Case law

Cantwell-Cleary Co., Inc. v. Cleary Packaging, LLC

United States Bankruptcy Court, D. Maryland · Jun 7, 2022

And when the creditors withhold their consent, any such plan must be fair and equitable in that it must comply with priority rules that establish a hierarchy of creditor classes for the order in which each class of creditor … This is confirmed yet more clearly by the phrase modifying “debt”— i.e., “of the kind.”

Spinoso v. Heilman (In Re Heilman)

241 B.R. 137 · United States Bankruptcy Court, D. Maryland · Oct 26, 1999

The federal law is aimed only at the express trust situation in which the debtor either expressly signified his intention at the outset of the transaction, or was clearly put on notice by some document in existence at the … Neither the contracts nor the indemnity mortgage executed in this case qualified as a declaration of trust in favor of the plaintiffs. 4. Was an ordinary commercial relationship involved? Yes.

Robby D. Garner

United States Bankruptcy Court, D. Maryland · Sep 23, 2025

is well-established that home mortgages are considered consumer debt. … A debt securing a debtor’s principal residence qualifies as a consumer debt.

Douglas v. Dry Clean Concepts, Inc.

United States Bankruptcy Court, D. Maryland · Sep 28, 2020

But the projection clearly states at the bottom of each page that “[t]hese projections are guidelines only and are not guaranteed in total or in part by DRY CLEAN CONCEPTS, INC. or any of its employees or agents.” … Specifically, ECOA regulations prohibit lenders from requiring a spouse’s signature on a loan agreement when the applicant individually qualifies for the requested credit. 12 C.F.R.

Stephen Ormsby Gallagher, II

United States Bankruptcy Court, D. Maryland · Aug 21, 2025

Not everyone qualifies for a discharge under Chapter 7. … Gallagher opposed the motion because, in his view, it did not comply with Federal Rule of Civil Procedure 12(f) for two reasons: it was untimely, and it did not establish that his amended means test was “redundant, immaterial

Cleary Packaging, LLC

United States Bankruptcy Court, D. Maryland · Dec 15, 2023

The testimony of the Debtor’s employees clearly established that the Debtor’s employees fully support the Debtor’s Plan and would not agree to work for the Creditor.11 The Debtor generally elicited this testimony in the … The Principal is clearly proud of what he has built at the Debtor and his success in the industry.

Joel I. Sher, Chapter 11 Trustee v. JP Morgan Chase Funding Inc.

United States Bankruptcy Court, D. Maryland · Dec 17, 2019

The court found that they were “clearly in a position to control the outcome of the Board’s vote on the LBO” and, to the extent the trustee pleaded an actual intent to hinder, delay or defraud, the “intent [of the independent … The flaw in Defendant’s argument is that an admitted intention to delay creditors is not immunized by the transferor’s conviction that it is for the creditors’ good and the debtor, if only given time,

L.K. Comstock & Company, Inc. v. Reibie

United States Bankruptcy Court, D. Maryland · Aug 8, 2020

The parties present their respective positions as clearly warranted and easily reached under the facts of this proceeding and applicable law. The Court finds the answer, however, more nuanced and complex. … In other words, the debtor’s liability is not yet established.

L.K. Comstock & Company, Inc. v. Reibie

United States Bankruptcy Court, D. Maryland · Mar 2, 2020

The parties present their respective positions as clearly warranted and easily reached under the facts of this proceeding and applicable law. The Court finds the answer, however, more nuanced and complex. … In other words, the debtor’s liability is not yet established.

Sens v. Whiteford Taylor & Preston, LLP

United States Bankruptcy Court, D. Maryland · Sep 30, 2021

Sens applied for the requisite surety bonds and was required to have additional indemnitors to qualify for the bonds. Am. Compl. at ¶ 11; Mot. to Dismiss at p. 4. … Clearly, neither Debtor nor Debtor’s counsel acted with an intentional or manipulative disregard of the legal system. Barger, 279 B.R. at 906 (emphasis in original).