BANKRUPTCY: Ch. 13 creditors must file timely proof of claim to participate in distribution of assets even if the debt was listed in the debtor’s schedules… BAP/ Kirscher affirmed. [Read more…]
Insurance, notice-prejudice, 3rd-party
INSURANCE: Insurer who does not receive timely notice pursuant to policy terms must demonstrate prejudice to avoid defense/indemnification… notice-prejudice rule in 3rd-party case… certified question by 9th Circuit. [Read more…]
Jurisdiction, long-arm, notice of objections
JURISDICTION: No long-arm jurisdiction over Minnesota dairy supplier doing business with Montana broker… objections not waived by failure to raise in notice of appearance… Deschamps affirmed. [Read more…]
Defense verdict, porch encroachment
VERDICT: Defense, porch encroachment. [Read more…]
Note/procedure, balloon loan reset
NOTE/PROCEDURE: Regardless of whether requiring written notice of intent to exercise reset of balloon loan was contract of adhesion, it was within reasonable expectation of realtor, not unduly [Read more…]