Case law

In Re Atlantic Gulf Communities Corp.

369 B.R. 156 · United States Bankruptcy Court, D. Delaware · May 22, 2007

The Trustee determined that many of them were qualified for a refund from the Escrow (totaling approximately $300,000). (Exhibits T-5 & T-6.) … Finally, the Escrow Agreement clearly contemplated that the Debtor might not construct the utilities; in fact the purpose of the Escrow Agreement was to protect the lot purchasers in that very circumstance.

In Re W.R. Grace & Co.

355 B.R. 462 · United States Bankruptcy Court, D. Delaware · Dec 14, 2006

The experts on both sides are qualified. … Anderson’s methodology is clearly articulated and is capable of repetition and peer review.

In Re Exide Technologies

340 B.R. 222 · United States Bankruptcy Court, D. Delaware · Apr 3, 2006

Clearly, EnerSys exhibit 253 is admissible under Fed.R.Evid. 801(d)(2)(A), since it is being offered against Exide and is a statement made by Exide (in its representative capacity, of course). … I concluded already that Exide exhibits 155-157 qualify as business records. 33 .

In re Los Angeles Dodgers LLC.

468 B.R. 652 · United States Bankruptcy Court, D. Delaware · Dec 15, 2011

His curriculum vitae clearly establishes his expertise in the field of sports telecast rights agreements. Mr. Desser never previously represented or was employed by FOX in any capacity. Mr. … Cox, 96 Cal. 339 , 31 P. 161, 163 (1892) (an old case which is still hornbook law, holding that for time to be of the essence, it must so clearly state).

Burtch v. Masiz (In re Vaso Active Pharmaceuticals, Inc.)

514 B.R. 416 · United States Bankruptcy Court, D. Delaware · Aug 11, 2014

Frattaroli’s Conduct In this present case, Frattaroli’s conduct is clearly contemptuous. First, the fact that a valid order of the Court existed is reflected in the July 16 Order granting the Jeoffrey L. … While McCarter may have responded to the discovery requests, the interrogatory was directed to Frattaroli only. 53 Additionally, McCarter’s responses were qualified as responses only based on information and documents in

In Re Valley Media, Inc.

279 B.R. 105 · United States Bankruptcy Court, D. Delaware · Apr 25, 2002

The number of employees, printers, or marketing creditors was not established. … This is clearly not the case. The authorization to sell was limited to the duration of the Distribution Agreements.

Official Committee of Unsecured Creditors v. Catholic Diocese of Wilmington, Inc. (In Re Catholic Diocese of Wilmington, Inc.)

432 B.R. 135 · United States Bankruptcy Court, D. Delaware · Jun 28, 2010

Foundation receives applications and provides grants for various, qualifying organizations and activities. … The answer is clearly yes — both in the Debtor’s operating account and the PIA.

Delta Financial Corp. v. Westchester Surplus Lines Insurance (In Re Delta Financial Corp.)

398 B.R. 382 · United States Bankruptcy Court, D. Delaware · Dec 15, 2008

Where the intention of the parties is clearly and unambiguously set forth, effect must be given to the intent as indicated by the language used. … Delta Financial of the Contributed Cash Flow Certificates to Delta LLC, which constituted inadequate consideration, in connection with Delta Financial’s purchase of securities issued by'any company and does Delta Financial qualify

In Re ACandS, Inc.

462 B.R. 88 · United States Bankruptcy Court, D. Delaware · Oct 7, 2011

Garlock simply surmises it “likely is or was” a party or party in interest in these bankruptcy cases where the facts of the cases clearly establish that it was not, inasmuch as it never filed a claim in any of them. … Clearly, this is not a proper, focused discovery request.

In re City Sports, Inc.

554 B.R. 329 · United States Bankruptcy Court, D. Delaware · Aug 4, 2016

Clearly their position sharply contrasts with that of a business creditor. Senate Hearings at 694 (emphasis added). On January 25, 1978, John J. … For this reason Section 507 of S. 2266 establishes a consumer priority. Senate Hearings at 1307 (emphasis added).

Official Committee of Asbestos Personal Injury v. Sealed Air Corp. (In Re W.R. Grace & Co.)

285 B.R. 148 · United States Bankruptcy Court, D. Delaware · Oct 24, 2002

Rule 17 qualifies its timeliness requirement as “reasonable.” Reasonableness does not enter into Rule 12’s requirement that affirmative defenses be raised in the responsive pleading. … At least one of the interests in the adversary proceeding, certainty and finality of the result, would clearly be served.

Lightsway Litigation Services, LLC as Trustee of T v. Yung, III

United States Bankruptcy Court, D. Delaware · Apr 20, 2020

As an entity qualifier, it too was investigated by the DGE to see if it qualified to operate the casino’s hotel.4 Further, representatives of Columbia participated in … In this case, the Creditors’ Committee and special Committee of the Debtors are clearly predecessors in interest to the Plaintiff.

Cohen v. TIC Financial Systems (In Re Ampace Corp.)

279 B.R. 145 · United States Bankruptcy Court, D. Delaware · May 3, 2002

Feb.27, 1997) (“The Disclosure Statement clearly refers to claims against professionals, a category that indisputably includes [defendant], and clearly assigns those claims to the [committee]. … This requirement is not qualified or limited by the provisions of § 502(a) and (b).

OHC Liquidation Trust v. Credit Suisse First Boston (In Re Oakwood Homes Corp.)

340 B.R. 510 · United States Bankruptcy Court, D. Delaware · Mar 31, 2006

The plaintiff also suggests that the defendants could qualify as non-statutory insiders. The defendants disagree and seek to dismiss. … As such, to establish a successful claim of deepening insolvency, the fraud alleged must be a harm to the corporation. See id.

In Re Premier International Holdings, Inc.

423 B.R. 58 · United States Bankruptcy Court, D. Delaware · Jan 20, 2010

Statutory Interpretation “[C]ontemporary Supreme Court jurisprudence establishes that the purpose of statutory interpretation is to determine congressional intent.” 4 To that end, the starting point is to examine the plain … 55 The Court than applied this holding to the ad hoc committee at issue. 56 Nonetheless, the committee in the Northwest case was not formally organized. 57 The Northwest Court held, in effect, that all ad hoc committees qualify

Sportsman's Warehouse, Inc. v. McGllis/Eckman Investments-Billings, LLC (In Re Sportsman's Warehouse, Inc.)

457 B.R. 372 · United States Bankruptcy Court, D. Delaware · Sep 16, 2011

thus compel its lender to continue to advance funds during reorganization.” 49 “[C]ourts define the term ‘financial accommodations’ narrowly, as ‘the extension of money or credit to accommodate another.’ ” 50 A lease may qualify … The law of the case does not apply in the following three situations: (1) new evidence is available; (2) a supervening new law has been announced; or (3) the earlier decision was clearly erroneous and would create manifest

Shubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)

348 B.R. 234 · United States Bankruptcy Court, D. Delaware · Dec 21, 2005

Thus this spreadsheet appears to qualify as a statement of work. … Lucent was clearly worried that the issuance of the refinancing notice would have dire consequences for Winstar. (Hayes, Depo, Tr 13-45).

Team Systems International, LLC

United States Bankruptcy Court, D. Delaware · Jul 15, 2022

The Advisory Committee Note to the 1991 Amendment to Bankruptcy Rule 2003 makes this point very clearly. … Hopkins, 490 U.S. 228 (1989) (establishing framework for establishing liability under Title VII of the Civil Rights Act of 1964 in cases in which an illegitimate factor (such as race or sex) played some role in the employment

In Re Combustion Engineering, Inc.

295 B.R. 459 · United States Bankruptcy Court, D. Delaware · Jun 23, 2003

Once the CE Settlement Trust was established, CE paid the claims of those who qualified and agreed to the MSA. These payments continued postpetition but a certain portion of each claim, the “stub” claim, remains unpaid. … Factors 4 and 5 are not clearly established on this record. However, remedial action may cure any defect.

In Re Washington Mutual, Inc.

442 B.R. 314 · United States Bankruptcy Court, D. Delaware · Jan 7, 2011

These waivers are not simply significant in total dollars but also in comparison to the total claims against the estate; they are clearly the largest claims. … Under the Master Mortgage factors, they do not qualify for a release from the Debtors. There is no identity of interest between them and the Debtors.