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challenge of holding that res judicata precluded Trustee’s usury claim waived… Kirscher/Christensen affirmed, reversed (unpublished).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…]
Adversary proceeding, $4,370,021, guaranty, usury
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…]
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…]