Category Archives: Brian Schlect

There Is No 7th Amendment Right to a Jury Trial in a Nondischargeability Proceeding

Posted on March 26, 2012 by Wendy Couture

Case: Stanbrough v. Valle, Adv. No. 11-06051-TLM Court: United States Bankruptcy Court, District of Idaho Date Issued: February 6, 2012 Judge: Terry L. Meyers, Chief U.S. Bankruptcy Judge Issue: Does the Seventh Amendment guarantee a litigant the right to a … Continue reading →

Posted in BANKRUPTCY, Brian Schlect, Hon. Terry L. Myers, IDAHO BUSINESS LAW TOPIC, Nondischargeability, OPINION AUTHOR, Right to Jury Trial, SUMMARY AUTHOR | Comments Off

A Bankruptcy Court May Hear and Submit Proposed Findings of Fact and Conclusions of Law to the District Court Regarding a “Core” Matter Even if the Constitution Requires an Article III Judge to Finally Decide It

Posted on February 18, 2012 by Wendy Couture

Case: JustMed, Inc. v. Byce, No. 1:11-CV-00378-BLW Court: United States District Court for the District of Idaho Date Issued: December 14, 2011 Judge: B. Lynn Winmill, Chief Judge, United States District Court Issue: When a Bankruptcy Court is faced with … Continue reading →

Posted in BANKRUPTCY, Brian Schlect, Court's Authority, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, SUMMARY AUTHOR, Withdrawal of Reference | Comments Off

A Bankruptcy Court has Constitutional Authority to Determine the Nondischargeability of a Creditor’s State Law Claim

Posted on February 18, 2012 by Wendy Couture

Case: JustMed, Inc. v. Byce, No. 1:11-CV-00378-BLW Court: United States District Court for the District of Idaho Date Issued: December 14, 2011 Judge: B. Lynn Winmill, Chief Judge, United States District Court Issue: Under Stern v. Marshall, must the District … Continue reading →

Posted in BANKRUPTCY, Brian Schlect, Court's Authority, Hon. B. Lynn Winmill, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, SUMMARY AUTHOR, Withdrawal of Reference | Comments Off

A Bankruptcy Court Has Constitutional Power to Enter Final Judgment on a Fraudulent Conveyance Claim Against a Creditor Who Filed a Proof of Claim

Posted on January 26, 2012 by Wendy Couture

Case: In re Bujak, Bankruptcy Case No. 10-03569-JDP Gugino v. Canyon County, Adversary Proc. No. 11-6038-JDP Court: United States Bankruptcy Court, District of Idaho Date Issued: November 3, 2011 Judge: Jim D. Pappas, United States Bankruptcy Court Issue: Under Stern … Continue reading →

Posted in BANKRUPTCY, Brian Schlect, Court's Authority, Fraudulent Conveyance, Hon. Jim D. Pappas, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, SUMMARY AUTHOR | Comments Off

The “One-Action” Rule of I.C. § 45-1503 Does Not Protect the Guarantor of an Obligation Secured by a Deed of Trust

Posted on September 18, 2011 by Wendy Couture

Case: Mountain West Bank v. Idaho Fence Co., Inc., Case No. CV-2010-10203 Court: Kootenai County District Court Date Issued: May 20, 2011 Judge: John T. Mitchell, District Judge Issue: Under I.C. § 45-1503, may the guarantors of a commercial loan … Continue reading →

Posted in Brian Schlect, Guaranties, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Idaho Trust Deed Act, Non-Judicial Foreclosure, One-Action Rule, OPINION AUTHOR, PROPERTY SECURITY, STATUTES, SUMMARY AUTHOR | Comments Off

An Insurance Policy Entered Into By An Individual Who Has Been Adjudicated to Be Incapacitated Is Void

Posted on June 17, 2011 by Wendy Couture

Case: Rogers v. Household Life Insurance Co., Docket No. 36746 Court: Supreme Court of Idaho Date Issued: March 18, 2011 Justices: Opinion Author: Horton, Justice Concurring in Opinion: Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; W. Jones, Justice Issue: … Continue reading →

Posted in Brian Schlect, CONTRACTS, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, Incapacity, Incapacity, INSURANCE, Term Life Insurance | Comments Off