MEMORANDUM OPINION JOSEPH M. SCOTT, JR., Bankruptcy Judge. The issue presented in the Bingham Greenebaum Doll LLP 1 renewed motion for summary judgment (Doc. 73) is whether the defense of a good faith transferee is a complete bar to liability for the causes of action alleged by The Liquidating Trustee of App Fuels Creditor Trust. Background The eight count complaint in this proceeding is based on federal and state law and seeks avoidance and recovery for a number of fraudulent and...
MEMORANDUM OPINION TRACEY N. WISE, Bankruptcy Judge. At issue is whether the Defendant Debtors, Richard and Pamela Williams (collectively the "Williams") and P & J Resources, Inc. ("P & J"), conducted an elaborate scheme to induce Mr. Raymond Fontaine and his friends and family, in their own right or as successors-in-interest to Mr. Fontaine, to invest millions of dollars in non-existent or ultimately worthless gas wells, thereby committing fraud in the inducement, conversion, and breach...
MEMORANDUM OPINION TRACEY N. WISE, Bankruptcy Judge. When the Defendants Ocwen Federal Bank, FSB ("Ocwen") and Bank of America, NA ("BOA") filed a Proof of Claim for a secured mortgage loan in the principal amount of $836.24 and $4,716.94 in outstanding fees and costs, the Plaintiff Debtor responded by filing an adversary proceeding objecting to the claim and asserting multiple counterclaims for violations of state and federal law based on an allegation that the Defendants improperly assessed...
ORDER GRANTING IN PART MOTION TO APPROVE SETTLEMENT AGREEMENT UNDER RULE 9019 AND AUTHORIZING TRANSFER OF ASSETS UNDER 11 U.S.C. 363 JOSEPH M. SCOTT, JR., Bankruptcy Judge. This matter comes before the Court on the Joint Motion to Settle and Compromise and Authorizing Transfer of Assets under 11 U.S.C. 363 (the "Settlement Motion") (Bk. Doc. 225; AP Doc. 32) 1 seeking approval of a settlement agreement ("Settlement Agreement") pursuant to Rule 9019 of the Federal Rules of Bankruptcy...
