Case law

Manley Toys Limited

United States Bankruptcy Court, D. New Jersey · Mar 31, 2020

However even if they were made, Aviva did not establish they were made in bad faith. … Aviva has not established that any of these grounds are met.

Ashland Inc. v. G-I Holdings Inc. (In re G-I Holdings, Inc.)

564 B.R. 217 · United States Bankruptcy Court, D. New Jersey · Dec 21, 2016

Ashland argues that the Complaint does not assert a bankruptcy claim, and this Court’s analysis must begin and end with the Complaint, “which clearly does not assert any federal claims, much less claims ‘arising in’ bankruptcy … Ashland urges here that Defendants have the burden to establish jurisdiction, and that all doubts must be resolved against federal jurisdiction.

In Re Elsinore Shore Associates

91 B.R. 238 · United States Bankruptcy Court, D. New Jersey · Mar 24, 1988

These two transactions clearly indicate fundamental unfairness and injustice. 692 F.2d at 977 . … Eighth, any- dividends paid on the Elsub stock shall be transferred to the trustee for distribution to Playboy only after Playboy either qualifies or no longer holds any legal, equitable or beneficial interest in the stock

Frank D. Formica

United States Bankruptcy Court, D. New Jersey · May 12, 2021

Number two, Fulton clearly is going to try to contend that they have a judgment in 2019 and therefore they are entitled to it. … Jurisdiction Before getting into the merits, the court must establish that it has jurisdiction.

Mahi Paturu

United States Bankruptcy Court, D. New Jersey · Jan 15, 2021

The Federal Rules of Bankruptcy Procedure establish the timing and method. Thus, the concept that an exemption becomes “final” after 30 days is not developed solely through statute. … It clearly states that an objection to an exemption must be filed within 30 days after the amendment. The Court may issue an extension only if such a request is presented before the time to object expires.

Mahi Paturu

United States Bankruptcy Court, D. New Jersey · Jan 15, 2021

The Federal Rules of Bankruptcy Procedure establish the timing and method. Thus, the concept that an exemption becomes “final” after 30 days is not developed solely through statute. … It clearly states that an objection to an exemption must be filed within 30 days after the amendment. The Court may issue an extension only if such a request is presented before the time to object expires.

Atkinson, Trustee v. Paturu

United States Bankruptcy Court, D. New Jersey · Jan 15, 2021

The Federal Rules of Bankruptcy Procedure establish the timing and method. Thus, the concept that an exemption becomes “final” after 30 days is not developed solely through statute. … It clearly states that an objection to an exemption must be filed within 30 days after the amendment. The Court may issue an extension only if such a request is presented before the time to object expires.

Atkinson, Trustee v. Paturu

United States Bankruptcy Court, D. New Jersey · Jan 15, 2021

The Federal Rules of Bankruptcy Procedure establish the timing and method. Thus, the concept that an exemption becomes “final” after 30 days is not developed solely through statute. … It clearly states that an objection to an exemption must be filed within 30 days after the amendment. The Court may issue an extension only if such a request is presented before the time to object expires.

Vara v. Cowan

United States Bankruptcy Court, D. New Jersey · Oct 23, 2019

speculate as to the financial history or condition of the debtor, nor should they be compelled to reconstruct the debtor's affairs.’”123 A person seeking protection under the Bankruptcy Code must have records to qualify … Clearly Debtor is a sophisticated businessman with complex business interests despite being unsuccessful with Home Group. He has vast experience in overseeing many employees and handling millions of dollars.