Janeke v. Allen CA2/8
Appellant and debtor Charles Janeke entered Chapter 11 bankruptcy. He believed bankruptcy protection was required, in part, due to the “shenanigans” of one of his creditors, respondent Juliette Allen and the Allen Family Trust (collectively, Allen). A plan of reorganization was amended multiple times and confirmed by the bankruptcy court. The plan required Janeke to refinance the loan on his main asset, a multi-unit apartment building, and to make certain payments to his creditors, including Allen. Allen took actions which Janeke believed hindered his efforts to obtain a refinance loan at a reasonable rate. He therefore stopped paying Allen the amounts required under the confirmed plan. Janeke sued Allen, seeking damages for her interference, under theories of fraud and slander of title, among others. Allen cross-complained for the payments due her under the confirmed plan.
Allen obtained summary judgment on both Janeke’s complaint and her cross-complaint. Janeke appe
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