Case law

Barry v. Santander Bank, N.A. (In re Liberty State Benefits of Delaware, Inc.)

541 B.R. 219 · United States Bankruptcy Court, D. Delaware · Oct 26, 2015

Had Santander done its required due diligence, it would have discovered that Chalmers was not qualified to serve as trustee under the terms of the formal trust agreement. 7 Id. … With respect to the other three transactions, the Court concludes that the Trustee’s claims are immune from the in pari delicto defense under the adverse interest exception.

Big v Supermarkets, Inc. v. Wakefern Food Corp. (In Re Big v Holding Corp.)

267 B.R. 71 · United States Bankruptcy Court, D. Delaware · Sep 14, 2001

If the member sells to a qualified successor the purchase volume remains within Wakefern. 2.4. Qualified Successor. … Sho-pRite’s private label penetration and performance is clearly superior compared to the industry average of 16%.

American Home Mortgage Investment Corp. v. Lehman Bros. (In Re American Home Mortgage, Holdings, Inc.)

388 B.R. 69 · United States Bankruptcy Court, D. Delaware · May 23, 2008

Thus, in order to qualify as a “repurchase transaction,” the Subordinated Notes must qualify as mortgage loans, interests in mortgage related securities or interests in mortgage loans. 55 The Court’s analysis of these three … The Subordinated Notes were issued by Broadhollow and secured by mortgage loans owned by Broadhollow. 62 Clearly, the mortgage loans owned by Broadhollow would qualify as “mortgage loans” as the term is used in section 101

Matter of Continental Airlines, Inc.

146 B.R. 520 · United States Bankruptcy Court, D. Delaware · Aug 6, 1992

Movants must establish a benefit to the estate to receive priority payment ahead of the other general unsecured claims. … While mere possession is not sufficient to qualify for an administrative expense under section 503(b), neither must the standard be impossible to meet.

SWE & C Liquidating Trust v. Saudi Arabian Oil Co. (In Re Stone & Webster, Inc.)

373 B.R. 353 · United States Bankruptcy Court, D. Delaware · Aug 31, 2007

Those three elements are sufficient to establish constitutional standing. … As will be shown below, Shaw does not qualify under the second and third elements. II.

In Re Worldwide Direct, Inc.

259 B.R. 56 · United States Bankruptcy Court, D. Delaware · Feb 14, 2001

In large cases, committee ad-visors are typically retained and usually well-qualified to assist the committee in the performance of all of its duties. … That extra step is clearly not necessary if the member reviews the pleadings itself. We make this finding specifically in the context of this case.

In re Maremont Corp.

601 B.R. 1 · United States Bankruptcy Court, D. Delaware · May 17, 2019

Holders of a Disease Level V Claim may also seek to establish that such claim qualifies as an Extraordinary Claim under Section 5.4(a) below. … Whether a Disease Level V Claim qualifies as an Extraordinary Claim under Section 5.4(a) shall be established only under the Individual Review Process (" IR Process ").

Miller v. Greystone Business Credit II, LLC (In re USA Detergents, Inc.)

418 B.R. 533 · United States Bankruptcy Court, D. Delaware · Oct 16, 2009

Clearly, USAD was reiterating GBC’s argument and was arguing that GBC had failed to meet its burden. The Court is satisfied that judicial estoppel does not apply. D. … In order to establish a case for aiding and abetting breach of fiduciary duty, a plaintiff must establish: “(1) the existenee of a fiduciary relationship; (2) proof that the fiduciary breached its duty; (3) proof that a defendant

In Re Summit Metals, Inc.

379 B.R. 40 · United States Bankruptcy Court, D. Delaware · Dec 4, 2007

b)(3)(C), (D) or (F); and (ii) whether Richardson’s fees qualify for reimbursement under section 503(b)(4). … Kelly (“Kelly”), Jepsco’s president, chief executive officer, sole di *50 rector, and sole employee, qualifies it as a creditor of the Debtor.

In re Brookstone Holdings Corp.

592 B.R. 27 · United States Bankruptcy Court, D. Delaware · Oct 1, 2018

accordance with a "store closing" and other mutually agreed upon themed sale, and recommend appropriate point-of-purchase, point-of-sale, and other internal and external advertising in connection therewith; (ii) Provide qualified … Because the undisputed record clearly establishes that Hilco was not hired to conduct an auction on behalf of Debtor, the Court concludes that Hilco has not been engaged as an "auctioneer" for the purposes of § 327(a).

In re M&G U.S. Corp.

599 B.R. 256 · United States Bankruptcy Court, D. Delaware · May 6, 2019

Allowance of professional fees under section 503(b)(4) is *262 therefore contingent upon establishing a claim under section 503(b)(3)(D). … The Bankruptcy Code does not define "substantial contribution," but nearly all courts and the leading bankruptcy treatise agree that the contribution must provide "tangible, clearly demonstrable benefits to the estate." 5

In Re Foothills Texas, Inc.

408 B.R. 573 · United States Bankruptcy Court, D. Delaware · Jul 28, 2009

As such, this court finds no basis for proclaiming a rigid rule to determine who qualifies as a corporate officer— *582 beyond observing that proof of officer status requires more than just a title, and less than actual control … As the payments here are clearly retentive, section 503(c)(2) is not implicated. Section 503(b)(3) would only be applicable were the Court to find that Messrs. Drennan and/or Moustakis are not officers.

HLI Creditor Trust v. Metal Technologies Woodstock Corp. (In re Hayes Lemmerz International, Inc.)

339 B.R. 97 · United States Bankruptcy Court, D. Delaware · Mar 6, 2006

The remaining 12 invoices, which were paid by Check Number 9897, are clearly outside the normal range established during the parties business relationship, and the Court finds and concludes that the portion of the eighth … An additional $40,974.64 of goods provided by Defendant does not qualify for the new value defense because the goods were provided prior to any preferential transfer against which the new value could be credited. .Pursuant

In re Washington Mutual, Inc.

485 B.R. 510 · United States Bankruptcy Court, D. Delaware · Dec 19, 2012

Cruachem, Ltd., 772 F.Supp. 1458, 1471-72 (D.Del.1991) (holding that the ownership of a Delaware subsidiary in the taxing state, standing alone, does not qualify as a continuous and systematic contact to meet the due process … Oregon responds that the Quill Court established a bright-line physical presence requirement only with respect to sales and use taxes and not corporate excise tax.

Zazzali v. 1031 Exchange Group (In re DBSI, Inc.)

478 B.R. 192 · United States Bankruptcy Court, D. Delaware · Aug 14, 2012

Plaintiff’s Choice of Forum It is well-established that the plaintiffs choice of forum “should not be lightly disturbed.” Jumara, 55 F.3d at 879 . … This is a mischaracterization of the opinion, however, as I clearly stated about the avoidance action in that case: “The essential transactions simply involved the sending and receiving of invoices and checks.” Id.

Tsa Stores, Inc. v. Sport Dimension Inc. (In re Tsawd Holdings, Inc.)

601 B.R. 599 · United States Bankruptcy Court, D. Delaware · Apr 12, 2019

It was clearly within the scope of the Term Loan Agent's duties to ascertain what other interests existed on property that it was taking as security for the Term Loan. … Even if the Debtors' statements alone could establish "substantial engagement," they do not establish the Term Loan Agent's actual knowledge at the time the Term Loan was extended.

HLI Creditor Trust v. Metal Technologies Inc. (In re Hayes Lemmerz International, Inc.)

337 B.R. 49 · United States Bankruptcy Court, D. Delaware · Jan 26, 2006

The remaining 12 invoices, which were paid by Check Number 9897, are clearly outside the normal range established during the parties business relationship, and the Court finds and concludes that the portion of the eighth … An additional $40,974.64 of goods provided by Defendant does not qualify for the new value defense because the goods were provided prior to any preferential transfer against which the new value could be credited. .Pursuant

In Re Nutritional Sourcing Corp.

398 B.R. 816 · United States Bankruptcy Court, D. Delaware · Dec 23, 2008

A party and its employees may certainly be qualified to give expert testimony, and each of the witnesses here appears to have spent some time in the textile or apparel industries, but none was offered or qualified as an expert … Expert testimony is not absolutely required to establish a specific trade meaning usage.

In Re Harnischfeger Industries, Inc.

293 B.R. 650 · United States Bankruptcy Court, D. Delaware · May 15, 2003

As - this issue was clearly raised prior to the execution of the Scheduling Order and the parties took discovery on it, Beloit Austria was clearly on notice of a defense of setoff. … Claimants who seek payment ahead of other unsecured claims bear the burden of establishing that their claim qualifies for priority status.

Giuliano v. U.S. Nursing Corp. (In Re Lexington Healthcare Group, Inc.)

339 B.R. 570 · United States Bankruptcy Court, D. Delaware · Feb 2, 2006

USNC contends that this information is necessary in order to establish the Trustee’s standing pursuant to section 544(b). … “The Complaint clearly satisfies the requirement of Rules 8 and 9(b)....