- 7 -
under the heading “RELIEF SOUGHT”, that “Plaintiff seeks only
reinstatement, back pay, and attorneys’ fees.” The order also
states, under the heading “ABANDONED ISSUES”, that “Plaintiff has
abandoned all claims for damages relative to state tort claims,
including a claim for intentional and negligent imposition of
emotional distress, tortious interference with business
relations, and defamation.”
Petitioner and the DOE settled the Banks cases before
judgment and reflected their settlement in a settlement agreement
dated May 30, 1990. The settlement agreement provides in
relevant part that “Plaintiff characterizes this payment of
$464,000.00 as a payment for personal injury damages suffered
after plaintiff’s discharge on July 14, 1986.”
On July 29, 1986, petitioner filed a voluntary petition in
the United States Bankruptcy Court in Sacramento, California,
under chapter 7 of the United States Bankruptcy Code. When he
did so, petitioner owned an interest in a fully developed
subdivision known as Frenchtown Hills Subdivision (Frenchtown
Hills) and a 15-percent interest in a real estate partnership
known as Auburn Bluffs, Ltd. (Auburn Bluffs). Auburn Bluffs’
primary asset was an incomplete subdivision that was not ready to
be sold as individual lots. Petitioner's interests in Frenchtown
Hills and Auburn Bluffs became part of his bankruptcy estate
(estate).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011