This appeal consolidates three adversary proceedings that were tried in the bankruptcy court. Each proceeding involves a discrete set of claims by the debtor, a construction company that has fallen upon hard times, against a government agency, the Puerto Rico Highway and Transportation Authority (th...
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After P filed his petitions in this Court seeking review of R’s collection actions pursuant to I.R.C. sec. 6330(d), he filed a petition in bankruptcy court. The proceedings in this Court were automatically stayed pursuant to 11 U.S.C. sec. 362(a)(8) (2006). In an adversary proceeding pursuant to 1...
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William Schwab appeals from an order of the District Court affirming an order of the Bankruptcy Court granting CGL, LLC’s motion for leave to sue Schwab in the Lancaster County, Pennsylvania, Court of Common Pleas for actions taken in his capacity as trustee of the bankruptcy estate of VistaCare G...
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Federal-Mogul Global and its affiliates filed for Chapter 11 bankruptcy and sought to resolve asbestos-related liability through the creation of a personal-injury trust under 11 U.S.C. § 524(g). As part of its reorganization plan, it sought to transfer rights under insurance liability policies to t...
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This appeal grows out of an adversary proceeding in Myrna Jacobson’s Chapter 7 bankruptcy proceedings. The bankruptcy trustee filed a complaint against Myrna and her husband, Donald Jacobson, claiming that certain money and property belonged to Myrna’s bankruptcy estate. The trustee sought turno...
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This case requires us to apply the doctrine of judicial estoppel in somewhat unusual circumstances. While engaged in a Chapter 7 bankruptcy action, the appellant, Kevin Guay, brought numerous claims against the appellees, government officials and a police officer, seeking damages for an allegedly il...
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Martha W. Lee, the pro se debtor in this case, appeals from a July 14, 2011 bankruptcy court order granting the Appellee’s motion to dismiss the debtor’s chapter 11 case for abuse. Consistent with the Judge’s remarks at the hearing, the order also granted Appellee’s requests for in rem relie...
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The defendant in this adversary proceeding in bankruptcy, David Larsen, attempted to murder his ex-wife, Teri Jendusa-Nicolai. He was convicted of state and federal crimes and sentenced to life in prison. Although his attempt had failed, he had inflicted severe injuries that resulted in her sufferin...
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Nigel Singh petitions for review of a final order of removal based on his conviction, under 18 U.S.C § 152(3), for knowingly making a false statement under penalty of perjury in a bankruptcy proceeding. The Board of Immigration Appeals (BIA) determined that Singh’s conviction was an offense invol...
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