After allegedly falling $314 behind on her homeowners association dues, the HOA retained EquityExperts.org to "aggressively" collect and it eventually ran up costs by an additional $6,035, threatening sale of the property.
The Liquidating Trustee sought judgment on his claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair or deceptive acts or practices against Moses H. Cone Memorial Hospital Operating Corporation ("Cone Health), with both parties seeking summary judgment.
National Judgment Recovery ("NJR") brought an action to determine that the $93,159.71 fraudulent conveyance judgment against Tyndall, as a "net winner" in the ZeekRewards pyramid scheme case, was nondischargeable under 11 U.S.C. § 523(a)(2)(A) as actual fraud.
The bankruptcy court denied a motion to dismiss two chapter 11 cases, which had employed the infamous 'Texas Two Step" to address (avoid? skirt?) liability for asbestos mass torts claims, holding that :
Title 11 of the United States Code (the “Bankruptcy Code”) provides a fresh start to the “honest but unfortunate debtor.” Chapter 7 therefore permits a debtor to “discharge their outstanding debts in exchange for liquidating their nonexempt assets and distributing them to their creditors.” Dismissals in chapter 7 are governed by section 707 of the Bankruptcy Code. Section 707(a) governs all chapters of bankruptcy filings and applies when adequate “cause” is shown.
