Friday, August 15, 2008

Dynegy Midstream Services, LP vs. Apache Corp. to be argued Sep. 9, 2008

No. 07-0043
DYNEGY MIDSTREAM SERVICES, LIMITED PARTNERSHIP AND VERSADO GAS PROCESSORS, LLC v. APACHE CORPORATION; from Harris County; 14th district (14-05-00010-CV, 214 SW3d 554, 12-07-06) 2 petitions

This cause has been set for oral argument at 9:00 a.m., September 9, 2008. Time allotted to argue: 20/20 minutes

Opinion below: Apache Corp. v. Dynegy , 214 S.W.3d 554 (Tex.App.- Houston [14th Dist.] Dec. 7, 2006)(Anderson) (gas contract, breach of contract, unfair trade practices, UDJA, attorney fees)
Disposition: AFFIRMED AS MODIFIED
Opinion by Justice Anderson
Panel members: Before Chief Justice Hedges, Judge Murphy, Justice Anderson
Cause number in the court of appeals and link to docket: 14-05-00010-CV
Full case style in the Houston court of appeals: Apache Corporation v. Dynegy Midstream Services Limited Partnership and Versado Gas Processors, LLC
Appeal from 234th District Court of Harris County
Trial Court Judge: Bruce D. Oakley

2 comments:

Jay Draiman said...

Nachshon Draiman and Multiut charged with a $15 million judgment for fraud - $21 million with interest
Honorable John A. Nordberg: Enter Memorandum Opinion and Order.
For the reasons set forth above, defendants motion for summary judgment is granted, and judgment is granted to plaintiff Dynegy, and against defendants Multiut and Nachshon Draiman, Future Associates
Case 1:02-cv-07446 Document 228 Filed 06/11/2008 Page 1 of 1
UNITED STATES DISTRICT COURT
FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 3.2.1
Eastern Division
Dynegy Marketing and Trade
Plaintiff,
v. Case No.: 1:02−cv−07446
Hon. John A. Nordberg
Multiut Corporation, Nachshon Draiman, Future Associates, et al.
Defendant.
NOTIFICATION OF DOCKET ENTRY
This docket entry was made by the Clerk on Wednesday, June 11, 2008:
MINUTE entry before the Honorable John A. Nordberg: Enter Memorandum
Opinion and Order. For the reasons set forth above, defendants motion for summary judgment is granted, and judgment is granted to plaintiff, and against defendants Multiut and Nachshon Draiman, Future Associates on Counts I and II of plaintiffs amended complaint, in the amount of
$15,348,244.72 plus interest accruing from October 1, 2004. Judgment is granted for plaintiff and against defendants Nachshon Draiman, Multiut, Future Associates on Counts I through VI of defendants
ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was generated by CM/ECF, the automated docketing system used to maintain the civil and criminal dockets of this District. For scheduled events, motion practices, recent opinions and other information, visit our web site at www.ilnd.uscourts.gov.
CONCLUSION

For the reasons set forth above, defendant's Nachshon Draiman motion for summary judgment is granted, and judgment is granted to plaintiff - Dynegy, and against defendants Multiut and Nachshon Draiman, Future Associates on Counts I and II of plaintiff's amended complaint, in the amount of $15,348,244.72 plus interest ($21 million) accruing from October 1, 2004. Judgment is granted for plaintiff and against defendants on Counts I through VI of defendants' counterclaims.
FN1. Dynegy has also filed several fraudulent transfer counts alleging that Nachshon Draiman caused Multiut to transfer over $21 million to himself, his family, and related business entities and that most of this money came from the sale of gas delivered by Dynegy. But the present summary judgment motion does not address these counts. (with interest it is $21 million as of October 1, 2008 and increasing by $115,000 every month)


N.D.Ill.,2008.
Dynegy Marketing and Trade v. Multiut Corp., Nachshon Draiman, Future Associates
Slip Copy, 2008 WL 2410425 (N.D.Ill.)
See: www.nachshondraiman.net

Nachshon Draiman aka Nachson Draiman, N Draiman
END OF DOCUMENT
Nachshon Draiman, Chicago – nursing home administrator license (044001323). revoked
Illinois Department of Financial and Professional Regulation 2008
File Format: PDF/Adobe Acrobat - View as HTML
Nachshon Draiman, Chicago – nursing home administrator license (044001323). revoked and fined $2000 for misrepresenting information in his application ... providing false college diploma
www.idfpr.com/Forms/DISCPLN/0108_dis.pdf - Similar pages

See: www.nachshondraiman.net
www.nachshondraiman.org
www.draiman.net

1. Minute Orders 12/23/04
No notice 1:02-cv-07446 Dynegy Mkg & Trade-v-Multiut Corp, et al Docket Date: 12 /27/04 MINUTE ORDER of 12/23/04 by Honorable Michael T. Mason : Plaintiff's ...
www.ilnd.uscourts.gov/MinOrds/1223.htm - 65k - Cached - Similar pages
2. Minute Orders 01/10/05
No notice 1:02-cv-07446 Dynegy Mkg & Trade-v-Multiut Corp, et al Docket Date: 01 /10/05 MINUTE ORDER of 1/10/05 by Honorable Michael T. Mason : As stated on ...
www.ilnd.uscourts.gov/MinOrds/0110.htm - 145k - Cached - Similar pages

Jay Draiman said...

NACHSHON DRAIMAN 09-17582 and Multiut 09-17575 file for bankruptcy
ilnbke
09-17582

ilnbke
09-17575


On May 14, 2009, NACHSHON DRAIMAN filed for Chapter 11 bankruptcy. The filer is being represented by Michael L Ralph, Sr of the firm Ralph, Schwab & Schiever, Chtd.
A bankruptcy petition preparer’s failure to comply with the provisions of
title 11 and the Federal Rules of Bankruptcy Procedure may result in
fines or imprisonment or both 11 U.S.C. §110; 18 U.S.C. §156.
Multiut Corporation
/s/ SCOTT R. CLAR
SCOTT R. CLAR 06183741
Crane, Heyman, Simon, Welch & Clar
Suite 3705
135 South LaSalle Street
Chicago, IL 60603-4297
312-641-6777 Fax: 312-641-7114
May 14, 2009
Nachshon Draiman
/s/ Nachshon Draiman
President
May 14, 2009

I certify under penalty of perjury that the information provided above is true and correct.
Signature of Debtor: /s/ Nachshon Draiman
Nachshon Draiman
Date: May 14, 2009
Software

B4 (Official Form 4) (12/07)
United States Bankruptcy Court
Northern District of Illinois
In re Nachshon Draiman Case No.
Debtor(s) Chapter 11
LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS
Following is the list of the debtor's creditors holding the 20 largest unsecured claims. The list is prepared in
accordance with Fed. R. Bankr. P. 1007(d) for filing in this chapter 11 [or chapter 9] case. The list does not include (1)
persons who come within the definition of "insider" set forth in 11 U.S.C. § 101, or (2) secured creditors unless the value of
the collateral is such that the unsecured deficiency places the creditor among the holders of the 20 largest unsecured claims.
If a minor child is one of the creditors holding the 20 largest unsecured claims, state the child's initials and the name and
address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's
name. See 11 U.S.C. § 112; Fed. R. Bankr. P. 1007(m).
(1)
Name of creditor and complete
mailing address including zip
code
(2)
Name, telephone number and complete
mailing address, including zip code, of
employee, agent, or department of creditor
familiar with claim who may be contacted
(3)
Nature of claim (trade
debt, bank loan,
government contract,
etc.)
(4)
Indicate if claim is
contingent,
unliquidated,
disputed, or subject
to setoff
(5)
Amount of claim [if
secured, also state
value of security]
Alan Mandel
7520 N. Skokie Blvd.
Skokie, IL 60077
Alan Mandel
7520 N. Skokie Blvd.
Skokie, IL 60077
Attorney's Fees and
Costs
Disputed
Subject to Setoff
193,963.62
BankFinancial, F.S.B.
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Bank Financial
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Personal Line of
Credit
120,000.00
BankFinancial, F.S.B.
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Bank Financial
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Guaranty on Bank
Loan, Lifescan
Laboratiries, Inc.
Contingent
Unliquidated
259,748.58
BankFinancial, F.S.B.
3443 W. Touhy Avenue
Lincolnwood, IL 60712
Bank Financial
3443 W. Touhy Avenue
Lincolnwood, IL 60712