Case law

In Re PYXSYS Corp.

288 B.R. 309 · United States Bankruptcy Court, D. Massachusetts · Jan 3, 2003

Indeed, there is a well established line of case law granting administrative expense priority for the postpetition storage of estate property. … that case, this Court ruled that postpetition rental receipts should be applied against a lessor’s *319 gross claim, but should not be applied against the cap imposed by § 502(b)(6). 9 Regarding the security deposit, it is clearly

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

148 B.R. 97 · United States Bankruptcy Court, D. Massachusetts · Dec 14, 1992

The Divisions had not established a record of profitability. And even their ability to break even was tenuous. 25. … It is not clear that the findings in paragraph 40 above establish a cause of action under G.L. c. 109A, § 7.

Sheedy v. Deutsche Bank National Trust Co. (In re Sheedy)

480 B.R. 204 · United States Bankruptcy Court, D. Massachusetts · Sep 27, 2012

The court in Fidler added: “professional education is not a prerequisite to qualify as an expert witness. One can qualify as an expert witness based upon practical experience as well.” Id. (citing Southern Cement Co. v. … [this] principle ... is well established ...”); Livonia Prop.

Gray v. Executive Risk Indemnity, Inc. (In Re Molten Metal Technology, Inc.)

271 B.R. 711 · United States Bankruptcy Court, D. Massachusetts · Jan 3, 2002

They must state clearly what items are to be excluded. The Stop & Shop Cos., Inc. v. Fed. Ins. Co., 136 F.3d 71, 73 (1st Cir.1998). … The Court will make a ruling of law that certain facts are uncontroverted and therefore deemed established, will recite the facts so established, and, if appropriate, will rule that there is no genuine issue as to any material

Boston Regional Medical Center, Inc. v. Reynolds (In Re Boston Regional Medical Center, Inc.)

298 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Aug 14, 2003

As a condition of granting such authority, the Co-Guardians were obligated to establish that the proposed transfers were “in keeping with the ward’s wishes so far as they can be ascertained.” 19 The basis of the present counterclaim … She clearly intended a gift to BRMC, and the restriction was a refinement of the gift, not a diversion.

In Re Vitalsigns Homecare, Inc.

396 B.R. 232 · United States Bankruptcy Court, D. Massachusetts · Oct 29, 2008

On July 3, 2008 the Chapter 7 Trustee sought Court approval to establish a procedure to disclose certain information to ABC in order for ABC to conduct due diligence in connection with its anticipated offer to purchase the … Moreover the Court is mindful of the principle of statutory construction that “when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary

Morton Shoe Companies, Inc. v. Herbert & Boghosian, Inc.

36 B.R. 14 · United States Bankruptcy Court, D. Massachusetts · Nov 4, 1983

It was undisputed at trial that the transfer qualified under subsections (A), (C), and (D). … The architect, however, did not certify until December 8, 1981 and January 12, 1982, clearly after the date of payment.

Braunstein v. UIU Health & Welfare Fund (In Re Broderick Co.)

177 B.R. 430 · United States Bankruptcy Court, D. Massachusetts · Feb 9, 1995

On the basis of the facts to which the Defendant has stipulated, the Defendant clearly has conceded four elements of the Trustee’s cause of action: that the Debtor made the transfers at issue in the amounts alleged; that … Therefore, the Trustee can be deemed to have satisfied this requirement only if the Fund itself qualifies as a creditor with respect to these payments.

In Re Robbins

119 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Sep 11, 1990

This wording is crucial, for the same phrase is used in the section establishing the nature and value of a secured claim. … Section 506(b) draws the distinction even more clearly.

Fitzgerald v. Cheverie (In Re Edward Harvey Co.)

68 B.R. 851 · United States Bankruptcy Court, D. Massachusetts · Jan 9, 1987

In support of his waiver argument, the Trustee asserts that Cheverie failed to qualify his acceptance of rent as use and occupation; failed to indicate that he intended to exercise his right of forfeiture, and delayed for … Clearly, part of the alleged consideration testified to by Richard Cheverie was valueless.

In re Charles Street African Methodist Episcopal Church

480 B.R. 66 · United States Bankruptcy Court, D. Massachusetts · Sep 11, 2012

CSAME alleges that OneUnited solicited other parties’ votes in *69 bad faith and in violation of the provisions of the Bankruptcy Code; CSAME does not contend — and clearly it is not the case — that OneUnited, by its premature … Even if CSAME were to prove its allegations in that regard, it would not establish bad faith.

Executive Risk Indemnity, Inc. v. Boston Regional Medical Center, Inc. (In Re Boston Regional Medical Center, Inc.)

285 B.R. 87 · United States Bankruptcy Court, D. Massachusetts · Apr 2, 2002

These demands — for a determination that the stay and injunctions do not enjoin payment of defense costs, and, in the alternative, for relief from the stay and injunctions to permit payment of such costs — clearly arise under … If the remaining pool were, in the end, insufficient to pay all qualified claims of insureds to coverage — a result that is entirely possible here — then the initial payments would impair the rights of the remaining insured

Discenza v. MacDonald (In Re MacDonald)

50 B.R. 255 · United States Bankruptcy Court, D. Massachusetts · Jun 20, 1985

Since the judgment did not qualify under the terms of question 10 on the debtor’s statement of financial affairs it was not listed there. … The debtor’s failure to list a 1978 Lincoln Mark V as an asset is clearly due to the fact that the debtor does not own the vehicle. It is owned, rather, by Gordon MacDonald Associates, Inc.

In Re Ponn Realty Trust

4 B.R. 226 · United States Bankruptcy Court, D. Massachusetts · May 9, 1980

Hence the debtor con: ludes that if the debt- or Trust qualifies as “person” under the Code, then it is a per entity for relief under Chapter 11. … Clearly, the Code does not explicitly exclude a Chapter 11 proceeding for a single-family residence, however, that in and of itself does not conclusively establish the converse. It is but the first step.

In Re Standard Financial Management Corp.

77 B.R. 324 · United States Bankruptcy Court, D. Massachusetts · Jul 16, 1987

Otherwise, immunity is too easily obtained for damaging documents and the facts contained therein, by simply deliberately arranging an accidental disclosure. … In this criminal matter pending before the Grand Jury, the individual was clearly encouraged to produce more documents.

In Re Miraj and Sons, Inc.

192 B.R. 297 · United States Bankruptcy Court, D. Massachusetts · Feb 16, 1996

The First Commitment Letter was clearly executed by both parties contemporaneously with the Note. … This letter also establishes a bar date of 90 days from the date of the letter or the postmark, whichever is later, for filing claims resulting from the disaffirmance. Id.

In Re Gillis

333 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Oct 14, 2005

The Debtor has established that he will likely be able to satisfy the loan-to-value requirement. … MERS makes no normal objection on the basis of lack of adequate protection, but adequate protection considerations clearly inform its objection under § 1322(b)(5) and its argument in general.

Doucette v. Kwiat (In Re Kwiat)

62 B.R. 818 · United States Bankruptcy Court, D. Massachusetts · Jun 30, 1986

. § 523 (a)(4), as established by disciplinary rules adopted by the state’s highest court. … Consequently, it was possible that the findings in the state court would not have qualified the plaintiff for summary judgment. In In re Longo, 37 B.R. 900 (Bankr.D.Mass.1984) a trial was held by the bankruptcy court.

Idak Corp. v. Hiam (In Re Idak Corp.)

19 B.R. 765 · United States Bankruptcy Court, D. Massachusetts · Apr 6, 1982

Such a result would clearly be contrary to the policy of the Bankruptcy Act. … Furthermore, the statement by Debtors’ counsel did not clearly identify what rights the Debtors intended to waive.

Gray Ex Rel. Dehon Inc. v. Western Environmental Services & Testing, Inc. (In Re Dehon Inc.)

352 B.R. 546 · United States Bankruptcy Court, D. Massachusetts · Oct 12, 2006

The Order approving the bidding procedures in connection with the sale (the "Bidding Procedures Order”) established the time and manner of the solicitation of higher offers, defined a "Qualifying Bid” and established the … dates and procedures for the auction of the assets in the event the Debtors received a Qualifying Bid before the deadline.