Case law

In Re NorthWestern Corp.

325 B.R. 346 · United States Bankruptcy Court, D. Delaware · May 5, 2005

A qualifying “transaction” was defined to include confirmation of a chapter 11 plan of reorganization. … Clearly Exhibit “A” fails that test because, as admitted by Mr.

Official Committee of Unsecured Creditors of the IT Group, Inc. Ex Rel. Estate of IT Group, Inc. v. Jointa Galusha, LLC (In Re IT Group, Inc.)

326 B.R. 270 · United States Bankruptcy Court, D. Delaware · Jun 7, 2005

The burden is clearly on Plaintiff to establish that the funds paid to Defendants were not part of the trust assets. Robert S. Cooper v. … The statute itself does not in any way qualify the types of claims that subcontractors may have against the trust assets.

White v. New Century TRS Holdings, Inc. (In re New Century TRS Holdings, Inc.)

502 B.R. 416 · United States Bankruptcy Court, D. Delaware · Dec 6, 2013

A custodian of records “or another qualified witness” may testify about business records to fall within an exception to the rule against hearsay. … Nothing in that statement of counsel supports the Whites' assertion that the Trustee or Debtors' counsel was "clearly was aware of the fraudulent nature of the documents...." (D.I. 108, ¶ 37, ¶ 38, Ex. E).

In re Flintkote Co.

486 B.R. 99 · United States Bankruptcy Court, D. Delaware · Dec 21, 2012

There are three elements that must be established for a party to establish standing under the Constitution. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). … The circumstances here are clearly inapposite, as Flintkote is: (1) not an individual debtor, (2) not liquidating, and (3) continuing to engage in business post-confirmation. S.

Matter of Harvard Industries, Inc.

138 B.R. 10 · United States Bankruptcy Court, D. Delaware · Mar 10, 1992

More importantly, the New Hampshire Supreme Court has clearly stated that this statute creates a private cause of action. Bagley v. Controlled Environment Corp., 127 N.H. 556 , 503 A.2d 823 (1986). … Both Harvard and Newmarket have suggested, and the court agrees, that Harvard establish a trust fund for distribution on Newmarket’s claim. IV.

Official Committee of Unsecured Creditors of Midway Games Inc. v. National Amusements Inc. (In Re Midway Games Inc.)

428 B.R. 303 · United States Bankruptcy Court, D. Delaware · Mar 19, 2010

The Redstone Defendants did not seek a qualified, strategic purchaser. 6. … Ernst & Young, L.L.P., 906 A.2d 168, 173 (Del.Ch.2006), wherein the court clearly stated that, “Parent corporations do not owe such subsidiaries fiduciary duties. That is established Delaware law.”

TSA Stores, Inc. v. M J Soffe, LLC (In re TSAWD Holdings Inc.)

565 B.R. 292 · United States Bankruptcy Court, D. Delaware · Mar 6, 2017

A Rule 12(c) motion will be granted where the movant clearly establishes that no material issue of fact remains to' be resolved and that the mov-ant is entitled to judgment as a matter of law. Perez v. … Soffe argues that the arrangement between it and the Debtors does not qualify as an Article 9 consignment. 1.

In Re Nortel Networks Corporation

426 B.R. 84 · United States Bankruptcy Court, D. Delaware · Mar 9, 2010

The PPF is a U.K. statutory body established under the U.K. Pensions Act 2004 (the “U.K. Pensions Act”). … It is clearly a pecuniary matter, and, notwithstanding the importance of the financial matter to the private Trustee, under the case law does not qualify as a matter of public safety or welfare. See, e.g., Brock v.

Argus Management Group v. Chanin Capital Partners, LLC (In re CVEO Corp.)

320 B.R. 258 · United States Bankruptcy Court, D. Delaware · Jan 24, 2005

Has Chanin established an ordinary course defense? … The Plaintiff argues that it clearly was not in the ordinary course of the Debtor’s business, which was the manufacture and sale of sneakers.

Superior Contracting Grp. Inc. v. Rachmale (In re LTC Holdings, Inc.)

587 B.R. 25 · United States Bankruptcy Court, D. Delaware · Jun 12, 2018

under title 11, and (4) proceedings related to a case under title 11. 54 The first three categories are considered "core" proceedings, and the last category "non-core" proceedings. 55 To the extent a proceeding fails to qualify … This clearly falls within the boundaries of "related to" jurisdiction for derivative claims.

IT Group, Inc. v. Bookspan (In Re IT Group, Inc.)

305 B.R. 402 · United States Bankruptcy Court, D. Delaware · Feb 3, 2004

The Plan constitutes an unfunded plan that is not qualified under [Internal Revenue Code] Section 401(a). (Deferred Compensation Plan at ¶ 1.) … The Deferred Compensation Plan documents all clearly provide that the Plan participants have no greater rights to the Plan and Trust assets than a general unsecured creditor.

Guiliano v. Almond Investment Co. (In Re Carolina Fluid Handling Intermediate Holding Corp.)

467 B.R. 743 · United States Bankruptcy Court, D. Delaware · Mar 14, 2012

Plain and simple, Almond side stepped the normal protocol to assume and assign contracts in 2009 in an attempt to immunize their notable exposure to receipt of preference transfers. … of finding that the bankruptcy court is required to make with regard to all new contracts entered into by the trustee without prior court approval during the administration of the estate in order for those contracts to qualify

Casino Caribbean, LLC v. Money Centers of America, Inc. (In re Money Center of America, Inc.)

544 B.R. 107 · United States Bankruptcy Court, D. Delaware · Jan 28, 2016

QCA clearly presents questions of law and fact similar to the Plaintiffs and therefore judicial economy and consistency are served by adjudicating all claims in a single proceeding. … In its Brief, QCA cites Collier on Bankruptcy ¶ 541.28, 11 USC § 1111 (a) and two cases 7 to establish that QCA is a creditor under § 1109(b).

In re New Century TRS Holdings, Inc.

495 B.R. 625 · United States Bankruptcy Court, D. Delaware · Jul 29, 2013

Gross income is used across the board to qualify borrowers. So since this is nontaxed income, we grossed it up.” … The party seeking to rely on the apparent authority of a putative agent must establish: (1) that the appearance of authority has been created by the conduct of the alleged principal and it cannot be established alone and

In Re Finova Capital Corp.

356 B.R. 609 · United States Bankruptcy Court, D. Delaware · Dec 6, 2006

The financing order established the procedure for FINOVA to obtain relief from the automatic stay upon three days notice. (PTE 22 ¶¶ 9-10.) … Levy clearly did not believe that section 8(a)(ii) addressed FI-NOVA’s right to credit bid.

9586 LLC v. Great American Group LLC (In re Abound Solar Manufacturing, LLC)

547 B.R. 611 · United States Bankruptcy Court, D. Delaware · Mar 1, 2016

To this end we have established the following which will be expanded upon/modified during our operational meetings with the onsite Abound teams: • Only pre qualified, highly experienced, clean tech knowledgeable rigging concerns … The Plaintiff further argues that “[i]f the elements of unjust enrichment are established, a plaintiff may be entitled to relief, even in the face of a contract with a clearly expressed contrary intent, if justice requires

In Re Sportsman's Warehouse, Inc.

436 B.R. 308 · United States Bankruptcy Court, D. Delaware · Aug 3, 2009

In such circumstances, therefore, rent is clearly an “actual, necessary” cost of preserving the estate, since the debtor’s survival depends on its ability to pay the landlord for the right to possess the space necessary to … But, the Third Circuit immediately qualified its statement that rent is an actual and necessary expense by noting that “[b]ecause bankruptcy proceedings are considered to be equitable, however, the landlord’s right to collect

Opioid Master Disbursement Trust II v. Covidien Unlimited Company

United States Bankruptcy Court, D. Delaware · Aug 20, 2025

Having reviewed the documents submitted by Covidien, as well as the case law, the □ Court finds that Covidien has not met its burden in establishing that CIFSA qualifies as a financial participant for purposes of … As noted above, to qualify as a financial participant, Covidien must establish that CIFSA had “securities contracts” in the requisite amount and during the relevant time frames.

In Re Nextmedia Group, Inc.

440 B.R. 76 · United States Bankruptcy Court, D. Delaware · Nov 5, 2010

In deciding that Vague had no rights under the option agreements, the court took special notice that: (1) the right to exercise the options was set forth in an unambiguous contract, (2) the terms of the contract clearly established … NextMedia clearly did not have a duty to tip its hand and provide CBS with legal advice or to otherwise interpret the Agreement for CBS.

Zazzali v. Minert

468 B.R. 663 · United States Bankruptcy Court, D. Delaware · Dec 30, 2011

These allegations clearly identify information falling within the purview of “Confidential Information” as defined in the CNAs. … Thus Defendants’ argument that the December 8 Letter establishes that there was no breach of fiduciary duty fails.