FORECLOSURE/COURTS: Retired Judge Curtis was properly bestowed authority by Chief Justice to rule on motion to strike affidavit when Lympus retired… equitable estoppel based on late-filed documents already in Defendant’s possession properly denied… mortgagee’s affidavit/documents properly admitted under business records hearsay exception… foreclosure summary judgment properly granted… Lympus/Curtis/Eddy affirmed. [Read more…]
Will, testamentary capacity, disinherited daughters
WILL: Testamentary capacity of mother who disinherited daughters supported by substantial evidence under proper test… Townsend affirmed. [Read more…]
Adversary proceeding, business incubator employee
ADVERSARY PROCEEDING: Employee’s claims of fraud and intentional/malicious injury arising from “incubation agreement” and profit sharing rejected as exception to employer’s discharge… Kirscher. [Read more…]
Judge substitution, probate
JUDGE SUBSTITUTION: 30 days to substitute began when informal probate was converted to formal, once deadline passes for original parties to substitute, subsequently joined parties may not do so… Townsend affirmed (other grounds). [Read more…]
Bankruptcy, MDOR private lawyer fees
BANKRUPTCY: Kirscher conducted reasonableness analysis based on facts in denying $13,448 fees sought by private [Read more…]
Bankruptcy, quiet title
BANKRUPTCY: Quiet title for Debtor properly made on existing record after Defendants failed to submit additional information by deadline… Peterson/Molloy affirmed (unpublished). [Read more…]
Bankruptcy, fraudulent schedules, counsel advice
BANKRUPTCY: Debtor knowingly/fraudulently made many false oaths on Schedules/SOFA relating to material facts in complex scheme stemming from mega-house construction agreement… fraudulent transfer of other house properly [Read more…]
Probate, girlfriend’s life estate in house
PROBATE: Ex-wife/PR failed to timely appeal order granting girlfriend $129,679 as financial interest in lieu of life estate in house… claim that girlfriend was improperly appointed successor PR over family members named in will rejected… Larson affirmed (IOR I-3(d)(v)). [Read more…]