Case law

Park Place Development Primary, LLC

United States Bankruptcy Court, D. Delaware · Nov 2, 2021

E.D.Pa. 1987)) (finding that the alleged debtor failed to meet its burden of establishing that a creditor acted in bad faith in filing an involuntary petition). 66 Id. at 336. … Disproportionate/Tactical Advantage and Suspicious Timing Clearly, the Involuntary Petition was filed to stay the Foreclosure Action (which the Petitioning Creditors have been actively litigating) so that the

Official Committee of Asbestos v. Asbestos Property Damage Committee (In Re Federal-Mogul Global Inc.)

330 B.R. 133 · United States Bankruptcy Court, D. Delaware · Sep 13, 2005

Peterson’s claiming rates that are established in his Increasing model. While Dr. … Clearly, this Court’s consideration of the question is for the purposes of this hearing and the pending United States bankruptcy proceedings.

Wells Fargo Bank, N.A. v. HomeBanc Corp. (In re HomeBanc Mortgage Corp.)

573 B.R. 495 · United States Bankruptcy Court, D. Delaware · May 31, 2017

It did so in § 559.” 81 Judge Rendell also noted in her concurring opinion to AHMII that the language of Bankruptcy Code § 562 clearly uses the plural, referring to “commercially reasonable determinants of value,” so that … Bear Stearns’ objection to qualifying Mr. Ca-lahan as an expert of the sale of such collateral was overruled; although I noted that weight of Mr.

EHT US1, Inc.

United States Bankruptcy Court, D. Delaware · Jun 1, 2021

This is necessary to ensure that the interest paid to Cayman Corp 1 by US Corp pursuant to intercompany loans from Cayman Corp 1 to US Corp qualifies for favourable tax treatment under … He is clearly an expert on the issues before the Court.

iSun, Inc.

United States Bankruptcy Court, D. Delaware · Jun 16, 2026

That is a qualifying other purpose.37 The weight to be afforded the exhibits is a separate question, addressed below. … A buyer in a section 363 sale takes on only the obligations it clearly agrees to assume, and Clean Royalties assumed none of these.75 Two important limitations frame this relief.

Industrial Enterprises of America, Inc. v. Mazzuto (In re Pitt Penn Holding Co.)

484 B.R. 25 · United States Bankruptcy Court, D. Delaware · Nov 30, 2012

The Order also deemed the Second Amended Complaint timely filed and established that the Court would consider arguments made by the parties in motions to dismiss earlier versions of the Complaint. … "Any person or entity whose relationship with the debtor is sufficiently close so as to subject the relationship to careful scrutiny” may qualify as an insider.

The Maxus Liquidating Trust v. YPF S.A.

United States Bankruptcy Court, D. Delaware · May 10, 2021

Boelter’s purported violation of Model Rule 1.7 to establish she was not likely to comply with the ethical screen established by White & Case. … If YPF is correct, then every bankruptcy court decision involving professional ethics would qualify for direct appeal. Clearly, more is needed.

Compass Bank Ex Rel. Guaranty Bank, FSB v. North American Petroleum Corp. USA (In Re North American Petroleum Corp. USA)

445 B.R. 382 · United States Bankruptcy Court, D. Delaware · Feb 18, 2011

It is that provision that finally and clearly indicates a failure of a meeting of the minds by the parties. … To qualify as an administrative expense, which enables priority treatment under section 507 of the Bankruptcy Code, an expense must satisfy the requirements of section 503(b) of the Bankruptcy Code.

Tribune Media Company

United States Bankruptcy Court, D. Delaware · Mar 3, 2020

Henke argues that these statements are clearly untrue. … “Though a statement of opinion is not immune from suit, a statement is not actionable unless it asserts a provably false fact or factual connotation.”

Ryan K. Wolfson - Adversary Proceeding

United States Bankruptcy Court, D. Delaware · Jan 14, 2022

Defendants did not argue Wolfson would qualify for either benefit. 4 Transcript 11:17-25. “4 Transcript 12:8-15, 4 See eg. Transcript 24:2-5; 35:16-18. … This is clearly the case at present given that he is unemployed and has no income, and I am satisfied by Wolfson’s efforts to maximize his mcome.

Michaelson v. L.A. Downtown Medical Center LLC

United States Bankruptcy Court, D. Delaware · May 1, 2024

The Court “may not grant the motion unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” Id. … deferred obligations in a note providing for nine semi-annual payments of $900,000, plus applicable interest.10 In December 2018, the Court entered the bid procedures order.11 The debtors did not receive other qualified

Kevin Livingston and Freida Livingston

United States Bankruptcy Court, D. Delaware · Mar 29, 2022

Some was clearly legal in nature; other testimony was based on Mr. Cooke’s own experience with his TSP Joan. … I agree that Debtors have the burden to show special circumstances to rebut a presumption of abuse once it is established. I need not characterize this burden; it is spelled out in the statute itself.

BYJU's Alpha, Inc. v. Camshaft Capital Fund, LP

United States Bankruptcy Court, D. Delaware · Apr 3, 2024

Upon further review, it does appear that the Contempt Order includes language that does not clearly convey my intent that Mr. … Riju Ravindran owed fiduciary duties to the Debtor, and his testimony clearly indicates that he breached the duty of care owed to the Debtor.

Delaware Trust Co. v. Wilmington Trust, N.A. (In re Energy Future Holdings Corp.)

566 B.R. 669 · United States Bankruptcy Court, D. Delaware · Apr 27, 2017

First, DTC asserts that the Collateral Agent exercised remedies because the “New Plan and the Security Documents qualify the receipt of Collateral or its proceeds in-and-of itself as an exercise of remedies within the meaning … In Momentive, Judge Drain held: Very clearly, however, a secured creditor is not getting the proceeds of its collateral when it gets stock in the reorganized entity, unless, of course, that stock was paid by a third-party

In re Nortel Networks, Inc.

532 B.R. 494 · United States Bankruptcy Court, D. Delaware · May 12, 2015

The MRDA, a tax document, was clearly not meant to, nor does it even purport to, govern inter-company allocation of the proceeds from liquidated Nortel assets. … The basic principles of contractual interpretation were clearly and concisely set out by the Ontario Court of Appeal in Salah v.

Allegiance Coal USA Limited

United States Bankruptcy Court, D. Delaware · Jun 6, 2024

The debtors’ argument that the fees may be paid relies on paragraph 17 of the DIP Order, which is the provision that establishes the carve out. … clearly provides that as between the beneficiaries of the carve out and the DIP lender, the repayment of the DIP loans is subordinated to the carve out.

BYJU's Alpha, Inc. v. Camshaft Capital Fund, LP

United States Bankruptcy Court, D. Delaware · Feb 27, 2025

Camshaft argues that none of the Camshaft defendants qualifies as an initial transferee with respect to the Transfers. … Camshaft clearly has a legal interest in the matters at issue in Count VIII of the Complaint, even if it chooses not to take action with respect to that interest at this time.

Williams v. McGreevey (In Re Touch America Holdings, Inc.)

401 B.R. 107 · United States Bankruptcy Court, D. Delaware · Feb 3, 2009

The rationale for establishing Touch America as a new Delaware holding company in place of Montana Power was that such action would allow the enterprise to divest its energy assets with better tax treatment and fewer regulatory … However, the gravaman of the complaint and the injury claimed — loss of stock value — is clearly an injury to the corporation.

The Maxus Liquidating Trust v. YPF S.A.

United States Bankruptcy Court, D. Delaware · Apr 6, 2021

Boelter’s involvement at all, and attendance at part of a lengthy oral argument certainly does not qualify as substantial involvement. Ms. … That is clearly insufficient to require disqualification of the entire firm.62 62 In support of the Motion to Disqualify, YPF submitted two Declarations of W.

Allegiance Coal USA Limited

United States Bankruptcy Court, D. Delaware · Jun 7, 2024

The debtors’ argument that the fees may be paid relies on paragraph 17 of the DIP Order, which is the provision that establishes the carve out. … The overall structure of the DIP Order clearly provides that as between the beneficiaries of the carve out and the DIP lender, the repayment of the DIP loans is subordinated to the carve out.