Utah and National Bankruptcy Resources

RSS Latest Bankruptcy Cases

  • In Re Rick H. Reynolds August 15, 2017
    (United States Ninth Circuit) - Reversing the decision of the Bankruptcy Appellate Panel following the California Supreme Court's opinion answering a certified question regarding whether the creditors of the beneficiary of a spendthrift trust may reach the trust distributions and holding that the bankruptcy estate is entitled to the full amount of distributions due to […]
  • In Re Pedro Lopez Munoz August 9, 2017
    (United States First Circuit) - Affirming the bankruptcy court's decision denying a creditor's motion to appoint a trustee for the bankruptcy estate to replace the debtor in possession of the estate because the petitioner for trusteeship failed to bear the burden of establishing the appointment's necessity, given the facts of the case.
  • In Re AE Liquidation, Inc. August 4, 2017
    (United States Third Circuit) - Affirming the judgments of the District and Bankruptcy court that an employer unaware of the likelihood of the closure of a business and the associated layoffs was not liable for failing to give its employees requisite notice under the Worker Adjustment and Retraining Notification Act.
  • In Re Mainline Equipment, Inc. July 31, 2017
    (United States Ninth Circuit) - Affirming a Bankruptcy Appellate Panel affirmation of the bankruptcy court's summary judgment for the debtor in a proceeding to seek the avoidance of tax liens on the debtor's personal property because the county failed to perfect the lien as against a bona fide purchaser.
  • Crossroads Investors, L.P. v. Federal National Mortgage Association July 26, 2017
    (California Court of Appeal) - Reversing the trial court's denial of an anti-SLAPP motion filed by the defendant, Fannie Mae, in an action brought against them for wrongful foreclosure, breach of contract, fraud, and other torts because the complaint arose form their exercise of their rights to free speech and petition.
  • In Re SemCrude L.P. July 19, 2017
    (United States Third Circuit) - Affirming a summary judgment for downstream purchasers of oil in a Chapter 11 case where the downstream purchasers took measures to protect themselves against the company's insolvency while oil producers failed to do so, holding that the precautions taken by the downstream purchasers did not entitle the oil producers to […]
  • Vargas-Colon v. Fundacion Damas, Inc. July 19, 2017
    (United States First Circuit) - Affirming district court judgments for the defendants in a procedurally and factually complicated claim involving the bankruptcy of a hospital liable to the plaintiff and other parties for settlements of medical malpractice claims because claims presented by the disabled child's brothers lacked allegations that could support their claims and the […]
  • Pinnacle Restaurant at Big Sky v. CH SP Acquisitions July 13, 2017
    (United States Ninth Circuit) - Affirming the district court's judgment affirming the bankruptcy court's decision that a bankruptcy trustee's sale of a debtor's property was free and clear of unexpired leases.
  • In Re World Imports July 10, 2017
    (United States Third Circuit) - Reversing and remanding a Bankruptcy Court decision stating that constructive possession occurred when goods were shipped, finding that the creditor's ability to recover as a priority administrative expense the value of goods received by the debtor within 20 days before the filing of a bankruptcy petition is limited to items […]
  • Partida v. US Dept. of Justice July 7, 2017
    (United States Ninth Circuit) - Affirming the Bankruptcy Appellate Panel's determination that the Bankruptcy Code's automatic stay provision does not prevent the government from collecting criminal restitution under the Mandatory Victims Restitution Act.
  • Weil v. Elliott June 14, 2017
    (United States Ninth Circuit) - In a Chapter 7 bankruptcy trustee's adversary proceeding seeking revocation under 11 U.S.C. section 727(d) of a debtor's discharge on the ground that the discharge was obtained by fraud, the bankruptcy court's judgment grant of summary judgment to the trustee, revoking the discharge and dismissing the action is reversed where […]
  • Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC June 12, 2017
    (United States Fourth Circuit) - In a bank-creditor's appeal of a bankruptcy court's order cancelling its deed of trust covering a piece of real property, two years after the court order and several months after the property was sold in foreclosure to a bona fide purchaser for value, the district court's denial of the creditor's […]
  • In Re: Ross June 6, 2017
    (United States Third Circuit) - In an appeal by Chapter 13 debtor appealing a broad filing injunction issued against him by the Bankruptcy Court after he and his wife used the bankruptcy process to stave off the sheriff's sale of their home, the filing injunction is affirmed where a bankruptcy court has the authority to […]
  • Quincy Medical Center v. Gupta June 2, 2017
    (United States First Circuit) - In a Chapter 11 bankruptcy case involving a hospital debtor, the district court's ruling that the bankruptcy court lacked subject matter jurisdiction over former-executive-plaintiffs' post-confirmation claims for severance payments against the purchaser of debtors' assets is affirmed where the bankruptcy court had no jurisdiction.
  • In re: Klaas June 1, 2017
    (United States Third Circuit) - In a Chapter 13 bankruptcy case presenting two questions of first impression, the district court's decision affirming the bankruptcy court's judgment is affirmed where: 1) bankruptcy courts do have discretion to grant a brief grace period and discharge debtors who cure an arrearage in their payment plan shortly after the […]

 

Older News

Utah County Bankruptcy — Utah’s Lehi Roller Mills files Chapter 11 bankruptcy

Salt Lake Tribune, Dawn House and Steven Oberbeck (12/11/12)
Financially troubled Lehi Roller Mills has filed for Chapter 11 bankruptcy protection — allowing the company to remain in business while it attempts to put together a reorganization plan to satisfy its creditors. The 107-year-old mill filed for ...

Utah Bankruptcy — Twinkies maker Hostess ready for its big bake sale

Associated Press, Candice Choi (11/29/12)
Hostess Brands Inc. got final approval for its wind-down plans in bankruptcy court Thursday, setting the stage for its iconic snack cakes to find a second life with new owners - even as 18,000 jobs will be wiped out...

Utah Bankruptcy — Ding Dong, Hostess is dead, and wicked union did it

Washington Examiner (11/17/12)
A Hostess Twinkies sign is shown at the Utah Hostess plant in. FILE - A Hostess Twinkies sign is shown at the Utah Hostess plant in Ogden, Utah, in this Nov. 15, 2012 file photo. Hostess, the maker of Twinkies, Ding ...

Utah Bankruptcy — Judge Glen Edward Clark, who presided over Utah bankruptcy court, dies at 70

Salt Lake Tribune, Anne Wilson (10/29/12)
Former Utah bankruptcy court judge Glen Edward Clark, whose decision to pursue a career in the law was spurred by watching the Army-McCarthy hearings on television in the 1950s, died Thursday at his home in Georgia of complications from heart failure...

Utah Bankruptcy — Bankruptcy trustee postpones Gardner auction

Associated Press (10/21/12)
More recently, there was a terrifying plane crash in 2007, when Gardner, a pilot and the pilot's brother plunged into Lake Powell on the Utah-Arizona border. They had to swim for an hour in 44-degree water to reach a distant shore, spending a night ...

Utah Bankruptcy — Bankruptcy rate falling, but Utah still fourth-highest in U.S.

Salt Lake Tribune, Steven Oberbeck (10/16/12)
Despite the decline, Utah's numbers remain comparatively high nationally with the state claiming the fourth-highest filing rate per capita during the first nine months of 2012 — 5.99 petitions for every 1,000 people, the American Bankruptcy Institute...

Utah Bankruptcy — Utah Woman Shocked To Be Receiving Long-Ago Payment From Linda McMahon

Hartford Courant, Christohper Keating (9/21/12)
She enjoys the beauty of Utah and had forgotten about the money she had been... McMahon To Repay Creditors From 1970s Bankruptcy September 21, 2012...

Utah Bankruptcy — Olympic medalist Rulon Gardner's belongings head to Utah auction house after bankruptcy filing

Washington Post (9/19/12)
In another setback for one of the world's most decorated wrestlers, Olympic gold medalist Rulon Gardner has filed for bankruptcy after trying to capitalize on his fame in numerous business and publicity pursuits over the years...

Orem Bankruptcy — Hundreds attend hearing on 50 percent tax increase in Orem

Daily Herald (8/15/12)
Robo calls from the Sutherland Institute and the Utah Taxpayers ... of Orem funds to having fiber-optic network UTOPIA file for bankruptcy.

Utah Bankruptcy — Bankruptcy filings fall 14%, on track for pre-2008 levels

Los Angeles Times, Tiffany Hsu (7/5/12)
In Nevada, 7 in 1000 people filed for bankruptcy. Other states with high bankruptcy rates include Tennessee, Georgia, Utah and Alabama. ALSO: Mammoth Lakes files for bankruptcy over $43-million judgment ...

Provo Bankruptcy — Provo, Utah, the home of Brigham Young University, displaced Raleigh, North Carolina, as the best U.S. city for business.

Reuters, Joseph O'Leary (6/27/12)
The third-largest city in Utah, located about 40 miles (64.3 km) south of Salt Lake City, topped the Forbes.com list thanks to its robust job growth and low crime rate... Forbes.com also included their "Bottom Five" cities, three of which are in California. The fifth-worst city, Stockton, Calif., filed for bankruptcy Tuesday.

Bankruptcy — Why NFL Players Really Go Bankrupt

Bleacher Report, Ty Schalter (5/30/12)
It seems impossible for multimillionaire athletes to go broke. However, Sports Illustrated found that after two years of retirement, 78 percent of NFL players are bankrupt or under financial stress. How can that be possible?

Utah Bankruptcy — Senator Lee forced to sell 'dream home' in short sale

Salt Lake Tribune, Thomas Burr (5/17/12)
The home eventually sold for around $720000, according to Utah County records, after JP Morgan Chase agreed to write off the loss in the value and Lee forfeited his "significant" down payment. "It certainly is something that is painful to go through ...

Bankruptcy — Personal Bankruptcies Dropped During 2011

JD SUPRA, Harold Shepley (5/14/12)
The state with the highest bankruptcy rate was Nevada. After Nevada, the states with the highest bankruptcy rates are Georgia, Utah, Tennessee, and California. On the lowest end of the spectrum, we have Washington DC, Alaska, South Carolina, Vermont, ...

Utah Bankruptcy — Year-round destination resort in Eden up for sale

Deseret News, Keith McCord (4/15/12)
Wolf Creek Utah, a 3,000-acre resort, is in bankruptcy and will be sold. The year-round destination resort includes a ski resort, golf course, club house, and about 900 undeveloped lots. In Eden, Wednesday May 9, 2012.

Utah Bankruptcy — Utah bankruptcy filings fall 11 percent

Salt Lake Tribune, Steven Oberbeck (4/18/12)
Utah still has high rate of people declaring insolvency. The number of Utahns who filed for bankruptcy fell 11 percent in the first quarter of 2012 from the ...

Utah Bankruptcy — Utah students caught in web of college costs, few jobs

Salt Lake Tribune, Paul Beebe (4/15/12)
Bankruptcy cases involving student loans have climbed as people enrolling in for-profit schools are increasingly unable to repay the borrowed funds.

Provo Bankruptcy — Appeals court decision lets payday borrowers argue case

Daily Herald, Jim Dalrymple (3/27/12)
The exceptionally complex court decision sends the case back to Provo's Fourth District Court... two of his clients, including Feria Access, have since declared bankruptcy, so the appeals court dismissed the borrowers' case ...

Utah Bankruptcy — Republican learns a thing or two from a Democrat

Salt Lake Tribune, Paul Rolly (3/4/12)
Stephen Sandstrom, R-Orem, introduced a bill to tackle a troublesome trend: ... credit card bills while they were separated and then filed for bankruptcy... bill specifies that the debts apply to both spouses.

Utah Bankruptcy — Micron buys Intel stake in flash joint venture for $600 million

Reuters UK (3/3/12)
Top DRAM maker Elpida Memory (6665.T) filed for bankruptcy on Monday. Analysts expect Micron to buy some of Elpida's NAND factories... The stock gained 7 percent on Monday after Elpida's bankruptcy filing.

Utah Bankruptcy — BLACKMORE v. L&D DEVELOPMENT, INC.

Leagle.com (2/17/12)
We agree with the Utah Bankruptcy Court's explanation in In re McNeely, 51 BR 816 (Bankr. D. Utah 1985), that a writ of attachment is a "provisional remedy" that aims only to protect the property until final disposition of the case. See id. at 818

Utah Bankruptcy — Utah couple faces multiple counts of fraud

Associated Press (2/16/12)
Federal prosecutors also accuse the couple - now living in Utah - of wire fraud and bankruptcy fraud. The charges stem from an investigation into Crestwood Construction and Crestwood Inc., companies engaged in remodeling and reselling homes in Utah ...

Utah Bankruptcy — Hang Time Construction Files for Chapter 7 Bankruptcy

BUSBK.com (2/8/12)
Hang Time Construction, LLC of Woodland Hills, Utah filed a voluntary petition for Chapter 7 Bankruptcy in Utah Bankruptcy Court on February 8, 2012. Represented by Provo Bankruptcy Attorney Douglas L. Barrett...

Utah Bankruptcy — Utah bankruptcy judge named chief of appellate panel

Salt Lake Tribune (12/10/11)
Utah Bankruptcy Judge William T. Thurman has been named chief judge of the 10th Circuit Bankruptcy Appellate Panel.Thurman also serves as the chief judge of the U.S. Bankruptcy Court for Utah, which handled 18,414 cases in 2011...

Utah Bankruptcy — Once-bankrupt business makes good on donations to schools

StandardNet, Jesus Lopez Jr. (12/7/11)
Business students at Utah State University and the University of Utah will have more help when they look for careers or seek money for college. FJ Management, formerly known as Flying J, is donating a total of $3.5 million... The company emerged from bankruptcy in 2010, and Maggelet said the donations are a way the company has fulfilled its prior commitments...

Utah Bankruptcy — Utah bankruptcy filings up 2%, but pace slows

Salt Lake Tribune, Steven Oberbeck (1/11/12)
The number of Utahns who filed for bankruptcy rose 2 percent in 2011 to the highest level in six years, although the pace of filings declined sharply during the final half of the year. US Bankruptcy Court for Utah Clerk David Sime ...

Utah Bankruptcy — Sen. Orrin Hatch's Own Geothermal Solyndra Scandal

The New American, William F. Jasper (1/10/12)
A little over a year later Raser would be filing for bankruptcy. A Bloomberg article for May 4, 2011 states: Raser Technologies Inc. (RZTI), the owner of a six-megawatt geothermal electric generating plan in Utah, filed a Chapter 11 petition on April ...

Utah Bankruptcy — WaMu, Statistics, Coach America, Transwest, SP: Bankruptcy

Business Week, Bloomberg (1/4/2012)
Last year, filings declined in every state except Utah, where bankruptcies increased only 1 percent. Per capita, the most filings last year were in Nevada, even though that state's bankruptcies declined 19 percent from the year before ...

Utah Bankruptcy — Power Balance Bankruptcy Causes Competitors to Speak Up

Sacrament Bee, Stander, Inc (12/28/11)
Industry leader Power Balance recently announced their filing for bankruptcy after year-end reports show the company has suffered a new loss of more than $9 million in the last year ...

Provo Bankruptcy — Provo paper's parent files for bankruptcy

Salt Lake Tribune, Staff Writer (12/12/11)
Lee Enterprises Inc., the publisher of The Daily Herald in Provo, ... filed for Chapter 11 bankruptcy protection Monday as part of a previously announced refinancing plan. Lee made a prepackaged filing in U.S. Bankruptcy Court ...

Utah Bankruptcy — Trustee asks Supreme Court to resolve payment-plan dispute

Westlaw Journals, Press Release (12/5/11)
resolve a dispute among federal courts over whether bankruptcy laws require a minimum duration for plans under Chapter 13 ... decisions from the 9th Circuit, the 8th Circuit Bankruptcy Appellate Panel, and bankruptcy judges in Idaho, Pennsylvania, New York and Utah support the Bauds' position, the petition says. A third group of courts has held that Section 1325 requires ...

Utah Bankruptcy — Utah Symphony musicians agree to salary cuts

Salt Lake Tribune, Press Release (12/3/11)
Utah Symphony orchestra musicians have agreed to $1.1 million in salary cuts ... Orchestras and opera companies across the nation have confronted major financial struggles in recent years because of the economy, with many facing musician strikes or being forced to file Chapter 7 and Chapter 11 bankruptcy. ...

Utah Bankruptcy — Utah's Mrs. Fields seeking refinancing deal

Salt Lake Tribune, Press Release (11/29/11)
Earlier this month, Bloomberg News reported that Mrs. Fields was poised to swap its debt for equity to avoid bankruptcy. However, the report said the company could file a prepackaged bankruptcy if the swap wasn't approved by next month ...

Bankruptcy — Bankruptcy: Failure or a New Beginning?

WCTV, Lee Gordon (11/21/2011)
So what does the profile of someone filing bankruptcy look like? ... Half of those who file for bankruptcy have experienced a serious health issue and the highest bankruptcy states are Tennessee, Utah, Georgia, and Alabama ...

Utah Bankruptcy — Panel endorses cuts to jobless premiums

Salt Lake Tribune, Tony Semerad (11/16/201)
Only a year ago state managers were warning the fund was headed to bankruptcy under the pressure of record jobless claims ... "We feel much more solid about it now" Utah Unemployment Insurance Director Bill Starks said Wednesday of the trust fund ...

Utah Bankruptcy — Bankruptcies Fall 8% in Fiscal 2011

Bloomberg, Dawn McCarty (11/08/2011)
U.S. bankruptcies fell 8 percent in the year through September ... The decline in consumer bankruptcies is the residue of a sustained debt deleveraging by U.S. households, ... Utah, with an increase of 6.5 percent, had the highest percentage gain in total filings ... gathers and interprets data on bankruptcy filings ...

Bankruptcy — MF Global demise may show US willing to let bigger firms fail

Bloomberg, Dakin Campbell (11/06/2011)
... As MF Global Holdings careened toward bankruptcy, US lawmakers ... Orrin Hatch of Utah and Richard Lugar of Indiana, both Republicans up for ...

Utah Bankruptcy — Arrow estate, lender forge agreement

Tulsa World, DR Stewart (11/01/2011)
A Utah bank would pay $850,000 while both parties would dismiss all claims against each other ... bankruptcy trustee and a Utah bank have reached a proposed settlement ... must be approved by U.S. Bankruptcy Judge ...

Utah Bankruptcy — CS Mining Exits Bankruptcy with New Operational Team and Strategy, Announces Acquisition of Assets of Western Utah Copper Company

PRWeb, Press Release (11/01/2011)
... completed through an asset purchase agreement approved by the US Bankruptcy Court in August of 2011. Empire and Clarity are the co-lead investors and worked for more than two years to complete the acquisition ...

Bankruptcy — Obama administration orders energy loan review as Solyndra probe widens

Alaska Dispatch, Brad Knickerbocker (10/29/2011)
Orrin Hatch (R) of Utah, who has criticized the Obama administration's backing of Energy Department loan guarantees to Solyndra, pushed for more than $20 million in government funding for a clean energy firm in his home state ...

Utah Bankruptcy — Hatch requested federal funds for now-bankrupt Utah firm

Salt Lake Tribune, Thomas Burr (10/28/2011)
... a Provo-based company that was developing geothermal power as well as technology to convert ... The company filed for Chapter 11 bankruptcy in May ...

Bankruptcy — GOP's Hatch urged $20M in earmarks for bankrupt clean energy firm

USA Today, Ammer Madhani (10/28/2011)
... critic of the Obama administration's backing of a Department of Energy loan guarantee to solar manufacturer Solyndra, pushed for more than $20 million in government funding for a bankrupt clean energy firm in his home state of Utah ...

Bankruptcy — Interior Department Announces 'Solar Energy Zones'

International Business Times, Ashley Portero (10/28/2011)
... solar energy projects on public lands, part of the administration's push for solar power despite the recent bankruptcy of the federally-funded solar panel maker, Solyndra. About 285000 acres of desert land across Utah ...

Utah Bankruptcy — Utah Bankruptcy Rates Buck National Trends

Declare BK (10/25/2011)
... In a KSL report, Utah bankruptcy filings will be up about 7.9 percent for 2011 if the current rate of bankruptcy filings continues through the rest of 2011 ...

Bankruptcy — CIT Swings to Loss on Steep Debt Prepayment Costs

Market Watch, By Andrew R. Johnson (10/25/2011)
... third-quarter loss as the corporate lender continued to face steep costs related to its prepayment of high-cost debt ... emerged from bankruptcy protection nearly two years ago ... working to pay down and refinance debt at more favorable terms ... CIT filed for Chapter 11 bankruptcy ...

Utah Bankruptcy — How to Secure Your Home During a Foreclosure

KSL, By Andrew Johnson (10/24/2011)
... Take a look at a few statistics regarding bankruptcies and foreclosures: According to the United States Bankruptcy Court, bankruptcy filings in Utah have increased 7 percent so far this year, even though the national rate has fallen 10 percent ...

Provo Bankruptcy — Pratt & Whitney: Utah's Raser Caused Own Downfall

Salt Lake Tribune, By Steven Oberbeck (10/24/2011)
... The company filed for bankruptcy under Chapter 11 provisions of the U.S. Bankruptcy Code earlier this year ... In September, after emerging from the protection of the bankruptcy court, the Provo-based Raser filed a lawsuit in the U.S. District Court in Delaware against the maker of the "PureCycle" ...

Orem Bankruptcy — Fraud Contributed to Midtown Village Failure, Lawsuit Alleges

Daily Herald, By Jim Dalrymple (10/23/2011)
... the lawsuit argues that money intended for the construction of Midtown Village was improperly given to the wrong people and for the wrong reasons ... not named as a defendant in the lawsuit because he has since filed for bankruptcy ...

Utah Bankruptcy — Utah Bankruptcy Rate Up 7%

JD Supra Press Release, By Tampa Bay Bankruptcy Center (10/20/2011)
... Utah has seen an increase in bankruptcy filings the first nine months of this year ... in Utah, the number has increased by 7% ... the bankruptcy court revealed that in Utah, the state's 7% increase continues ... According to US Bankruptcy Court in Utah 14,552 Utahans filed for bankruptcy protection ...

Utah Bankruptcy — Utah Bankruptcy Filings Buck The National Trend

Salt Lake Tribune, By Steven Oberbeck (10/17/2011)
Bucking the national trend, Utah bankruptcy filings rose in the first nine months of 2011 as the state continued to be the victim of its own comparative economic success. Nationally, the number of consumers filing for bankruptcy ...

Provo Bankruptcy — General Growth Sells Non-Core Assets

Daily Markets, By Zacks Investment Research (10/17/2011)
... Riverside Plaza, a retail strip center in Provo, Utah, for $21 million ... voluntarily sought relief under Chapter 11 of the U.S. Bankruptcy Code ... the company continued all its day-to-day operations ... to emerge from bankruptcy as quickly as possible ... emerged from bankruptcy in November 2010 ...

Provo Bankruptcy — Provo Student-Housing Project Files Chapter 11 Bankruptcy

Daily Herald, By Grace Leong (10/15/2011)
... student housing project in northeast Provo ... dispute over financing for the construction of Joaquin Village resulted in its developer filing for Chapter 11 bankruptcy protection last month to block a partner from foreclosing ... hoping that the bankruptcy reorganization will allow the project to be made viable ...

Utah Bankruptcy — Consumer Debt Looms as an Unresolved Crisis for Utah Businesses, Families

Examiner, By Michael Fife (1/6/2010)
... Uintah, Washington, and Wasatch counties led the increase in mortgage delinquencies, while Uintah, Kane and Grand led the way in consumer credit card delinquency ... Utah ranked fourth in the U.S. in the increase of bankruptcy filings per capita, with over 12,000 Chapter 7 and 13 filings ... Utah's household economic fortunes turnaround with a rebound in employment and the ability to service these historically high debt ...

Provo Bankruptcy — Douglas L. Barrett Named To Utah "Legal Elite"

Legal Elite, Press Release (1/1/2010)
Douglas L. Barrett of Orem has been named for the fifth consecutive year as one of the top bankruptcy lawyers in Utah in a recent poll conducted by Utah Business, a state-wide publication ... the very best in their respective areas of practice ... Barrett was selected for his expertise in bankruptcy law ...

 

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