Caruso v. Clemmens

Caruso v. Clemmens

Plaintiff:	Fred C. Caruso
Defendant:	Nelson E. Clemmens
Case Number:	5:2017cv00326
Filed:	August 4, 2017
Court:	US District Court for the Eastern District of Kentucky
Office:	Lexington Office
County:	Fayette
Presiding Judge:	Karen K. Caldwell
Nature of Suit:	Withdrawal
Cause of Action:	28 U.S.C. § 0157
Jury Demanded By:	None

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Date Filed	Document Text
November 5, 2018	Filing 17 MEMORANDUM OPINION & ORDER: The Court ORDERS AS FOLLOWS: 1. Clemmens' first motion for summary judgment 1 is GRANTED. 2. Clemmens' second motion for summary judgment 2 is DENIED. 3. Caruso's motion for partial summary judg ment 3 is GRANTED. 4. Clemmens' objections 16 are OVERRULED. 5. Caruso is AWARDED $20,000.00 for the Horse Transfers and $10,000.00 for the Trustee Transfers, for a total of $30,000.00, which may be collected from Clemme ns. Carusos claim for the recovery of the Stone Spire Transfers are dismissed. Questions remain, however, as to whether the Finders Fee Transfers were in exchange for reasonably equivalent value. 11 U.S.C. §§ 544; Del. Code. Ann. 6 § 1305. This matter shall proceed to trial in order to resolve these remaining questions of fact. Signed by Judge Karen K. Caldwell on 11/5/2018.(GLD)cc: COR

Date Filed

Document Text

November 5, 2018

Filing 17 MEMORANDUM OPINION & ORDER: The Court ORDERS AS FOLLOWS: 1. Clemmens' first motion for summary judgment 1 is GRANTED. 2. Clemmens' second motion for summary judgment 2 is DENIED. 3. Caruso's motion for partial summary judg ment 3 is GRANTED. 4. Clemmens' objections 16 are OVERRULED. 5. Caruso is AWARDED $20,000.00 for the Horse Transfers and $10,000.00 for the Trustee Transfers, for a total of $30,000.00, which may be collected from Clemme ns. Carusos claim for the recovery of the Stone Spire Transfers are dismissed. Questions remain, however, as to whether the Finders Fee Transfers were in exchange for reasonably equivalent value. 11 U.S.C. §§ 544; Del. Code. Ann. 6 § 1305. This matter shall proceed to trial in order to resolve these remaining questions of fact. Signed by Judge Karen K. Caldwell on 11/5/2018.(GLD)cc: COR

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Plaintiff: Fred C. Caruso
Represented By:	James R. Irving
Represented By:	Young-Eun Park
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Defendant: Nelson E. Clemmens
Represented By:	Casey Leigh Hinkle
Represented By:	James Edwin McGhee
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