Cases

MEMORANDUM OPINION Royce C. Lamberth, United States District Judge I. INTRODUCTION This case comes before this Court from the United States Bankruptcy Court for the Western District of Texas after withdrawal of the reference. In 2011, the Bankruptcy Court confirmed the debtor’s (CryptoMetrics) Second Amended Chapter 11 Plan, after which a creditors’ trust and shareholders’ trust were est

Jeff Bohm, United States Bankruptcy Judge I. INTRODUCTION The adversary proceeding pending before this Court was filed due to an unscrupulous attorney's theft of $2.4 million. This attorney has no moral compass whatsoever, and his perfidy has resulted in litigation among his former clients, friends, and various third parties who did not have the displeasure of knowing him. While he deservedly spen

667 F.3d 273 (2011) Shawn SULLIVAN; Arrigotti Fine Jewelry; James Walnum, on behalf of themselves and all others similarly situated, v. DB INVESTMENTS, INC.; De Beers S.A.; De Beers Consolidated Mines, Ltd.; De Beers A.G.; Diamond Trading Company; CSO Valuations A.G.; Central Selling Organization; De Beers Centenary A.G. David T. Murray, Appellant in 08-2784 (Pursuant to Fed. R.App. P. 12(a)) Susan M. Quinn, Appellant in 08-2785 (Pursuant

AMENDED MEMORANDUM OPINION Marvin Isgur, UNITED STATES BANKRUPTCY JUDGE Defendants, U.S. Bank Trust, N.A., Caliber Home Loans, Inc., and HSBC Mortgage Services, Inc. have filed motions to dismiss Jose and Teresa Trevino’s complaint for failure- to state a claim upon which relief may be granted. (Case No. 13-07031; ECF Nos. 79 and 80). The motions are granted in part and denied in part. The' follow

MEMORANDUM OPINION Marvin Isgur, UNITED STATES BANKRUPTCY JUDGE Defendants, U.S. Bank Trust, N.A., Caliber Home Loans, Inc., and HSBC Mortgage Services, Inc. have filed motions to dismiss Jose and Teresa Trevino’s complaint for failure to state a claim upon which relief may be granted. (Case No. 13-07031; ECF Nos. 79 and 80). The motions are granted in part and denied in part. The following claims

Opinion for the Court filed by Circuit Judge WILKEY. WILKEY, Circuit Judge: Petitioner, the Independent U. S. Tanker Owners Committee, appeals from an unsuccessful challenge in the district court to both informal rulemaking and adjudicative action by the Secretary of Commerce,1 the Maritime Administration (Mar-*188Ad),

*314 HAMILTON, Circuit Judge. A claims trader buys claims against bankrupt debtors from creditors at a discount. See In re Kreisler, 546 F.3d 863, 864 (7th Cir.2008). This appeal addresses how purchased claims can be affected by a debtor’s decision to assume or reje

*138 MEMORANDUM OPINION AND ORDER GRANTING THE SECOND MOTION FOR SUMMARY JUDGMENT OF PLAINTIFF-PARADIGM ON DEFENDANT’S FRAUDULENT TRANSFER COUNTERCLAIM STACEY G.C. JERNIGAN, Bankruptcy Judge. I. INTRODUCTION The above-referenced adversary proceeding (the “Adversary Proceeding”) has arisen in the much-followed Chapter 11 b

ACCEPTED 01-15-00989-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 12/3/2015 1:47:58 PM

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S RENEWED MOTION FOR CLASS CERTIFICATION SEITZ, District Judge. THIS CAUSE is before the Court on Plaintiff Boca Raton Community Hospital *681Inc.’s (“Boca’s”) Renewed Motion for Class Certification [DE-255] under Fed.R.Civ.P. 23(a) and (b)(3) (“Renewed Motion”).1

881 So.2d 565 (2004) Palmas Y BAMBU, S.A., a Costa Rican company, and Productora de Semillas, S.A., a Costa Rican company, Appellants/Cross-appellees, v. E.I. DUPONT DE NEMOURS & COMPANY, INC., a Delaware corporation, Appellee/Cross-appellant. Nos. 3D02-1026, 3D02-1027, 3D02-1172, 3D02-1177. District Court of Appeal of Florida, Third District. May 26, 2004.

964 S.W.2d 89 (1997) Margaret Hunt HILL, Individually, Margaret Hunt Hill, Executrix (of the Estate of Al G. Hill, Deceased), Margaret Hunt Hill, Trustee (of the Margaret Hunt Hill Marital Trust), Chester J. Donnally, Jr., Trustee (of the Margaret Hunt Hill—Albert G. Hill, III, Trust, Heather Victoria Hill Trust, Elisa Margaret Hill Trust, Michael Busch Wisenbaker, Jr. Trust, Wesley Hill Wisenbaker Trust, Cody McArthur Wilert Trust and the Margretta Hill

889 S.W.2d 467 (1994) Marcy T. ROGERS, Appellant, v. The DALLAS MORNING NEWS, INC., A.H. Belo Corp., Olive Talley, and Dolores A. Hutcheson, Appellees. No. 05-93-00689-CV. Court of Appeals of Texas, Dallas. September 30, 1994. *468 Frank Gilstrap, James V. Cornehls, Dallas, for Appellant. William D. Sims, Jr., Steven T. Ba

358 B.R. 868 (2006) In re AVADO BRANDS, INC., f/k/a Apple South, Inc., et al., debtors. William Kaye, Trustee of Avado Brands, Inc. Litigation Trust, Plaintiff, v. Thomas E. Dupree, Jr., Louis J. Profumo, Margaret E. Waldrep, Erich J. Booth, Jerome A. Atkinson, William V. Lapham, Emilio Alverez-Recio and Robert Sroka, Defendants. Bankruptcy No. 04-31555HDH-11. Adversary No. 05-3823. United States B

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DONALD M. LUSNAK, on behalf of No. 14-56755 himself and all others similarly situated, D.C. No. Plaintiff-Appellant, 2:14-cv-01855- GHK-AJW v. BANK OF AMERICA, N.A., OPINION Defendant-Appellee. Appeal from the United States Dist

LOHIER, Circuit Judge: Defendant-appellant Education Management Corporation (“EDMC”) and its subsidiaries appeal from a judgment following a bench trial before the United States District Court for the Southern District of New York (Failla, J.). The District Court held that a series of transactions meant to restructure EDMC’s debt over the objections of certain noteholders violated Section 316(b) of the Trust Indenture Act of 1

OPINION AND ORDER GRANTING PARTIAL DISMISSAL AND LEAVE TO AMEND MELINDA HARMON, District Judge. Pending before the Court in the above referenced cause, alleging Defendants’ failure to perform, under the parties’ Mortgage Loan Purchase and Servicing Agreement, proper mortgage servicing on multiple pools of mortgage loans sold by Defendants to Plaintiff Encore Bank, N.A. (“Encore”), is a motion t

397 B.R. 493 (2008) DJS PROPERTIES, L.P., Appellant, v. Don J. SIMPLOT, Appellee. Bankruptcy No. 06-002. No. CV-07-484-S-BLW. United States District Court, D. Idaho. September 30, 2008. *496 Joseph M. Meier, Cosho Humphrey, LLP, Boise, ID, for Appellant. MEMORANDUM DECISION AND ORDER B. LYNN WINMILL, Chief

OPINION AND ORDER Delgado-Hernández, District Judge. The Federal Deposit and Insurance Corporation (“FDIC”) as receiver of Euro-bank, initiated this action against Euro-bank’s former Directors, related spouses and conjugal partnerships to recover approximately $55 Million in losses that it attributes to the Directors’ gross negligence in approving twelve “obviously risky and deficiently underwritten” unpaid

CLEVENGER, Circuit Judge: Bayou Shores SNF, LLC (“Bayou Shores”) operates a skilled nursing facility in St. Petersburg, Florida. Most of Bayou Shores’ patients are on Medicare or Medicaid, and over ninety percent of its revenue is derived from Medicare and Medicaid patients. It receives compensation for Medicare and Medicaid services through provider agreements entered into wi