ADVERSARY PROCEEDING: $4,013,411 awarded to Ch. 7 Trustee on avoidance theories, $356,610 for violation of usury laws, involving guaranty of $13 million loan to son of insolvent Debtor Yellowstone Club co-developer Edra Blixseth… Kirscher. [Read more…]
Defective flooring, CPA, defense verdict, fees
DEFECTIVE FLOORING: Late disclosure of tax expert properly allowed in support of challenge of CPA personal residence claim after Defendant failed to timely produce records… $24,346 fees/costs properly awarded Defendant for claim that lodge was personal residence under CPA… [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…]
Arbitration, subdivision CCRs
ARBITRATION clause in subdivision CCRs not contract of adhesion, within reasonable expectation of sophisticated buyer… [Read more…]
Defense verdict, failed hardwood flooring
VERDICT: Defense verdict against flooring supplier, settlement by general contractor and installer, failed hardwood flooring on [Read more…]
STFA, indenture trustee, duty to call sale
STFA: Indenture trustee may delegate duty to call sale… Molloy affirmed (unpublished).
Note/procedure, individual v. company borrowers
NOTE/PROCEDURE/FEES: Successor judges correctly overruled Henson’s summary judgment for Plaintiff… note specified individuals, not company, lender’s claim against [Read more…]