Case law

Calyon New York Branch v. American Home Mortgage Corp.

383 B.R. 585 · United States Bankruptcy Court, D. Delaware · Mar 10, 2008

As an initial matter, the Debtors argue that Calyon has failed (as required under the applicable rules) to establish sufficient grounds for the extraordinary relief requested, i.e., Ca-lyon has failed to establish (1) an … The reference to “Servicer Defaults” shows the parties knew servicing was separate, and Calyon’s failure to reference the sale of servicing assets clearly shows that these assets were not sold.

Halperin v. Moreno (In re Green Field Energy Servs., Inc.)

585 B.R. 89 · United States Bankruptcy Court, D. Delaware · Jan 24, 2018

Aerodynamic Transfer Of the remaining preferential transfers in question, Defendants do not claim that each qualifies as a non-preferential transfer under Section 547(b). … Deposits and withdrawals were clearly made into the Regions Bank Account prior to June 28, 2013, but without an indication of the balance as a whole the bank reconciliation statement is not entirely beneficial to the Court

In Re Powermate Holding Corp.

394 B.R. 765 · United States Bankruptcy Court, D. Delaware · Oct 10, 2008

. § 507 (a)(4)-(5) govern wage claims that do not qualify as administrative expense claims. … Case law under this prior version of the Code established that, like under the new law, timing was everything.

TSIC Inc. v. Thalheimer (In Re TSIC, Inc.)

428 B.R. 103 · United States Bankruptcy Court, D. Delaware · Apr 28, 2010

Clearly, Thalheimer was at the time a statutory insider pursuant to Sections 101(31) and 548 of the Code. … The court in Winstar carefully analyzed the "nonstatutoiy insider” status issue and held that the supplier qualified as such.

EPLG I, LLC Ex Rel. QR Liquidating Trust v. Citibank, National Ass'n (In Re Qimonda Richmond, LLC)

467 B.R. 318 · United States Bankruptcy Court, D. Delaware · Mar 26, 2012

The Court agrees that Citibank has failed to establish that the Deposit and Debit are settlement payments protected by section 546(e). … “QR” was clearly identified by the Complaint as Qimonda Richmond, LLC. The Complaint plainly alleges that QR directed the Deposits be made.

Burger v. Level End Dairy Investors (In Re Burger)

125 B.R. 894 · United States Bankruptcy Court, D. Delaware · Apr 3, 1991

It is important to note first that the Services Agreement clearly puts “insemination” within the domain of management decisions under Burger’s control. … Burger clearly had an attorney-client relationship with Biondi for roughly two years prior to his entering into the Services Agreement.

In Re Hsf Holding, Inc.

421 B.R. 716 · United States Bankruptcy Court, D. Delaware · Jan 13, 2010

The mortgage clearly states that Superferry grants 100% interest to MARAD in any (i) spare or spare part and (ii) engines for the Alakai. … The Committee argues that the Spare Main Engine does not qualify as a proceed under Hawaii law. I disagree.

Daniel H. Golden, as Litigation Trustee of the QHC v. Community Health Systems, Inc.

United States Bankruptcy Court, D. Delaware · Mar 16, 2023

The Plaintiffs contend that whether the safe harbor of § 546(e) protects the Spin-Off Dividend requires a fact-based inquiry and should be considered in a motion to dismiss only if “the defense is clearly established on … -2 (a qualifying participant) as a subsequent transferee.

In Re Mid-American Waste Systems, Inc.

284 B.R. 53 · United States Bankruptcy Court, D. Delaware · Sep 18, 2002

The legal costs associated with the Gary Investigation were clearly substantial. … The record clearly establishes that White affirmatively engaged in illegal activity, namely bribery of a public official, in his role as President and CEO of Mid-American.

In re Joan Fabrics Corp.

508 B.R. 881 · United States Bankruptcy Court, D. Delaware · May 5, 2014

Under this scheme, the tax rate *889 cannot be established until the tax base is known. See Spiers v. Davenport, 263 N.C. 56 , 138 S.E.2d 762, 764 (1964). … 59 , and deemed state tax liens superior to local ad valorem tax liens. 60 Since the statute provided priority to state tax liens over “duly recorded liens,” the case can be construed to imply that local ad valorem taxes qualify

Trans World Airlines, Inc. v. Travellers International AG. (In Re Trans World Airlines, Inc.)

180 B.R. 389 · United States Bankruptcy Court, D. Delaware · Nov 30, 1994

This is clearly what the court was saying in Rutland County Nat. Bank, supra. The only point I find clearly established by these cases is that fair valuation does not imply a foreclosure, auction or distress sale. … It is clearly not a saleable “asset” and it has no market value.

In Re ANC Rental Corp., Inc.

278 B.R. 714 · United States Bankruptcy Court, D. Delaware · May 23, 2002

If they do, Hertz and Avis will clearly have standing to be heard on those Motions. … Even under that test, though, the Concession Agreements are clearly not personal contracts.

Burtch v. Connecticut Community Bank, N.A. (In Re J. Silver Clothing, Inc.)

453 B.R. 518 · United States Bankruptcy Court, D. Delaware · Apr 29, 2011

Defendants argue that the parties’ clearly intended for the exchange to be contemporaneous and that the evidence supports a finding in Defendants’ favor. … Defendants have the burden of establishing both elements of § 547(c)(1). 11 U.S.C. § 547 (g).

In Re Nellson Nutraceutical, Inc.

369 B.R. 787 · United States Bankruptcy Court, D. Delaware · May 24, 2007

In addition, while not specifically applying the horizontal and vertical dimension tests, the court found that the adoption of the incentive plans was “clearly in the ordinary course of the [debtors’ businesses.” … Visithpanich was qualified under Rule 702 of the Federal Rules of Evidence (without objection) as an expert in compensation. 14 .

In Re PPI Enterprises (U.S.), Inc.

228 B.R. 339 · United States Bankruptcy Court, D. Delaware · Dec 30, 1998

other factual propositions which could not be properly established by such filing. … Such treatment could not qualify for nonimpairment under § 1124(1) because the failure to pay postpetition interest does not leave unaltered the contractual or legal rights of the claim.

Mother African Union Methodist Church v. Conference of AUFCMP Church (In re Conference of African Union First Colored Methodist Protestant Church)

184 B.R. 207 · United States Bankruptcy Court, D. Delaware · Apr 28, 1995

The Vice Chancellor is entitled to judicial immunity when acting on matters within his jurisdiction, which he clearly was in this situation. See Pierson v. … a proposition regarding security interests in Debtor’s property which cannot be established by a Chapter 7 filing.

Official Committee of Unsecured Creditors of Teu Holdings, Inc. v. Kemeny (In Re Teu Holdings, Inc.)

287 B.R. 26 · United States Bankruptcy Court, D. Delaware · Nov 1, 2002

On May 5, 2002, the Court entered an Order Establishing a Briefing Schedule and setting the matters for hearing [Doc. No. 16]. A. … The Interim Agreement establishes an “Interim Period” as well as a “Trial Period.”

In Re W.R. Grace & Co.

446 B.R. 96 · United States Bankruptcy Court, D. Delaware · Jan 31, 2011

Zilly was qualified as a financial advis- or with respect to restructuring matters. Doc. No. 23531, Tr. of 9/16/09 at 103-04. … Zilly was qualified as a financial advis- or with respect to restructuring matters. Doc. No. 23531, Tr. of 9/16/09 at 103-04. 78 .

New Jersey Department of Environmental Protection v. Occidental Chemical Corp. (In re Maxus Energy Corp.)

571 B.R. 650 · United States Bankruptcy Court, D. Delaware · Aug 2, 2017

piercing ones own veil—is not explicit under Delaware .law, as “a trustee possess standing to bring—and by logical extension, settle and release—an alter ego claim on behalf of a creditor of the debtor, as long as the claim qualifies … The OCC Claims Are General; No Particularised Harm Has Been Suffered by Occidental With respect to whether the harm suffered by Occidental is general or particularized, the OCC Claims are clearly general, and, therefore,

In Re Amtrol Holdings, Inc.

384 B.R. 686 · United States Bankruptcy Court, D. Delaware · Apr 1, 2008

(v) The design, manufacturing, fabrication, marking, maintenance, reconditioning, repairing, or testing of a package or container which is represented, marked, certified, or sold as qualified for use in the transportation … Clearly, the Confirmation Order is a final judgment, they were parties and in the Abstention Motion the Elders raise issues they could have raised as objections to the Plan.