Case law

In Re Dbsi, Inc.

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.

In Re W.R. Grace & Co.

403 B.R. 317 · United States Bankruptcy Court, D. Delaware · Apr 14, 2009

(b)10 years after the claim arose ... the defendant, on pleading this Act as a defence, is entitled to immunity from liability in respect of the claim.” R.S.A., ch. … "Limiting the class to members who qualify under § 15-5-150 simply excludes class members who would otherwise have no access to [South Carolina] courts via individual lawsuits.” Monsanto, 579 S.E.2d at 328 . 56 .

In Re New Century Trs Holdings, Inc.

446 B.R. 656 · United States Bankruptcy Court, D. Delaware · Apr 11, 2011

Claimants who seek to have their claims paid ahead of general unsecured creditors bear the burden of establishing that their claim qualifies for priority status. … Moreover, the allegations underlying the claim clearly are not actual or necessary costs of preserving the estate. Mr.

In Re Clearpoint Business Resources, Inc.

442 B.R. 292 · United States Bankruptcy Court, D. Delaware · Dec 30, 2010

The evidence of the Debtors’ and StaffChex’s conduct shows clearly and convincingly that the parties orally modified the Agreements. … Debtors claim that despite the termination qualifying payments, Staff-Chex failed to transfer the customer accounts to Debtors.

Bisk Education, Inc. v. Aspect Software, Inc. (In re Aspect Software Parent, Inc.)

578 B.R. 718 · United States Bankruptcy Court, D. Delaware · Sep 6, 2017

As the Court noted in MeterLogic: [Integration clauses do not “cloak defendants with immunity” from fraudulent statements. … Bisk responds that dismissal of the unjust enrichment claim is premature until the existence of an express breach of contract claim is established.

In Re Sun TV and Appliances, Inc.

234 B.R. 356 · United States Bankruptcy Court, D. Delaware · May 6, 1999

We do not find the presence of those non-retail establishments to be determinative. … If an "individualized approach to exclusive use clauses” bars a finding that an area is a shopping center, then the enclosed mall in this case would not qualify as such.

Re: LESLIE CONTROLS, INC.

437 B.R. 493 · United States Bankruptcy Court, D. Delaware · Sep 21, 2010

First, the Court mistakenly states that “communications regarding business matters' — even where litigation is pending or imminent — do not qualify for protection from discovery under the common interest rule.” 22 That statement … Each of those parties clearly desired to obtain the largest share of those assets as possible. However, the parties shared a common interest in maximizing the asset pool, which would include insurance proceeds.

In re Caribbean Petroleum Corp.

512 B.R. 774 · United States Bankruptcy Court, D. Delaware · Jul 9, 2014

addressing a bankruptcy court’s jurisdiction over post-confirmation disputes and found that the malpractice claims at issue did not constitute claims with the requisite nexus to the bankruptcy case and therefore did not qualify … The Resorts rationale clearly applies. DISCUSSION There is no question that the releases provided to the Zeevis pursuant to the Plan were and are proper.

Crown Village Farm, LLC v. Arl, L.L.C. (In Re Crown Village Farm, LLC)

415 B.R. 86 · United States Bankruptcy Court, D. Delaware · Jun 12, 2009

The debtor bears the burden of establishing good faith. In re SGL Carbon Corp., 200 F.3d 154 , 162 n. 10 (3d Cir.1999). … In determining diversity of citizenship, limited liability companies qualify as citizens of the state in which their members are citizens. Ketterson v. Wolf, No. Civ. A. 99-689-JJF, 2001 WL 9409009 (D.Del.

Burtch v. Opus, LLC (In re Opus East, LLC)

528 B.R. 30 · United States Bankruptcy Court, D. Delaware · Mar 23, 2015

in July, 2004), ODP Princeton, LLC (“ODP Princeton”) (established in April, 2006), ODP Manassas, LLC (“ODP Manassas”) (established in January, 2008) and ODP Enterprise, LLC (“ODP Enterprise”) (established in October, 2008 … NO. 95-989, at 88 (1978), reprinted in 1978 U.S.C.C.A.N. 5787, 5874 (if a creditor qualifies under *95 several of the exceptions in section 547(c), “he is protected by each to the extent that he can qualify under each.”).

Mallinckrodt plc

United States Bankruptcy Court, D. Delaware · Oct 19, 2021

The Debtors have not met their burden here of establishing that the AICs cannot, as a matter of law, establish that the Debtors’ post-petition sales of Acthar are overt acts in furtherance of continuing antitrust violations … The policy of the “fresh start” does not give a debtor immunity to continue to violate the law at the expense of captive creditors who have no alternative but to pay the Debtors’ high price.

Lipscomb ex rel. LMI GUC Trust v. Clairvest Equity Partners Ltd. Partnership (In re LMI Legacy Holdings, Inc.)

553 B.R. 235 · United States Bankruptcy Court, D. Delaware · Jun 3, 2016

Third, severance and transfer of the Trustee’s aiding and abetting claim would clearly be improper. … Furthermore, the Defendants against whom the Trustee has brought claims for breach of fiduciary duty clearly have an interest in any findings of fact related to the aforementioned questions of fact, and would qualify for

In Re Armstrong World Industries, Inc.

285 B.R. 864 · United States Bankruptcy Court, D. Delaware · Oct 22, 2002

The proponent of an expert’s opinion has the burden of establishing both branches of this test by a preponderance of the evidence. Paoli II at 744. … They are quite clearly set out in D5755. But the results flowing from those standards are not calculable.

In Re Washington Mutual, Inc.

450 B.R. 490 · United States Bankruptcy Court, D. Delaware · Jun 1, 2011

In order to qualify for the deferred tax benefits, the plan must be “unfunded,” that is it must provide that any distributions to the employees will come only from the general assets of the company. … In this case the Debtors argue that because the Ahmanson Plans were *503 unfunded and the funds in the Trusts were clearly identified as property of the Debtors, no such tracing is possible. (Ex.

OHC Liquidation Trust Ex Rel. Alvarez & Marsal, LLC v. Discover Re & United States Fidelity & Guaranty Co. (In Re Oakwood Homes Corp.)

342 B.R. 59 · United States Bankruptcy Court, D. Delaware · May 10, 2006

Each party agrees not to assert as a defense in any such action, suit or proceeding, any Claim that it is not subject personally to the jurisdiction of such court; that its property is exempt or immune from attachment or … In light of the fact that each of these three relationships is independent, it is “well-established” that “a letter of credit and the proceeds therefrom are not property of the debtor’s estate.”

Brandt Ex Rel. the Estates of Plassein International Corp. v. B.A. Capital Co. (In Re Plassein International Corp.)

28 A.L.R. Fed. 2d 829 · United States Bankruptcy Court, D. Delaware · Apr 20, 2007

Second, under the Bankruptcy Code, 11 U.S.C. § 546 (e), the transfers are exempt from avoidance because they qualify as settlement payments by a financial institution. DE CISION A. … All of these cases clearly establish that the transfers at issue are exempt from avoidance under section 544 of the Bankruptcy Code. Therefore, the Court will GRANT the Motions to Dismiss. An appropriate Order follows.

Hendry v. Hendry (In Re Hendry)

428 B.R. 68 · United States Bankruptcy Court, D. Delaware · Apr 9, 2010

The Court went on to state that, “[t]his action, I believe, qualifies as a non-dischargeable debt on Mr. Gordon Hendry’s behalf.” Adv. Hr’g Tr. 51. … Accordingly, the first element of larceny is established.

In Re Verasun Energy Corp.

467 B.R. 757 · United States Bankruptcy Court, D. Delaware · Mar 26, 2012

That event qualified as a “Potential Change in Control” under the CIC Agreements, triggering the Executives’ commitment not to leave the company. … Though physically separate documents and signed at different times, they clearly relate to the same subject matter: the Executives’ employment at VeraSun.

Hacienda Heating & Cooling, Inc. v. United Artists Theatre Circuit, Inc. (In Re United Artists Theatre Co.)

410 B.R. 385 · United States Bankruptcy Court, D. Delaware · Aug 26, 2009

However, ESI conditionally waived the right to establish additional violations. (Adv. Doc. # 35, p. 5, n. 9.) 2 . … As supported by the declaration of a paralegal for Hacienda’s counsel, Hacienda’s fax number appears in the Database, thereby establishing its right to share in the Arizona state court’s damage award and establishing that

In re Adi Liquidation, Inc.

555 B.R. 423 · United States Bankruptcy Court, D. Delaware · Jul 26, 2016

The only remedy — a separate grounds for termination of the contract — is clearly spelled out. Fairway’s repeated invocation of a provision that clearly does not apply has no effect upon the analysis. 2. … Note the underlined text herein is meant to qualify the representation made in my previous Declaration submitted in support of Fairway’s response to the objection filed by the Debtors to its proof of claim [D.I. 2435], to