Case law
Opinions from 1658 to today.
70 results
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Rosen v. Kore Holdings, Inc. (In Re Rood)
459 B.R. 581 · United States Bankruptcy Court, D. Maryland · Sep 26, 2011
Here, the various email communications between the individual Defendants clearly establishes “a meeting of the minds in an unlawful arrangement.” Electronics Store, Inc. v. … Plaintiffs’ response to this argument based upon the intracorporate immunity doctrine is found in their consolidated rebuttal to Defendants’ memoranda (D.E.
Cited 12 timesPublished79 B.R. 633 · United States Bankruptcy Court, D. Maryland · Nov 9, 1987
Intent clearly remains the threshold that must be crossed before any other concerns become relevant. … Voss establishes her prima facie case, the burden shifts to Mr. Voss to prove that the $178.00 payments are no longer necessary for Ms. Voss’s support.”).
Cited 25 timesPublishedIn Re National Energy & Gas Transmission, Inc.
351 B.R. 323 · United States Bankruptcy Court, D. Maryland · Sep 28, 2006
If the movant alleges that the opposing party lacks proof to establish requisite elements of its case, the movant must show the absence of such facts. Id. … This result is at odds with established case law. See 8621 Ltd. P’ship v.
Cited 4 timesPublishedUnited States Bankruptcy Court, D. Maryland · Apr 15, 2024
A factual finding is clearly erroneous if “the reviewing court on the entire evidence is left with a firm and definite conviction that a mistake has been committed.” Vancamp, 652 B.R. at 241 (quoting United States v. … Antonelli Creditors’ Liquidating Tr., 123 F.3d 777, 786 (4th Cir. 1997) (holding state may raise sovereign immunity argument for the first time on appeal from the bankruptcy court only “because that immunity has jurisdictional
Cited 0 timesUnknownChristmas v. Maryland Racing Commission (In Re Christmas)
102 B.R. 447 · United States Bankruptcy Court, D. Maryland · Jun 15, 1989
The nature of the crime here, as the Commission believed, clearly could bear a direct and substantial relationship to horse racing. … There is no requirement in the rule that one must enjoy a certain position of wealth in order to qualify.
Cited 10 timesPublishedUSGen New England, Inc. v. TransCanada Pipelines, Ltd. (In Re USGen New England, Inc.)
429 B.R. 437 · United States Bankruptcy Court, D. Maryland · Apr 1, 2010
In fact, the record establishes, by a preponderance of the evidence, that the Gaz Metro Bids did not qualify as bids for new capacity. … Further, the evidence in the record established affirmatively that the Gaz Metro Bids did not qualify as bids for new capacity and in fact were not bids for new capacity.
Cited 2 timesPublishedUnited States Trustee v. Sieber (In re Sieber)
489 B.R. 531 · United States Bankruptcy Court, D. Maryland · Mar 29, 2013
First, it may be established by circumstantial evidence or by inference drawn from a course of conduct. Id. (citing Williamson, 828 F.2d at 252 ). … Clearly any sale of his stock in West-mark was required to be disclosed.
Cited 18 timesPublished292 B.R. 246 · United States Bankruptcy Court, D. Maryland · Apr 24, 2003
Oppenheimer & Co., 779 F.2d 885, 887 (2d Cir.1985) (“Clearly, the policies underlying the federal arbitration act favor enforcement of agreements to arbitrate disputes.”). … The Supreme Court has established a general inquiry regarding a determination as to whether statutory claims may be arbitrated.
Cited 8 timesPublishedUnited States Bankruptcy Court, D. Maryland · Mar 27, 2024
The Debtor’s amended Schedule C provides no information that would explain why or how a legal malpractice claim qualifies for a personal injury exemption under state law. … To recover non-economic damages, that physical injury must also be ‘clearly apparent and substantial,’ more than something merely distressing. Roebuck v. Steuart, 76 Md.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Maryland · Aug 29, 2019
Accordingly, to obtain relief under Section 523(a)(4), Plaintiff “must establish that [Defendants were] acting in a fiduciary capacity. . . … Instead, Plaintiff alleged in the State Court Complaint the existence of an informal relationship of trust between the parties, which clearly does not qualify as a fiduciary relationship as the term is used in Section 523
Cited 0 timesUnknownDavis v. PNC Mortgage, a division of PNC Bank, N.A.
United States Bankruptcy Court, D. Maryland · Jan 29, 2021
PNC’s breach of contract clearly caused other injuries to the Davises that are not susceptible to itemization or arithmetical calculation. … Thus, the Davises have established such damages under the MCPA as well.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Maryland · Aug 20, 2019
Judge Davidson, writing for the Court of Special Appeals, clearly recognized our holdings in the “restriction” case of Metius v. … In this case, Sojourner did not even attempt to proffer an accounting of the loan proceeds to establish that the money was used for educational purposes.
Cited 0 timesUnknownLucas v. Nickens (In Re Lucas)
312 B.R. 559 · United States Bankruptcy Court, D. Maryland · Jul 12, 2004
Likewise, the sentence in the Contractor Agreement in which Plaintiff agreed to hold Defendants “harmless” for “any claim[s] arising] in reference to [Defendants’] services” qualifies as general release language. … Section 110 establishes a set of requirements with which bankruptcy petition preparers must comply.
Cited 7 timesPublished408 B.R. 601 · United States Bankruptcy Court, D. Maryland · Jul 9, 2009
Debtor and his wife, on the one hand, and the various entities, on the other, the precise pigeonholes that these prepetition payments fit into — salary, distributions, loans or something else altogether — has never been clearly … Plainly, Debtor’s purchase of real estate in Florida five months before the Petition Date does not qualify him as a domiciliary of that state for purposes of choosing exemption law.
Cited 8 timesPublishedUnited States Bankruptcy Court, D. Maryland · Dec 1, 2022
Because the company “‘clearly’ changed its policies based on [the attorney’s] information arid advice,” the court denied liquidated damages on the grounds of good faith. Jd at 376. … “Perez, 650°F.3d at 375 ; Roy, 141 F.3d at 548, This principle is most clearly illustrated in McFeeley v.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Maryland · Dec 1, 2022
Because the company “‘clearly’ changed its policies based on [the attorney’s] information arid advice,” the court denied liquidated damages on the grounds of good faith. Jd at 376. … “Perez, 650°F.3d at 375 ; Roy, 141 F.3d at 548, This principle is most clearly illustrated in McFeeley v.
Cited 0 timesUnknownSimpson v. Levitsky (In Re Levitsky)
401 B.R. 695 · United States Bankruptcy Court, D. Maryland · Sep 30, 2008
The Trustee then presented her case in the second adversary proceeding to establish the invalidity of the liens of both CIT and M & T. … Levit-sky's fraud and breach of his fiduciary duties are clearly related to the actual harm which was caused by Dr. Levitsky's malfeasance. (7) Dr.
Cited 4 timesPublishedUnited States Bankruptcy Court, D. Maryland · Jun 21, 2021
Rather, the Court agrees with those decisions allowing a partial discharge of student loan debt when the debtor has established undue hardship. … The language “to the extent” in sections 523(a)(2) and (a)(7) qualifies what might be nondischargeable in the first instance under those subsections.
Cited 0 timesUnknownSchlossberg v. Abell (In re Abell)
549 B.R. 631 · United States Bankruptcy Court, D. Maryland · Apr 1, 2016
As to the remaining defendants, the amended complaint does not clearly state which transactions occurred post-petition. … A party seeking to establish a' violation of the automatic stay must establish, by a preponderance of the evidence, that (1) the defendant knew of the existence of the stay; (2) the defendant performed an intentional action
Cited 22 timesPublishedCrocker v. Matthews (In re Matthews)
599 B.R. 838 · United States Bankruptcy Court, D. Maryland · Apr 30, 2019
While in China, the Crockers met an American who was establishing a startup brewing business there known as Great Leap Brewing. … In addition, the statement clearly refers to BHB's license status as a nanobrewery, not as the prospective microbrewery Crocker visited in August of 2016.
Cited 3 timesPublished
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