ELECTIONS: Attorney correctly found not qualified for Roosevelt County Attorney based on residency… Bidegaray affirmed. [Read more…]
Banking, brothers’ joint account
BANKING: Estate’s claims against brother of improper withdrawals from joint mineral trust account properly dismissed on summary judgment including loan signatory/ratification and numerous statute of limitations issues… Rule 11 sanctions properly imposed… Bidegaray affirmed (IOR I-3(c)). [Read more…]
Bankruptcy, Yellowstone Mountain Club
BANKRUPTCY: Debtor’s intervention constituted consent to jurisdiction… divorce releases constituted fraudulent transfer, do not shield Debtor from liabilities to Yellowstone Club Liquidating Trust… Yellowstone Mountain Club’s fiduciary claims not time-barred… Debtor breached fiduciary duties to Club even though Club technically owned by alter ego… Debtor’s loan from Club was constructively fraudulent transfer… in pari delicto erroneously applied to reduce damages to liquidating trust… Kirscher/Haddon affirmed, reversed (unpublished). [Read more…]
Bankruptcy, assets transfer preliminary injunction
BANKRUPTCY: Preliminary injunction properly issued against assets transfer… Kirscher/Molloy affirmed (unpublished). [Read more…]
Bankruptcy/sanctions, $13,820,140 property/bond
BANKRUPTCY/SANCTIONS: Appeal from Bankruptcy Court’s denial of motion to vacate preliminary injunction moot… alternative sanctions of liability of greater of $13,820,139.84 or value of property and bond in like amount remedial in nature, not criminal, terminating sanctions may be avoided by posting bond… Kirscher/ Haddon affirmed (unpublished). [Read more…]