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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 07-19-00350-CV
Regular Panel Decision
Nov 04, 2021

Michelle Latray as Receiver of the Assets of Clifton Boatright for the Benefit of Judgment Creditors W.L. Roberts, Dana Roberts, Erin Leigh Roberts, and Katelyn Robert Gonzales v. Colony Insurance Company D/B/A Colony Specialty Insurance Co.

Michelle Latray, acting as a receiver for judgment creditors of Clifton Boatright, appealed a summary judgment ruling which found Colony Insurance Company had no duty to defend or indemnify Boatright. Latray argued the trial court erred because Colony had a duty to defend and indemnify Boatright for damages caused by dumping debris and damaging fences, asserting the acts were negligent rather than intentional, or at least the fence damage was. The Court of Appeals, Seventh District of Texas at Amarillo, denied Latray's motion for rehearing. It affirmed the trial court's judgment, concluding that Boatright's act of dumping debris was intentional, thus not an 'occurrence' covered by the policy. Although the damage to fencing was negligent, the policy's auto exclusion applied to the use of the dump truck and trailer, negating Colony's duty to defend or indemnify for those damages as well.

Insurance CoverageDuty to DefendDuty to IndemnifySummary JudgmentAuto ExclusionIntentional TortsNegligenceProperty DamageDebris DumpingReceiver
References
51
Case No. MISSING
Regular Panel Decision

Committee of Unsecured Creditors of Interstate Cigar Co. v. Interstate Distribution, Inc. (In Re Interstate Cigar Co.)

This Memorandum Decision addresses the Plaintiff's Motion for Summary Judgment regarding damages in an adversary proceeding. The Committee of Unsecured Creditors of Interstate Cigar Co., Inc. sued Interstate Distribution, Inc. and Congress Financial Corporation, alleging violations of Article 6 of the Uniform Commercial Code (Bulk Sales Law). A New York State Appellate Court had already determined Congress's liability for violating the Bulk Sales Law. The Bankruptcy Court, presided over by Judge Dorothy Eisenberg, was tasked with determining the appropriate damages. The court granted summary judgment in favor of the Plaintiff, concluding that Congress is liable for the value of the inventory and equipment transferred, fixing damages at $14,976,662.00. The decision also awarded prejudgment interest to compensate the Plaintiff for Congress's wrongful retention of asset value, with the specific interest rate to be determined in a subsequent hearing.

Bankruptcy LawBulk Sales LawUniform Commercial Code Article 6Summary JudgmentDamages CalculationPrejudgment InterestFraudulent ConveyanceAsset TransferCreditor ProtectionTrustee Powers
References
40
Case No. 09-3356
Regular Panel Decision

Placid Oil Co. v. Williams (In re Placid Oil Co.)

This Revised Memorandum Opinion and Order addresses cross-motions for summary judgment in an adversary proceeding initiated by Placid Oil Company, a reorganized debtor from a 1980s Chapter 11 bankruptcy. Placid sought a determination that post-confirmation tort claims, filed by the Williams Defendants (Post-Confirmation Tort Claimants) in Louisiana state court for asbestos exposure, were discharged by Placid's 1988 bankruptcy confirmation order. The claims arose from the death of Mrs. Myra Williams due to mesothelioma, allegedly caused by indirect asbestos exposure from her husband's work clothes while he was employed by Placid at its Black Lake Facility pre-confirmation. Applying the 'pre-petition relationship test,' the bankruptcy court found that Mrs. Williams' exposure constituted a pre-petition 'claim' and that the Post-Confirmation Tort Claimants were 'unknown creditors.' Concluding that constructive notice via newspaper publication was sufficient for these unknown creditors and that appointing a future claims representative was not warranted, the court granted summary judgment in favor of Placid, discharging the tort claims.

Bankruptcy DischargeAsbestos ExposurePost-Confirmation ClaimsUnknown CreditorsDue Process NoticeSummary JudgmentPre-petition Relationship TestMesotheliomaTort LiabilityChapter 11 Reorganization
References
29
Case No. MISSING
Regular Panel Decision

First Tech. Capital, Inc. v. Airborne, Inc.

Plaintiff First Technology Capital, Inc. initiated an action against Airborne, Inc. d/b/a/ Firstflight for breach of contract. After a series of court decisions, including a vacatur by the Second Circuit and a subsequent default judgment in favor of the plaintiff, the case was closed. The plaintiff then filed a motion to alter the judgment, seeking to remove the language that closed the case to facilitate post-judgment discovery. The court denied this motion, clarifying that reopening the case is unnecessary for a judgment creditor to pursue post-judgment discovery under Federal Rule of Civil Procedure 69(a)(2), as courts retain ancillary jurisdiction to enforce judgments.

Post-judgment discoveryFederal Rule of Civil Procedure 69Ancillary jurisdictionJudgment enforcementMotion to alter judgmentCase closureJudgment creditorDistrict Court ProcedureDiscovery scopeWestern District of New York
References
12
Case No. MISSING
Regular Panel Decision

Wilson v. Dvorak

The case involves an appeal to determine the enforceability of a judgment lien. Katherine Beam Hooper Dvorak, a judgment creditor, recorded an abstract of judgment against Donna Denise Arledge. Arledge later married, becoming Donna Nix, and acquired real property in her married name. Hooper-Dvorak's abstract of judgment was recorded under Arledge's maiden name and, despite an accompanying affidavit to cross-reference names, was improperly indexed by the county clerk, failing to provide notice under Donna Nix's name. Cathey and Benny Wilson purchased the property with a loan from RMCVanguard Mortgage Corporation, neither having actual notice of the lien due to the indexing error. The appellate court reversed the trial court's judgment, holding that the abstract of judgment did not create an enforceable lien against the innocent purchasers because it failed to provide proper constructive notice as required by the Texas Property Code.

Judgment LienAbstract of JudgmentProperty RecordsIndexing ErrorConstructive NoticeMaiden NameMarried NameReal PropertyJudgment DebtorJudgment Creditor
References
15
Case No. 06-3671
Regular Panel Decision

Sanchez v. Ameriquest Mortgage Co. (In Re Sanchez)

This case involves Chapter 13 debtors Lino and Mary Sanchez (Plaintiffs) and Ameriquest Mortgage Company (Defendant). The central issue is whether a creditor may assess post-petition charges, such as attorney's fees and property inspection fees, without disclosing them to the debtors or seeking court approval, even if allowed by a pre-petition contract. The Court ruled that such charges must be disclosed and approved, and the Defendant's failure to do so rendered them per se unreasonable and a violation of the automatic stay. The Court also found the Defendant's unilateral modification of the Chapter 13 plan and its purchase of tax claims without proper notice to be invalid. The Court grants the Plaintiffs’ Motion for Partial Summary Judgment and denies the Defendant’s Motion for Summary Judgment.

BankruptcyChapter 13Automatic StayCreditor RightsDebtor RightsFee DisclosureCourt ApprovalLien EnforcementContractual FeesMortgage
References
91
Case No. MISSING
Regular Panel Decision

Seavy v. James Kendrick Trucking, Inc.

The Supreme Court, New York County, initially ruled on October 21, 2002, that Granite State Insurance Co. was not obligated to defend or indemnify the plaintiffs in an underlying personal injury action. A subsequent order on April 4, 2003, denied plaintiffs' request to amend their complaint against Granite State. The appellate court unanimously affirmed both orders, stating that plaintiffs were not named as insureds or additional insureds under Granite State's workers' compensation and employer's liability policy. The court also declined to review plaintiffs' unpreserved claims regarding Insurance Law § 3420 (b) (2) as judgment creditors. Furthermore, the court held that the summary relief granted to Granite State became res judicata, preventing subsequent amendment attempts, and that the judgment creditor claims could have been raised in earlier litigation.

Appellate ReviewInsurance LawIndemnificationDuty to DefendPersonal Injury ActionRes JudicataAmended PleadingsWorkers' Compensation PolicyEmployer's Liability PolicyJudgment Creditor Claims
References
4
Case No. MISSING
Regular Panel Decision

Kevin F. v. Erickson (In re Kevin F.)

This case addresses whether liens held by creditor Eugene Erickson against debtors Kevin and Sue Higgins are avoidable under bankruptcy law. The Higginses, who borrowed $150,000 and $50,000 from Erickson secured by a mortgage and confession of judgment on their home, defaulted on their notes. They sought to avoid Erickson's liens as preferences and to protect their homestead exemption, also claiming usury on one note. Erickson attempted to challenge the dischargeability of his claim. The court determined that the Higginses lacked standing to avoid transfers as preferences but could avoid the Confession of Judgment lien under § 522(f)(1)(A) as it impaired their homestead exemption. Furthermore, the court found the usury defense waived by the Higginses' signing of the Confession of Judgment and deemed Erickson's challenge to dischargeability time-barred.

BankruptcyHomestead ExemptionJudicial LienPreference AvoidanceUsury DefenseDischargeabilityConfession of JudgmentPromissory NoteMortgageLien Impairment
References
48
Case No. MISSING
Regular Panel Decision

Hannah v. American Republic Insurance

Phil Hannah filed an action against American Republic Insurance Company (ARIC), alleging interference with his ERISA rights under 29 U.S.C. § 1140 due to employment termination, and wrongful denial of benefits under 29 U.S.C. § 1132. Hannah’s employment with Americare, an ARIC subsidiary, was terminated in August 2004, after which he signed a Separation Agreement and Release. The Court granted ARIC’s motion for summary judgment on the ERISA § 510 claim, finding the Release valid and rejecting Hannah’s argument of economic duress. For the ERISA § 502 claim, the Court also ruled in favor of ARIC, determining that Hannah failed to exhaust administrative remedies as required by the Plan, and found his futility and waiver arguments to be without merit. Consequently, the Court granted ARIC’s motion for entry of judgment on the benefits claim, denied Hannah’s motion for summary judgment, and dismissed the entire case with judgment entered in favor of the Defendant.

ERISASummary JudgmentEmployee Benefits PlanWrongful TerminationAdministrative RemediesEconomic DuressRelease AgreementWaiver of ClaimsFutility DoctrineDeferred Compensation
References
12
Case No. No. 53
Regular Panel Decision
Jun 25, 2019

Pangea Capital Management, LLC v. John R. Lakian

The New York Court of Appeals addressed a certified question from the Second Circuit concerning the priority of a spouse's interest in real property after a divorce judgment. Pangea Capital Management, LLC, a judgment creditor of John Lakian, sought to attach property, arguing its docketed judgment had priority over Andrea Lakian's undocketed divorce judgment, which awarded her a share of the property. The Court clarified that an equitable distribution of marital property upon divorce does not transform the spouse into a judgment creditor of the other. Consequently, CPLR 5203 (a), which governs priority among judgment creditors, was deemed inapplicable, thus affirming that Andrea's vested interest was not subordinate to Pangea's attachment.

Equitable distributionMarital propertyDivorce judgmentJudgment creditorCPLR 5203DocketingReal propertyAttachmentCertified questionSecond Circuit
References
23
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