Case law

Aero-Fastener, Inc. v. Sierracin Corp. (In Re Aero-Fastener, Inc.)

177 B.R. 120 · United States Bankruptcy Court, D. Massachusetts · Dec 30, 1994

Accordingly, Sierracin’s forbearance of going forward on its bulk attachment motion fails to qualify as contemporaneous “new value” for purposes of § 547(c)(1). … The Court finds that the exchange of goods contemplated between the parties under the Settlement Agreement was clearly supported by consideration as (1) there was clearly a bargained-for exchange between the parties, and

Riley v. Decoulos (In Re American Bridge Products, Inc.)

328 B.R. 274 · United States Bankruptcy Court, D. Massachusetts · Jun 29, 2005

Corp., 547 F.2d at 3 (“a receiver who faithfully and carefully carries out the orders of his appointing judge must share the judge’s absolute immunity”), Decoulos *328 asserts, as a consequence, that he is immune from suit … The Court then engaged in the following discussion, clearly identifying the receivership as separate from the receiver personally.

Murphy v. Nunes (In Re Terrific Seafoods, Inc.)

197 B.R. 724 · United States Bankruptcy Court, D. Massachusetts · Jul 2, 1996

Moreover, this course of conduct is clearly deliberate_” Id. at 999-1000 . DiSandro lied quite deliberately. … First, I find that the trustee did not establish Terrific’s insolvency.

Cruickshank v. George R. Roberts Co. (In re Bos. Grand Prix, LLC)

599 B.R. 448 · United States Bankruptcy Court, D. Massachusetts · May 10, 2019

Clearly during the Preference Period, communications from Roberts took on an urgency not seen prior.... … Mining Co. , which is consistent with those of the Seventh and Ninth Circuits, establishes that even a first time transaction can qualify for the exception. 798 F.3d at 989 .

In Re Pettey

288 B.R. 14 · United States Bankruptcy Court, D. Massachusetts · Jan 21, 2003

First, though the Debtor clearly knew of his obligation to Elinore Davey when he filed these documents (whether the obligation had by then been reduced to a contempt judgment or not), nowhere in them did he list her as a … Chapter 13 (I make no ruling at this time on the Belangers’ arguments to the contrary), but the Debtor would first have to reduce his total noncontingent, liquidated, unsecured debts to below the eligibility limit in order to qualify

DiVittorio v. HSBC Bank, USA, N.A. Ex Rel. Ace Securities Corp. Home Equity Loan Trust (In Re DiVittorio)

430 B.R. 26 · United States Bankruptcy Court, D. Massachusetts · May 28, 2010

Please ask us for our current Interest Rates and Margins. 21 As emphasized above, the interest rate was subject to a performance based rate reduction feature (the “Reduction Feature”) by which the Debtor would qualify for … I concur and conclude that as disclosure statutes, TILA and the CCCDA require any waiver of such claims to be clearly and conspicuously disclosed.

Denittis v. Educational Credit Management Corp. (In Re Denittis)

362 B.R. 57 · United States Bankruptcy Court, D. Massachusetts · Jan 18, 2007

She is qualified as a sign language interpreter but because of her symptoms is unable to perform this type of work. … While this Debtor does not rely upon the kindness of strangers, she clearly relies upon her parents and sister for financial assistance.

In Re Organogenesis Inc.

316 B.R. 574 · United States Bankruptcy Court, D. Massachusetts · Oct 19, 2004

As previously noted, the WARN Act clearly requires that even when the faltering company defense applies, notice must be given as soon as is practicable. … Time is clearly of the essence.

In re Old Colony, LLC

476 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Jul 16, 2012

Waters Edge Limited Partnership: The Maginot line is clearly drawn. … The parties have agreed that both the Debt- or's and Wells Fargo's appraisers are qualified to testify as expert witnesses. Stip. Fact 6. .

McMillen v. Kadis (In re McMillen)

390 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · May 7, 2008

Kadis’s promise of an additional $75,000 and of a mortgage to secure it certainly qualifies as “other good and •valuable consideration” received. … Although McMillen did indeed breach his obligation to pay rent, I find that Kadis has failed to establish that McMillen made the promise to pay rent without intent to honor that promise.

Access Cardiosystems, Inc. v. Fincke (In Re Access Cardiosystems, Inc.)

404 B.R. 593 · United States Bankruptcy Court, D. Massachusetts · Apr 17, 2009

suppliers were being added to exploit new credit lines and that these new suppliers were, at times, “less qualified, second and third tier suppliers, and some were added before they were qualified by the company.” … Fincke testified that the meaning of “manufacturing stability” depends on a particular company’s state of production and its progression- — what qualifies as “stable” for one company may not so qualify for another.

D. Federico Co. v. New Bedford Redevelopment Authority (In Re D. Federico Co.)

16 B.R. 282 · United States Bankruptcy Court, D. Massachusetts · Dec 29, 1981

I find that enough of the pier was in place in the Spring of 1974 to put a prudent and qualified engineer on notice that the wharf walls were not constructed simply of stone on timber cribbing, that the east end *288 of the … Furthermore, the evidence introduced at the trial clearly revealed that these alleged defects were not discovered within the year.

In Re O'Neal

462 B.R. 324 · United States Bankruptcy Court, D. Massachusetts · Dec 16, 2011

response to the Court order of August 3, 2009, which the Debtor submitted to the TSP Legal Processing Unit, that Unit refused to honor the Probate Court order, explaining that “[t]o be honored by the TSP, a court order must qualify … These provisions clearly provide a "Federal law” exemption under Section 522(b)(2)(A) which will exempt both CSRS and FERS systems from the bankruptcy estate unless the phrase "except as otherwise may be provided by Federal

In RE McMILLEN

390 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · May 7, 2008

Kadis's promise of an additional $75,000 and of a mortgage to secure it certainly qualifies as "other good and valuable consideration" received. … Although McMillen did indeed breach his obligation to pay rent, I find that Kadis has failed to establish that McMillen made the promise to pay rent without intent to honor that promise.

Gibbons v. Haddad (In Re Haddad)

68 B.R. 944 · United States Bankruptcy Court, D. Massachusetts · Jan 16, 1987

It summarized Marathon in this fashion: “The court’s holding in that case establishes only that Congress may not vest in a non-Article III court the power to adjudicate, render final judgment, and issue binding orders in … Our conclusion is reinforced when the other clearly constitutional powers of the bankruptcy court are compared with the purpose and effect of civil contempt powers.

In re Charles Street African Methodist Episcopal Church

478 B.R. 73 · United States Bankruptcy Court, D. Massachusetts · Sep 11, 2012

CSAME disputes parts (i) and (ii) of OneUnited’s argument, disputes part (iii) insofar as it contends that CSAME holds its assets as a nominee trustee (but does not deny that if a trust relationship is established, then CSAME … would remain a religious corporation in its own right. *85 (ii) Engagement in Business Second, engagement in business is not an essential attribute of a “corporation” for purposes of § 101(9), only of a trust that would qualify

In Re Hayes

376 B.R. 55 · United States Bankruptcy Court, D. Massachusetts · Sep 26, 2007

” leads to the conclusion that deductions for secured payments are only allowed if they “will be made ‘subsequent to’ or ‘after’ the petition date, and payments for surrendered property that will never be made would not qualify … For instance, other portions of the means test, as expressed in Form 22A, clearly do not take into consideration a factually accurate picture of the debtor’s financial situation.

In Re Sparfven

265 B.R. 506 · United States Bankruptcy Court, D. Massachusetts · Jul 25, 2001

The Debtor established an estate plan in 1990 and was represented by Rhode Island attorneys. … The Debtor’s domicile was clearly in Rhode Island prior to the Sparfvens’ move to Florida in January of 1998. Mr.

Ferrari v. Barclays American/Business Credit, Inc. (In Re Morse Tool, Inc.)

87 B.R. 745 · United States Bankruptcy Court, D. Massachusetts · Jun 7, 1988

Pursuant to a procedure established in the order, the Creditors’ Committee timely objected to Barclays’ secured claim. … This should not be construed as a finding that the minimum charge provision would qualify as "reasonable” under § 506(b).

Juniper Development Group v. Kahn (In Re Hemingway Transport, Inc.)

174 B.R. 148 · United States Bankruptcy Court, D. Massachusetts · Nov 1, 1994

Delaney testified that he observed drums at the rear of the property, which were clearly visible from the path as well as the railroad tracks. … The government moved for summary judgment, arguing that the failure to conduct an inspection established that the buyer did not qualify as an innocent purchaser as a matter of law. Id. at 352 .