BK Racing, LLC filed for Chapter 11 bankruptcy in 2018. Matthew W. Smith, appointed as trustee and later sole manager of the reorganized debtor, initiated adversary proceedings to recover allegedly fraudulent transfers and address related claims.
The complaint included claims such as fraudulent transfers, civil conspiracy, conversion, stay violations, and turnover of property.
The District Court addressed motions to certify a class action and to extend deadlines in a lawsuit alleging improper debt collection practices under federal and state law granting, in part, class certification for two classes under Rule 23(a) and (b)(3), but denying certification for a third class.
Brenda Hughes asserted that MTGLQ and U.S. Bank violated the discharge injunction under 11 U.S.C. § 524(a) and sought a determination that a state court judgment reforming a deed of trust was void.
The Fourth Circuit Court of Appeals affirmed the district court’s dismissal of Mark and Natasha Wesker’s claims against Bank of America. The Weskers alleged the bank mishandled their application for a modification of their home equity line of credit, leading to financial harm and damage to their credit score.
The Weskers asserted the following claims against Bank of America:
