Case law

Arrow Oil & Gas, Inc. v. SemCrude, L.P. (In re SemCrude, L.P.)

407 B.R. 112 · United States Bankruptcy Court, D. Delaware · Jun 19, 2009

As a practical matter, an operating agreement is designed to set forth a process by which the well is drilled and the production is established, and to govern the operations of a productive well after it has been established … The Texas Legislature clearly did not intend for this to be the case, given that Texas Article 9 governs Texas § 9.343 to the extent it is not displaced by the statute. .

In Re Worldwide Direct, Inc.

334 B.R. 112 · United States Bankruptcy Court, D. Delaware · Nov 30, 2005

The amount requested by WTC in this category ($332,294), however, clearly represents more than just work for the benefit of all creditors. … In large' cases, committee advisors are typically *127 retained and usually well-qualified to assist the committee in the performance of its duties.

Calyon New York Branch v. American Home Mortgage Corp. (In Re American Home Mortgage, Inc.)

379 B.R. 503 · United States Bankruptcy Court, D. Delaware · Jan 4, 2008

parties so that their reasonable expectations will be realized.” 37 The starting point in gleaning the parties’ intent is the same as that in statutory interpretation— plain meaning: Where the intention of the parties is clearly … The evidence established that mortgage loans can be bought and sold on either a “servicing retained” or a “servicing released” basis.

Camelot Music, Inc. v. MHW Advertising & Public Relations, Inc. (In Re CM Holdings, Inc.)

264 B.R. 141 · United States Bankruptcy Court, D. Delaware · Aug 28, 2000

The payments were clearly made within ninety days of the filing date as the payments were made on August 5, 1996 and Camelot filed for bankruptcy relief on August 9, 1996. … Clearly, MHW’s administrative expense claim did not arise prepetition pursuant to § 101(10)(A) and § 101(10)(B) sets forth, inter alia, the same postpetition exceptions that qualified for treatment under § 502(d) as addressed

Brown v. General Electric Capital Corp. (In Re Foxmeyer Corp.)

286 B.R. 546 · United States Bankruptcy Court, D. Delaware · Nov 19, 2002

The Court can only dispose of such an issue if the facts subsidiary to such ultimate fact have been completely established. … faith on the basis that the funds which she lent to the debtor therein were used for legitimate corporate purposes, necessarily can only so argue with respect to the $100,000 loan because the Second Circuit held, quite clearly

In re W.J. Bradley Mortgage Capital, LLC

598 B.R. 150 · United States Bankruptcy Court, D. Delaware · Feb 1, 2019

While exculpatory provisions may immunize directors, officers and managers from liability on duty of care claims, they do not for the breach of the duty of loyalty or good faith claims. Id. … This would clearly be fatal to the Trustee's claim here. Nevertheless, at the motion to dismiss stage, "determination of the precise boundaries of each D & O Defendant's ... fiduciary duties is premature...

Kravitz v. Samson Energy Company, LLC

United States Bankruptcy Court, D. Delaware · Dec 23, 2020

Put directly, a “financial participant” is “an entity” that has sufficient qualifying transactions “with the debtor or any other entity.” . . . … The language of § 101(22A) clearly sets forth three dates for measuring the amounts of the agreements or transactions: (i) at the time the entity enters into an agreement or transaction, or (ii) the date of filing of

Claridge Assocs., LLC v. Schepis (In re Pursuit Capital Mgmt., LLC)

595 B.R. 631 · United States Bankruptcy Court, D. Delaware · Nov 2, 2018

shareholder derivative action. 143 As is evident, these standards are not identical and the Commodore requirement is a lesser standard than the Fogel requirement. 144 My approval of the Agreement using the § 363 standard clearly … My ruling as well as the evidence to support it clearly reflects the Trustee's consent.

Start Man Furniture LLC

United States Bankruptcy Court, D. Delaware · Mar 21, 2022

COVID-19 is clearly a “disaster.” … COVID-19 also qualifies as a “natural” disaster because human beings were not responsible for starting or consciously spreading the virus.

Start Man Furniture LLC - Adversary Proceeding

United States Bankruptcy Court, D. Delaware · Mar 21, 2022

COVID-19 is clearly a “disaster.” … COVID-19 also qualifies as a “natural” disaster because human beings were not responsible for starting or consciously spreading the virus.

In Re Abc Learning Centres Ltd.

445 B.R. 318 · United States Bankruptcy Court, D. Delaware · Jan 21, 2011

Liquidators and Receivers have clearly delineated roles under the Corporations Act. … A foreign nonmain proceeding is any other proceeding “pending in a country where the debtor has an establishment.” 11 U.S.C. § 1502 (5).

In Re Federal-Mogul Global, Inc.

411 B.R. 148 · United States Bankruptcy Court, D. Delaware · Sep 30, 2008

No. 103-835, at 41 (1994), reprinted in 1994 U.S.C.C.A.N. 3340, 3350 (the “asbestos trust/injunction mechanism established in [section 524(g)] is available for use by any asbestos company facing a[n] overwhelming liability … The Pneumo Protected Parties (Cooper, Pneumo Abex, and certain affiliates) do not qualify for the protection of a third party injunction under 11 U.S.C. § 524 (gX4)(A)(ii).

Mull Drilling Co. v. SemCrude, L.P. (In re SemCrube, L.P.)

407 B.R. 82 · United States Bankruptcy Court, D. Delaware · Jun 19, 2009

As a practical matter, an operating agreement is designed to set forth a process by which the well is drilled and the production is established, and to govern the operations of a productive well after it has been established … The Kansas Legislature clearly did not intend for this to be the case, given that Kansas Article 9 governs Kansas § 9-339a to the extent it is not displaced by the statute. .

American Classic Voyages Co. v. JP Morgan Chase Bank (In Re American Classic Voyages Co.)

367 B.R. 500 · United States Bankruptcy Court, D. Delaware · Apr 27, 2007

If liquidation in bankruptcy was not “clearly imminent” on the transfer date, then the entity should be valued as a going concern. Travellers Int’l AG v. Trans World Airlines, Inc. … Mandarino is a certified public accountant and was qualified appropriately as an expert in this case, but with far less experience in performing solvency analyses. (Tr. at 460-61).

In Re eToys, Inc.

331 B.R. 176 · United States Bankruptcy Court, D. Delaware · Oct 4, 2005

Because MNAT had an actual conflict of interest it was not qualified to represent the Debtors in asserting their claims against Goldman. … TBF is an established bankruptcy firm.

Burtch v. Huston (In Re USDigital, Inc.)

461 B.R. 276 · United States Bankruptcy Court, D. Delaware · Dec 20, 2011

That right allows a court “ ‘to undo or to offset any inequality in the claim position of a creditor that will produce injustice or unfairness to other creditors in terms of the bankruptcy results.’ ” 44 Clearly, the remedy … This Court believes that the Third Circuit — like the Ninth — was seeking to establish a test covering both the statute and the Constitution.

Mallinckrodt plc

United States Bankruptcy Court, D. Delaware · Apr 19, 2023

The Plan clearly and unequivocally states that: Payments from the Municipal and Tribe Opioid Attorneys’ Fee Fund shall be the exclusive means of payment from the Public Opioid Creditor Trusts14 for costs and … Instead, distributions of NOAT II Abatement Distributions are to be made: solely to (i) States, for further distribution within such State as set forth in the NOAT II TDP, (ii) Qualifying Block Grantees, pursuant to a Statewide

Official Committee of Unsecured Creditors v. Credit Suisse First Boston (In Re Exide Technologies, Inc.)

299 B.R. 732 · United States Bankruptcy Court, D. Delaware · Aug 21, 2003

“To qualify as inequitable conduct, the insider or fiduciary creditor must have actually used its power to control the debtor or its position of trust with the debtor to its own advantage or to the other creditors’ detriment … Thus, the Complaint clearly sets forth a claim for avoidance of fraudulent transfers. I turn now to the Lenders’ arguments for dismissal.

In re Tribune Media Co.

552 B.R. 282 · United States Bankruptcy Court, D. Delaware · May 25, 2016

Henke while concealing the Sun’s own official and professional misconduct, as well as that of the University and others. 138 “Had The Sun been forthright in any one of the matters, clearly he and his family would not have … Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964), "the Supreme Court held that in a state libel trial, a public official must establish ‘malice,' defined as a knowing falsity or reckless disregard for the truth

In Re Nortel Networks, Inc.

469 B.R. 478 · United States Bankruptcy Court, D. Delaware · Mar 20, 2012

To qualify for the adverse interest exception, a party needs . to allege total abandonment of the corporation’s interests by the interested parties. AIG, 976 A.2d at 891 . … These are clearly not fraud claims. NNIR responds by asserting that Irish courts view the distinction among the varieties of mistake as neither consistent nor consequential.