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Judge Thomas L. Saladino

Jerry E. Collins and Deborah L. Collins, Ch. 7, BK16-40070 (Mar. 8, 2016)

In this order denying the debtors' motion to avoid a judgment lien, the court reiterated the paramount importance of providing proper notice to a defendant whose rights may be altered, and set out some guidelines for ensuring the achievement of proper service under the procedural rules. First, the defendant must be properly identified. Then, the plaintiff must figure out which method of service is appropriate, e.g., on a registered agent, by first-class mail to an officer or agent at the defendant's street address, or on a named officer of an insured depository institution.

Ron Ross, Chap. 11 trustee v. Scott A. Buckles (In re Skyline Manor, Inc.), Ch. 11, BK14-80934, A15-8035 (Dec. 18, 2015)

Venue for a trustee's adversary proceeding to avoid allegedly fraudulent transfers was appropriate in the district in which the bankruptcy case was filed. The out-of-state defendants had moved to dismiss, arguing that 28 U.S.C. § 1409(b) requires such lawsuits to be brought in the defendants' home district, but the court denied that motion, noting that § 1409(b) addresses only proceedings "arising in" or "related to" a bankruptcy case and fraudulent transfer avoidance actions "arise under" the Bankruptcy Code.

Ronald P. Hasley & Vicki A. Hasley v. Tyler B. Irons (In re Irons), Ch. 7, BK15-40876, A15-4051 (Sept. 16, 2016)

The court denied summary judgment on dischargeability under §§ 523(a)(2)(A) and (a)(4) of a debt that was based on a state court judgment. That judgment was a summary judgment on a breach of contract issue, so the elements of fraud or defalcation had not been established. The motion in state court had not been defended by the debtor, possibly due to counsel's negligence, so collateral estoppel may not be applicable. In sum, genuine issues of material fact exist as to dischargeability, so the matter should be tried.

Roger Anderson & Lori Anderson v. Charles H. Morland & Bonnie K. Morland (In re Anderson), Ch. 11, BK12-40585, A14-4049 (Oct. 16, 2014)

The bankruptcy court remanded a state-court lawsuit that the debtors had removed in connection with their bankruptcy case. The lawsuit did not deal with bankruptcy issues – it involved breach of contract and tortious interference with business relations – and it was ready to be tried when it was removed from the state court, so the bankruptcy court abstained and equitably remanded the case for trial and liquidation of the claim, which could then be addressed in the debtors' Chapter 11 plan.

Richard D. Myers, Chap. 7 Trustee v. Douglas A. Dick (In re Summer Productions, LLC), Ch. 7, BK13-81929, A14-8025 (Apr. 8, 2015)

The court denied the trustee's motion for summary judgment in a preference action because the evidence before the court did not establish the element of insolvency, nor was it clear that the property transferred was property of the debtor.

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