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Judge says long-running case an example of runaway litigation 5:16 am, May 17, 2021 ×
North Dakota Attorney General Wayne Stenehjem. Forum News Service file photo
FARGO In a recent ruling, a federal bankruptcy judge said an agreement between a Las Vegas gambler and the Office of North Dakota Attorney General Wayne Stenehjem seems to violate state law.
The ruling by Judge Thad Collins also called a nearly two-decades-long case in North Dakota an example of a runaway process that must stop.
Collins, chief bankruptcy judge for the Northern District of Iowa, issued his ruling on April 23 as part of a civil case that harks back to 2004, when Racing Services Inc. (RSI), an off-track horse race wagering company in Fargo, filed for bankruptcy.
Judge questions legality of deal between Las Vegas gambler, North Dakota Attorney General s Office thedickinsonpress.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from thedickinsonpress.com Daily Mail and Mail on Sunday newspapers.
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Debtors who ignore instructions from the Bankruptcy Court do so at their own peril, as a recent case from the First Circuit Court of Appeals illustrates. In
In re Francis, the First Circuit reminds debtors and practitioners that “the road to a bankruptcy discharge is a two-way street, and a debtor must comply (or at least make good-faith efforts to comply) with lawful orders of the bankruptcy court.”
[1] Otherwise, debtors risk dismissal of their petition and denial of a discharge.
The debtor filed a Chapter 13 bankruptcy petition and shortly thereafter was informed that his case was subject to dismissal because his liabilities exceeded the then-current secured debt limit. The debtor moved to convert his case to Chapter 11, which the bankruptcy court granted. The debtor then failed to comply with a court order obligating him to file certain documents. As a result, the Trustee moved to convert the case t
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Consol Can t Appeal Retirees Bankruptcy Deal, 6th Circ. Says
Law360 (February 1, 2021, 10:46 PM EST) The Sixth Circuit ruled Monday that Consol Energy doesn t have standing to appeal a bankruptcy settlement between the defunct Murray Energy Holdings Co. and retirees who may seek to hold Consol liable for paying their health and employment benefits under the Coal Act.
In a 14-page published opinion written by Bankruptcy Appellate Panel Judge Tracey N. Wise, a unanimous three-judge panel held that the Canonsburg, Pennsylvania-based Consol Energy Inc. failed to meet the person aggrieved standard to challenge the deal because any Coal Act liability will be the result of future litigation rather than the current settlement.