Richard Brooke Jackson

The case involved Mary Julia Hook's appeal of a bankruptcy court order dismissing her Chapter 11 reorganization case. The district court affirmed the dismissal, finding that Hook had materially defaulted under the Confirmed Plan by failing to pay the allowed secured IRS tax claim and the Colorado Department of Revenue claim within the required 10-12 month periods. The court reasoned that the plan's unambiguous terms bound Hook, requiring either timely payment or release of escrow deeds to the properties upon default, that she had not met those obligations despite opportunities to refinance or sell, and that the IRS's subsequent sale of the properties did not satisfy her separate debt to the Colorado Department of Revenue.

taxesbusiness & regulatoryprocedure

This case involves plaintiffs who allege that defendant Sandy Hutchens masterminded a scheme to defraud U.S. victims by collecting substantial non-refundable loan processing fees for loans that were never made, with other defendants assisting in the scheme; the plaintiffs brought claims under the federal RICO statute as well as for conversion, negligent misrepresentation, constructive trust, and unjust enrichment. The court addressed numerous pending motions, including challenges to personal jurisdiction, requests to abstain or stay the case in favor of parallel proceedings in Canada, a motion to quash service on Doe defendants, and a request for a preliminary injunction freezing assets. The court explained the standards for personal jurisdiction under Colorado's long-arm statute and due process, finding that the alleged intentional tortious conduct aimed at Colorado plaintiffs supported jurisdiction, and after weighing factors such as comity, convenience, and prejudice, it declined to stay or dismiss the action in favor of the Canadian cases. The court granted the motion to quash service on the Doe defendants and deferred a decision on the asset freeze pending an evidentiary hearing.

criminal lawbusiness & regulatoryprocedure