Garnishment Law
 
United States v. Joyce Ashcraft

Joyce Ashcraft appeals the district court's order denying her objection to the garnishment of her disability payments. The district court ruled Ashcraft's disability payments were not "earnings" within the meaning of the Consumer Credit Protection Act (the "Act"), 15 U.S.C. § 1673(a), which limits garnishment of "earnings." We reverse and hold Ashcraft's disability payments are "earnings" within ... More...   $0 (10-09-2013 - IA)

Robert Simon v. FIA Card Services, N.A.

This appeal arises out of the intersection of the Bankruptcy Code and the Fair Debt Collection Practices Act. The issue is whether a debt collector’s letter and notice requesting an examination under Federal Rule of Bankruptcy Procedure 2004 and offering to settle a debt, sent in a pending bankruptcy in contemplation of an adversary proceeding to challenge dischargeability, can be the basis for ... More...   $0 (10-07-2013 - NJ)

IAFF Local 176 v. Public Employees Relations Board and the City of Tulsa

IAFF Local 176 sued the Public Employees Relations Board and the City of Tulsa claiming:

1. International Association of Fire Fighters, Local 176, is the certified bargaining representative of certain firefighters of the City of Tulsa, Oklahoma, a Defendant/Appellee herein, which is a municipal corporation. Plaintiff filed a ULP against Defendant City of Tulsa under the FPAA, 11 0.5. § 5... More...
   $0 (07-12-2013 - OK)

Leroy Johnson v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Leroy Johnson, the administrator of the Shirley T. Sherrod MD PC Target Benefit Pension Plan and Trust (hereinafter "the Plaintiff"), brings this suit against the Plaintiff's custodian, Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter Merrill Lynch).

2 No. 12-3869

Despite the fact that he is the Plaintiff's administrator and sole fiduciary, Johnson alleges that Merrill Ly... More...
   $0 (05-20-2013 - IL)

In the Matter of the Marriage of James R. Herald vn Dixie L. Steadman

Husband appeals from a judgment of dissolution
of marriage, arguing that the court erred in dividing
the parties’ retirement benefits, and, specifically, in its
treatment of wife’s federal Civil Service Retirement System
(CSRS) benefits. In particular, husband asserts that the
trial court’s apportionment methodology (described in
detail below) violated 42 USC section ... More...
   $0 (04-24-2013 - OR)

Jennifer Smith v. Solomon & Solomon, P.C.

This case requires us to decide whether the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., controls the choice of venue in a post-judgment enforcement action to recover a debt under Massachusetts trustee process law. We conclude that it does not.

The facts of this case are neither complex nor contested. The plaintiff-appellant is Jennifer Smith, formerly kn... More...
   $0 (04-24-2013 - MA)

Betty Lou Bradshaw v. Peter G. Bennis

This is an appeal from the trial court’s judgment releasing interpleaded funds to Peter G. Bennis and Cleburne Bible Church (CBC). We affirm.

Background

A detailed description of the history of the underlying trial court case preceding this interpleader action may be found in Bradshaw v. Steadfast

___________________

1See Tex. R. App. P. 47.4.

2

Financia... More...
   $0 (04-18-2013 - TX)

LCS Corrections Services d/b/a Coastal Bend Detention Center v. Kimberly Chavera

This is a restricted appeal challenging a default judgment taken by Kimberly Chavera, appellee, against her former employer, appellant LCS Corrections Services, Inc. (“LCS”). We affirm.

2

I. BACKGROUND

LCS employed appellee as a corrections officer in a private prison LCS runs in Robstown, Texas. Appellee injured her foot during her employment in December 2010. She took se... More...
   $0 (04-04-2013 - TX)

United States of America v. Max L. Ary

Wichita, KS - The United States of America charged Max L. Ary with:

Count: 1 Citation: 18:1343.F Offense Level: 4
18:1343 Wire Fraud. (Indictment filed 4/6/05
Count: 10 Citation: 18:2314.F Offense Level: 4
18:2314 Unlawfully transport, transmit, transfer of stolen goods, wares and merchandise. (Indictment filed 4/6/05)
Count: 11 Citation: 28:2461C.F ... More...
   $0 (04-01-2013 - KS)

Maria Ramirez v. Oklahoma Health Care Authority

Maria Ramirez sued the Oklahoma Health Care Authority claiming:

1) Maria Rarnirez (“Ramirez”) is now and at all times relevant to this action has been a resident of Tulsa County, Oklahoma.

2) The OHCA is an Oklahoma governmental agency that administers Oklahoma’s Medicaid program throughout the State of Oklahoma including Tulsa County, Oklahoma.

3) The motor vehicl... More...
   $1 (03-22-2013 - OK)

James Whelan v. Trinidad Willis

James Whelan sued Trinidad Willis on an auto negligence theory claiming to have been injured and/or damaged in a car wreck caused by Willis that occurred in Tulsa County, Oklahoma.

Trinidad Willis files this Notice of Automatic Stay.

Santa Fe Auto Insurance Company, which insures Defendant Trinidad Willis has been placed into receivership by the State of Texas. This action automa... More...
   $0 (03-19-2013 - OK)

Betty Lou Bradshaw v. R.J. Sikes

In three issues in this interpleader-based appeal, Appellant Betty Lou Bradshaw appeals the trial court’s orders granting summary judgment for, and distributing the interpleaded proceeds to, Appellees R.J. Sikes, Roger Sikes, Kathy Sikes, Greg Louvier, Pam Louvier, Christy Rome, Dacota Investment Holdings, L.L.P. a/k/a Dacota Investment Holdings, L.P., Colorado State Bank & Trust as custodian of... More...   $0 (03-14-2013 - TX)

Jay C. Adkins v. John A. Alberts

Jay C. Adkins sued John A. Alberts on a legal negligence (legal malpractice) theory:

1. Adkins is a citizen of the State of Oklahoma and a resident of Oklahoma County.

2. Defendant, John A. Alberts ("Alberts") is an attorney licensed to practice in Oklahoma. He maintains an office in Oklahoma City, Oklahoma.

3. Defendant, Jennifer Wadley ("Wadley") is an attorney licensed to... More...
   $0 (03-06-2013 - OK)

Carbon Capital II v. Estate of James Wallace Tutt, III

In this consolidated appeal, Appellants/Judgment Creditors Hotel 71 Mezz Lender, LLC (“Hotel 71”) and Carbon Capital II (“Carbon Capital”) (together with Hotel 71, “Appellants”) seek review of two final summary judgments entered in favor of the Estate of James Wallace Tutt, III (“Tutt” or “the Estate,” as appropriate).1 Both Hotel 71 and Carbon Capital had garnished Tutt and we... More...   $0 (02-27-2013 - FL)

Mountain States Mutual Casualty Company v. Christopher Roinestad



¶1 Respondents Christopher Roinestad and Gerald Fitz-Gerald were overcome by poisonous hydrogen sulfide gas while cleaning a large grease clog in a sewer near the Hog’s Breath Saloon & Restaurant (“Hog’s Breath”). The district court concluded that Hog’s Breath caused respondents’ injuries by dumpingsubstantial amounts of cooking grease into the sewer, thereby creating a fi... More...
   $0 (02-25-2013 - CO)

Beth Williams v. William Carey Crutcher, II

1 {1} As a result of a settlement, a judgment was entered in favor of Plaintiff and against Defendants in Texas. Plaintiff domesticated the judgment in New Mexico pursuant to the Foreign Judgments Act (the Act), NMSA 1978, Sections 39-4A-1 to -6 (1989, as amended through 1994), and obtained a writ of execution to satisfy the judgment from property owned by one of the defendants. The district court... More...   $0 (02-15-2013 - NM)

Pilgrim's Pride Corporation v. Johnie M. Eakins

Pilgrim’s Pride Corporation and Zurich North American (the employer) appeal the district court’s ruling, which affirmed the commutation decision of the workers’ compensation commissioner. The deputy commissioner granted Johnie Eakins’s request for a partial commutation of his workers’ compensation benefits, awarding him a lump sum amount rather than weekly benefit payments.1 The deputy... More...   $0 (01-24-2013 - IA)

Medical Recovery Services, LLC v. Bonneville Billing and Collections, Inc.

Bonneville Billing and Collections, Inc. (BBC) appeals from the district court’s order, on intermediate appeal, vacating the magistrate’s award of summary judgment in BBC’s favor. For the reasons set forth below, we reverse and reinstate the judgment of the magistrate.

I.

FACTS AND PROCEDURE

BBC is a collection agency which had outstanding accounts for a debtor. Medical ... More...
   $0 (01-18-2013 - ID)

Shelli Flores v. Richard Tholstrup

Appellant, Shelli Flores (“Flores”), appeals a summary judgment granted in favor of appellee, Richard Tholstrup (“Tholstrup”). We reverse and remand.

BACKGROUND

By this suit, Flores alleges that Tholstrup, an attorney, breached fiduciary duties and committed malpractice in his representation of her in connection with matters involved in a separate lawsuit. The separate la... More...
   $0 (01-18-2013 - TX)

Tom Jones Enterprises, Ltd. v. County of Los Angeles

Plaintiffs and appellants Tom Jones Enterprises, Ltd., a United Kingdom Corporation, and Thomas Woodward, a professional known as Tom Jones,1 appeal from a judgment in favor of defendant and respondent County of Los Angeles (defendant), following the trial court‟s granting of defendant‟s demurrer to the first amended complaint (FAC) without leave to amend and dismissal of the action. Plaintiff... More...   $0 (01-17-2013 - CA)

David L. Gladwell v. Douglas James Reinhart

¶1 This case presents a certified question of law from the Tenth Circuit Court of Appeals. Dr. Douglas Reinhart claimed an exemption in bankruptcy for 75 percent of wages that he earned prior to filing his bankruptcy petition but that were either paid to or still owing to Dr. Reinhart after the date of the petition. Dr. Reinhart based his claim on section 1673 of the federal Consumer Credit Prote... More...   $0 (12-04-2012 - UT)

In Re: Berry L. Michael

This appeal raises a question of first impression involving the interpretation of Chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., in the common circumstance of a debtor converting his or her case from a Chapter 13 adjustment of debts under a reorganization plan to a Chapter 7 liquidation of assets and distribution to creditors.1 If at the time of conversion the Chapter 13 trustee is... More...   $0 (10-26-2012 - PA)

Randall Scott Waldman v. Ronald B. Stone

Ron Stone, a Chapter 11 debtor-in-possession, brought this adversarial proceeding in bankruptcy court against his principal creditor, Randall Waldman. After a trial, the bankruptcy court found that Waldman had obtained nearly all of Stone’s business assets by means of fraud. As relief, the court discharged the debts that Stone owed to Waldman, and awarded Stone more than $3 million in compensato... More...   $0 (10-26-2012 - KY)

In re: Fred Fausett Cranmer

Fred Fausett Cranmer filed a Chapter 13 repayment plan, which excluded Social Security income (“SSI”) from the projected disposable income calculation.

The bankruptcy trustee objected on that basis. The bankruptcy court denied confirmation of the plan, concluding, inter alia, SSI must be included in the projected disposable income calculation and Cranmer’s failure to do so meant he di... More...
   $0 (10-25-2012 - )

State of Oklahoma, ex rel. Oklahoma Bar Association v. Michelle Renee Rowe

¶1 On April 26, 2012, the Oklahoma Bar Association (OBA) filed a formal complaint against Michelle Renee Rowe (Respondent), OBA No. 20106, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2011, Ch. 1, App. 1-A, setting forth eight (8) counts of professional misconduct in violation of Rules 1.1, 1.3, 1.4, 1.5, 1.15, 1.16(d), 3.4(c), 8.1(b) and 8.4(a)and (c) of the ... More...   $0 (10-23-2012 - OK)

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