is to lift stay and remove personal property from estate when [Read more…]
Bankruptcy, legal malpractice, Barton doctrine
BANKRUPTCY: Malpractice and other claims against former attorney alleging misconduct as UCC chair and against co-defendant lawyers subject to Barton, District Court lacks jurisdiction as Plaintiff did not seek leave from Bankruptcy Court… Bankruptcy Court not barred by Stern from proposed findings & conclusions… Molloy. [Read more…]