The Court granted creditors' motion for relief from stay, holding that debtor would not be prejudiced in its reorganization efforts if the creditors' continued with the California Copyright Litigation.
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The District of Utah offers a database of opinions for the years 1979 to Current, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
Title: In re VidAngel, Inc. | Date: Nov-9-2018 | Status: PUBLISHED (Judge Anderson) | Case(s): 17-29073
Title: Arma Yates, LLC v. Robertson (In re Robertson) | Date: Oct-10-2018 | Status: PUBLISHED (Judge Anderson) | Case(s): 18-02059
The Court granted plaintiffs'/counterclaim defendants' motion to dismiss the debtors' counterclaim, holding that the bankruptcy court lacked constitutional authority to enter final judgment on debtors' claims, and even if it did, debtors' lacked standing and the counterclaims were barred by doctrines of collateral estoppel and res judicata.
Title: Hofmann v. Damarc Quality Inspection Servs., LLC (In re Mt. West Indus., LLC) | Date: Sep-26-2018 | Status: PUBLISHED (Judge Anderson) | Case(s): 15-02262
The Court dismissed trustee's claims for breach of contract and professional negligence arising from faulty inspection of tanker trailers. The Court held that the economic loss rule applied and the exculpatory clauses in the contract were clear and unequivocal and would be enforced.
Title: Bird v. Ryan and Myrna White (In re White) | Date: Sep-6-2018 | Status: PUBLISHED (Judge Anderson) | Case(s): 16-02090
Debtor signed a $1 million note to his family, who provided him with monetary and other support in a lawsuit that ultimately resulted in a $15 milliion judgment. Three years before his bankruptcy filing, the debtor repaid the note from the judgment proceeds. The Court granted summary judgment in favor of defendants based on a finding that the trustee was time barred from avoiding the note under SS 544 and the Utah Uniform Fraudulent Transfer Act. Further, the trustee could not avoid the note under SS 541 due to the debtor's pre-petition waiver of any defenses to the note when he paid it. Finally, the makers of the note gave good consideration by providing funds to support the debtor and by waiting years to receive payment.
Title: In re Reynolds | Date: May-9-2018 | Status: PUBLISHED (Judge Anderson) | Case(s): 16-22038
Discussion of standards to be followed by Trustee's counsel when requesting fees that render the estate insolvent.
Title: Hofmann v. Damarc Quality Inspection Servs., LLC (In re Mt. West Indus., LLC) | Date: Mar-30-2018 | Status: PUBLISHED (Judge Anderson) | Case(s): 15-02262
The Court denied Trustee's motion on choice-of-law issue and held that Utah law governed claims for tort and breach of contract. Extensive discussion on Utah jurisdprudence on choice of law.
Title: Bird v. Wardley (In re White) | Date: Mar-28-2018 | Status: PUBLISHED (Judge Anderson) | Case(s): 16-02089
Summary judgment granted for defendant because debtor received reasonably equivalent value under the Utah Uniform Fraudulent Transfer Act in connection with notes and a guaranty used to start-up a much-desired business for the debtor that paid him a $235,000 salary.
Title: Hunt v. Citibank N.A. (In re Telford) | Date: Mar-7-2018 | Status: PUBLISHED (Judge Anderson) | Case(s): 17-02120
Court denied Trustee's motion for default judgment, finding that the the facts as alleged in the complaint were insufficient for the Court to determine the start date of the statute of limitations regarding a creditor's trust deed.
Title: Bird v. Wardley (In re: White) | Date: Jan-17-2018 | Status: PUBLISHED (Judge Anderson) | Case(s): 16-02089
The Court denied Trustee's motion for summary judgment, holding there were insufficient, undisputed facts to conclude that the debtor was not paying his debts as they came due so as to shift burden of insolvency to the debtor under the Utah Uniform Fraudulent Transfer Act.
Title: Banner Bank v. Robertson (In re Robertson) | Date: Mar-30-2017 | Status: UNPUBLISHED (Judge Mosier) | Case(s): 14-2189
Defendant submitted personal financial statements and documents he represented to be his tax returns to a bank in order to obtain loans. The purported tax returns were not the returns he had filed with the IRS and showed significantly greater income than the ones filed with the IRS. The bank made the loans, the defendant subsequently defaulted, and the bank obtained a deficiency judgment. When the defendant filed for bankruptcy, the bank commenced an adversary proceeding to except the judgment from discharge under § 523(a)(2)(B). The parties filed cross-motions for summary judgment, with the defendant arguing that the bank’s complaint should be dismissed under the unclean hands doctrine. The Court denied the defendant’s motion, concluding that the bank did not have unclean hands based on the findings made in the state court proceedings. The Court granted the bank’s motion and excepted the debt from discharge under § 523(a)(2)(B), finding in particular that the defendant’s purported tax returns were materially false because they were not, in fact, his tax returns.