Case law

G-I Holdings, Inc. v. Those Parties Listed on Exhibit a (In Re G-I Holdings, Inc.)

313 B.R. 612 · United States Bankruptcy Court, D. New Jersey · Jun 8, 2004

The trustee or *633 debtor-in-possession bears the burden of proving the existence of a qualified unsecured creditor. In re DLC, Ltd., 295 B.R. at 602 . … This qualifying language is contained within proposed Counts Three, Four, Five, and Six. 34 .

In Re R.M. Cordova International, Inc.

77 B.R. 441 · United States Bankruptcy Court, D. New Jersey · Aug 12, 1987

provide that the financially secure party has the right to terminate or modify a contract automatically upon the other party’s bankruptcy or insolvency, the Trustee’s reliance upon same in the context of the present case is clearly … Moreover, the exercise of such contractual right to cause such liquidation is also immune from the order of a bankruptcy court in any proceeding under Title 11. 12 As the legislative history makes clear, the right to liquidate

New York City Housing Authority v. G-I Holdings, Inc. (In re G-I Holdings, Inc.)

514 B.R. 720 · United States Bankruptcy Court, D. New Jersey · Aug 12, 2014

The Confirmation Order and Plan established various deadlines and provided for the discharge of Claims. … These are pre-petition acts, and the Plan clearly talks about claims that arise from pre-petition acts.

Roberts

United States Bankruptcy Court, D. New Jersey · Dec 4, 2025

There can be no willful violation of the discharge injunction for debts not discharged. 4 The Discharge Order clearly states: “Debts that are Not Discharged. . . . d. … Servicers have an independent duty to evaluate qualified education loan status; 5.

Kool, Mann, Coffee & Co. v. Coffey (In Re Kool, Mann, Coffee & Co.)

233 B.R. 291 · United States Bankruptcy Court, D. New Jersey · Mar 18, 1999

“Where the accounting used is not in accordance with GAAP, the figures do not fairly present the financial position of the company, and the financials should be qualified to state such deviation.” Id. at 184. … The Graves Report, however, qualifies the inclusion of such long term debt by stating that: “An unusually large capital expenditure in a given year could result in negative cash flow, while changes in net borrowings would

In Re Libby

200 B.R. 562 · United States Bankruptcy Court, D. New Jersey · Sep 19, 1996

relevant bankruptcy court cases across the country, all of which were cited and analyzed by this court at length in Eastwood, 192 B.R. 96 , the language on the face of the second mortgage document itself, which language clearly … CONCLUSION We rule therefore, that based upon the law as has been established by this Circuit and for the reasons as aforestated, the debtors’ motion to bifurcate and strip down the second mortgage lien currently held by

Dobin v. Hill (In Re Hill)

342 B.R. 183 · United States Bankruptcy Court, D. New Jersey · May 9, 2006

As one court noted, “the fact that a transfer occurs in the context of a divorce proceeding does not immunize such transfer from a § 548 attack by a trustee in bankruptcy for one of the marital partners.” … The second requirement to establishing a § 548(c) defense is for the transferee to prove an exchange for value.

Wanland & Associates Inc. v. Nortel Networks Ltd. (In Re Norvergence)

384 B.R. 315 · United States Bankruptcy Court, D. New Jersey · Feb 28, 2008

Thus, a causal link is clearly established between Qwest’s role in NorVergence’s fraudulent scheme and the losses sustained by the Plaintiff. Id. … (“Apparent authority must be established clearly and convincingly by the actions of the principals, not the alleged agent.”)

In re Christ Hospital

502 B.R. 158 · United States Bankruptcy Court, D. New Jersey · Dec 3, 2013

(This point, without more, establishes a stronger case for "consent" by “failure to object” than much of the pro-consent precedent.) … See Sale Approval Order (¶ K), finding that the "Successful Bidder” is a § 363(m) qualified “purchaser in good faith”; ¶ L (absence of collusion; arm’s length bargaining established); and ¶ 24 (ordering § 363(m) protections

Bracaglia v. Manzo (In Re United Stairs Corp.)

176 B.R. 359 · United States Bankruptcy Court, D. New Jersey · Jan 11, 1995

However, at the time of the settlement, First Fidelity objected to the settlement and clearly stated its intention to continue to pursue Spiral. … A number of bankruptcy courts have established a multi-element test for determining whether substantive consolidation is appropriate.

In Re Jazz Photo Corp.

312 B.R. 524 · United States Bankruptcy Court, D. New Jersey · Aug 3, 2004

Nevertheless, the motion, discovery and hearings were, in this court’s view, clearly justified. … The single clearly “over-the-top” statement by Fuji’s counsel deserves a rebuke. See (j) of the Appendix.

Albanes v. Wells Fargo Bank, NA (In re Albanes)

560 B.R. 155 · United States Bankruptcy Court, D. New Jersey · Jul 5, 2016

Under New Jersey law, where there’s proof of execution, recording a non-pay *161 ment of the note and mortgage, the mortgagee has established a prima facie case.... … As the Defendants argue in their Brief, the Complaint does not clearly indicate which counts are pleaded against which Defendants (Dkt. No. 11-1, Defs.’ Br. 8).

Kenneth Brewster

United States Bankruptcy Court, D. New Jersey · May 5, 2026

Claims qualifying as domestic support obligations are afforded first priority status. … Obligations that “serve to maintain daily necessities such as food, housing and transportation” are 3 In In re Gianakas, the Third Circuit clearly established that the party objecting to the dischargeability of a particular

In re Holmes

573 B.R. 549 · United States Bankruptcy Court, D. New Jersey · Sep 19, 2017

As a result, the mortgage holder, who failed to prosecute its foreclosure action, would receive immunity from the Act. … No further value has been presented or established.

Sywilok v. Internal Revenue Service (In re Gianninoto)

539 B.R. 452 · United States Bankruptcy Court, D. New Jersey · Oct 16, 2015

, and to establish the priority of its alleged lien (Count Three). … Whether the Trustee qualifies as a bona fide purchaser in this case depends on whether the December 19 notice of settlement provided constructive notice of the Mortgage.

In Re Mason

66 B.R. 297 · United States Bankruptcy Court, D. New Jersey · Aug 22, 1986

Based upon this definition, a judge’s signing of an order approving the employment of a professional or a nunc pro tunc order approving such employment clearly cannot be categorized as a ministerial task. … Furthermore, the court determined that the debtors’ business could not have been properly operated without the services of qualified accountants. Id.

Rosa v. WELLS FARGO

United States Bankruptcy Court, D. New Jersey · Sep 11, 2020

It did not contain any qualifying language that it was seeking partial relief as to only a portion of the adversary complaint. … Finally, Rosa cannot establish a claim under § 1024.36 because she cannot establish damages caused by any purported violation of that regulation.

In Re Greate Bay Hotel & Casino, Inc.

251 B.R. 213 · United States Bankruptcy Court, D. New Jersey · Jul 28, 2000

Wallis to creditors to forward copies of their ballots to Park Place was clearly in violation of this court’s April 23, 2000 order. … The opportunity of each of these classes to qualify as an impaired accepting class for section 1129(a)(10) purposes is challenged by High River.

Quality Spice Corp. v. Federation Warehouse (In re Quality Spice)

109 B.R. 84 · United States Bankruptcy Court, D. New Jersey · Dec 28, 1989

Ludwig Mueller cannot qualify as a buyer in the ordinary course. … To establish its superior ownership claim, DMT has submitted the negotiable delivery order from Gel Spice (Dolev Aff. Exh.

Bailey v. Navient

United States Bankruptcy Court, D. New Jersey · Jun 30, 2021

Clearly, an examination of her current financial condition shows by a preponderance of the evidence that payment of the loans would continue to cause Ms. … Bailey has established that currently, she cannot maintain a minimal standard of living at any payment amount and simple belt-tightening would not change this.