US Bankruptcy Court DID Docket Feed

Robertson v. Torres - Motion Denied in Part, Granted in Part

The United States Bankruptcy Court for the District of Idaho issued a memorandum decision on April 17, 2026 in adversary proceeding Adv. No. 25-06060-BRW, partially granting and partially denying Defendants' Motion to Dismiss Amended Complaint filed by Plaintiff Angela Ann Robertson against Debtors Dennis Eduardo Torres and Danielle Lyn Torres. The Court denied dismissal of the § 523(a)(2)(A) dischargeability claim against Mr. Torres, finding sufficient allegations of fraud in connection with a $50,200–$55,200 construction agreement entered into without a valid Idaho contractor's license. The Court granted dismissal of claims against Mrs. Torres for failure to allege specific conduct attributable to her, and granted dismissal of § 727 claims for insufficient pleading.

Kurtz v. BMT Capital Group - Merchant Cash Advance Classification

The United States Bankruptcy Court for the District of Idaho issued a memorandum ruling on BMT Capital Group's partial motion for summary judgment in adversary proceeding 25-06035-NGH. The court granted partial summary judgment in favor of BMT and dismissed Claim 1, which sought declaratory relief that four merchant cash advance agreements were void ab initio under New York's usury statute. The court held that usury under New York law may only be used as an affirmative defense, not as the basis for affirmative claims for relief. Claims 2 and 3 regarding avoidance of fraudulent transfers were denied without prejudice as premature, pending further briefing on the true sale versus loan characterization issue.

Blackhawk Gold LLC v. Serofim Muroff — Motion to Dismiss Denied in EB-5 Fraud

The United States Bankruptcy Court for the District of Idaho denied debtor-defendant Serofim Muroff's motion to dismiss an adversary proceeding brought by Blackhawk Gold, LLC, Blackhawk Manager, LLC, Blackhawk on the River, LLC, and ISR Capital, LLC. The court found excusable neglect for the plaintiffs' one-day late filing of an amended complaint and extended the deadline to December 4, 2025. The underlying dispute concerns alleged EB-5 immigrant investor program fraud involving approximately $138 million in foreign investor funds across real estate and mining projects in Idaho and Montana.