BANKRUPTCY: Interlocutory appeal of Bankruptcy Court’s denial of arbitration improperly denied, but denial of arbitration of core claim counterclaim affirmed on the merits… Morris reversed, affirmed (memorandum). [Read more…]
Reservation campground lease, $1,740,910 tax debt
RESERVATION CAMPGROUND LEASE: Objection to proof of claim overruled as to $1,740,910 nondischargeable lodging tax debt owed to Blackfeet Nation by campground operator, sustained as to Lease interest, contractor taxes, and TERO fees… Holt. [Read more…]
Indians, oil/gas leases jurisdiction
INDIANS: Jurisdictional factors improperly weighed to determine that LLC is an arm of the Assiniboine & Sioux Tribes in oil & gas leases dispute… Laird reversed. [Read more…]
Bankruptcy, health savings account exemption
BANKRUPTCY: HSAs exempt within statutory use constraints… certified question by Kirscher. [Read more…]
Bankruptcy, $191,993 fees/costs, vexatious appeal
BANKRUPTCY: $191,993 fees/costs awarded to Yellowstone Mountain Club Appellees against Debtor and attorney for vexatious/frivolous appeal. [Read more…]
Bankruptcy, exemption in health savings account
BANKRUPTCY: Certified question accepted as to exemption in health savings account… order. [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…]
Bankruptcy, appeal standing, choses in action
BANKRUPTCY: Yellowstone Club co-founder with choses in action has standing to appeal confirmation of Plan… appeal as to exculpation clause not equitably moot… appeal as to other requested relief which would require unraveling Plan equitably moot… Haddon affirmed, reversed (unpublished). [Read more…]
Lending breach, bait & switch, $6 million verdict
LENDING BREACH: Sufficient evidence of fraud in surreptitious conversion of 30-year residential condo loan application to 18-month commercial loan resulting in predictable foreclosure… successor bank liable for punitives arising out of predecessor’s pre-merger conduct… $1 million compensatory, $5 million punitives verdict affirmed… interest improperly awarded from punitives decision rather than verdict… J. Brown affirmed, reversed. [Read more…]
Bankruptcy, $22 million claim reconsideration
BANKRUPTCY: Reconsideration of order allowing B Shareholders a $22 million claim properly denied absent convincing explanation for delay in filing motion… Kirscher/Haddon affirmed (unpublished). [Read more…]