Case law

Tri Harbor Holdings Corporation v. Sigmapharm Laboratories, LLC

United States Bankruptcy Court, D. New Jersey · Nov 22, 2022

Evid. 803(6); and (ii) that, so long as the underlying records qualify as business records under Fed. R. … Evid. 803(6), all require further testimony and other evidence to establish.

Sea Oaks Country Club LLC

United States Bankruptcy Court, D. New Jersey · Nov 10, 2020

There were clearly unperformed obligations owed by all of the parties to the contract. … The Lifetime Memberships clearly are recordable documents.

Airn Liquidation Trust Co., LLC v. Bank of America, N.A.

United States Bankruptcy Court, D. New Jersey · Dec 31, 2025

However, § 1123(a)(5) begins its enumerated list with the words “such as,” which demonstrates that “[t]he types of means listed in section 1123(a)(5) are clearly illustrative and not exclusive.” … In re NorVergence, Inc., 405 B.R. at 732 (“Upon demonstrating successfully the Salzano Scheme qualifies as a Ponzi Scheme, the actual intent to hinder, delay, or defraud creditors will be inferred.”).

Invitae Corporation

United States Bankruptcy Court, D. New Jersey · Aug 11, 2025

Invitae’s Board also established a Special Commnittee to “evaluate strategic alternatives.” (AD0766-AD0767 J 8 & n.2.) … Swift); see also AD1189 ¥ 15 (“At the outset of the auction, the Debtors only had one qualified bid for $180 million from Labcorp.

Christman v. Farina

United States Bankruptcy Court, D. New Jersey · Jul 18, 2023

But “contractor's general representations regarding his expected work performance and the actual quality of that workmanship do not qualify as misrepresentations for purposes of section § 523(a)(2)(A).” … Farina is clearly an individual owner who staked his fortunes on the success of his business.

Ngo v. Ngo

United States Bankruptcy Court, D. New Jersey · Aug 13, 2021

The evidence clearly demonstrates that the Defendant failed to disclose all of his assets in his bankruptcy case. … Procedurally, the certifications failed to qualify as a response to the Amended Complaint because they were filed well before the Amended Complaint.

Charles M. Forman, Chapter 7 Trustee for Chivy Ngo v. Ngo

United States Bankruptcy Court, D. New Jersey · Aug 13, 2021

The evidence clearly demonstrates that the Defendant failed to disclose all of his assets in his bankruptcy case. … Procedurally, the certifications failed to qualify as a response to the Amended Complaint because they were filed well before the Amended Complaint.

Forman v. Ngo

United States Bankruptcy Court, D. New Jersey · Aug 13, 2021

The evidence clearly demonstrates that the Defendant failed to disclose all of his assets in his bankruptcy case. … Procedurally, the certifications failed to qualify as a response to the Amended Complaint because they were filed well before the Amended Complaint.

Great American Insurance v. Subranni (In Re Tri-State Armored Services, Inc.)

332 B.R. 690 · United States Bankruptcy Court, D. New Jersey · Oct 3, 2005

The Act’s definition of “person” includes business entities, N.J.S.A. 56:8-1, and under New Jersey law, it has been held “that a corporation may qualify as a person under the Act when it finds itself in a consumer oriented … not been established.

Whittaker, Clark & Daniels, Inc.

United States Bankruptcy Court, D. New Jersey · Jun 20, 2023

However, the dated case law clearly establishes that—because a receiver’s authority is derived solely from the court, and because a receiver is subject only to the court's direction—a receiver has no power other than that … Clearly, counsel was under the impression that with the Court’s appointment of the Receiver having control over the assets, only the Receiver could put WCD into bankruptcy.

Wissel, IV v. Deutsche Bank National Trust Company as Trustee fo

United States Bankruptcy Court, D. New Jersey · Sep 14, 2020

“While the plaintiffs would have the Court believe that the case sub judice is controlled by the In re Scarborough, supra, precedent, that case is clearly distinguishable.” … that Spacia was active in 2004, the Westfield Property would still qualify as the “debtor’s principal residence” under the plain language of § 101(13A).

Bailey v. Navient

United States Bankruptcy Court, D. New Jersey · Sep 22, 2021

Bailey did not qualify for a student loan discharge. Ms. Bailey then filed a Motion to Reopen and a Motion to Reconsider. … Nothing shows that he cannot qualify for unemployment or disability payments in the future to contribute to household expenses. Ms.

Sharon Davis

United States Bankruptcy Court, D. New Jersey · Aug 29, 2019

However, the Court granted Counsel’s request and established a briefing schedule on the record. The briefing schedule was as follows: “Counsel must file his supplemental opposition by December 12, 2018. … Therefore, he qualifies as a “debt relief agency” as defined in the Bankruptcy Code.73 Counsel has been practicing in the Bankruptcy Court for the District of New Jersey for numerous years, generally representing debtors

The Diocese of Camden, New Jersey

United States Bankruptcy Court, D. New Jersey · Aug 29, 2023

The Court has already established that the Policies are property of the estate. … , nor can consultative bodies that do not qualify as “fiduciaries” under the Bankruptcy Code.

In Re Sound Radio, Inc.

145 B.R. 193 · United States Bankruptcy Court, D. New Jersey · Sep 8, 1992

Clearly, Lofton was taking his marching orders from the shareholders *210 rather than the debtor-in-possession in the Chancery Division litigation. … Id. at 772 . 15 . 11 U.S.C. § 327 (a) imposes a two-pronged test for determining whether a professional qualifies for employment.

Halaw v. Wilding

United States Bankruptcy Court, D. New Jersey · Aug 17, 2020

Therefore, Plaintiffs assert that Defendant’s actions clearly illustrate a waiver of any dismissal of the claim. … P. 4004 and 4007] are ‘jurisdictional’ or otherwise immune from tolling based on equitable principles.” Id. at 188.

Edith M. Farina

United States Bankruptcy Court, D. New Jersey · Nov 24, 2025

These are all well established, recognized standards for permissible abstention…. … The Debtor argues that Claim 5-1 fails to show that BNYM lawfully holds the note and mortgage or acquired them before default to qualify as a secured creditor. Id. at ¶ 7.

Halaw v. Wilding

United States Bankruptcy Court, D. New Jersey · Jun 29, 2023

• Defendant’s participation in sixteen months of litigation with the knowledge that Appellants-Plaintiffs’ Adversary Complaint could arguably have been dismissed is more than enough to qualify … The Claire Transport facts versus the facts before this Court are clearly distinguishable.

Sklar v. Susquehanna Bank (In re Global Protection USA, Inc.)

546 B.R. 586 · United States Bankruptcy Court, D. New Jersey · Feb 26, 2016

Although there was only the one transaction, the Bank argues that a first-time transaction can qualify for the preference defense, citing Jubber v. SMC Elec. Prods. (In re C.W. Min. … It was not established for the purpose of providing bridge loans to businesses that the Guarinos were associated with. The court in Shubert v. Mull (In re Frey Mech.

MRPC Christiana, LLC v. Crown Bank

United States Bankruptcy Court, D. New Jersey · Dec 5, 2019

Crown Bank asserts that the procedure for challenging Crown Bank’s liens or claims was clearly stated to all parties, specifically on the record at the October 25, 2018 hearing. … The Patel Parties also rely on the Mata case to support their position.110 The court in Mata held that a Notice of Removal filed by the creditor regarding a creditor’s state court lawsuit qualified as an informal proof