Case law

In Re First Interregional Equity Corp.

227 B.R. 358 · United States Bankruptcy Court, D. New Jersey · Nov 30, 1998

Goldin was appointed Chapter 11 Trustee (the Chapter 11 Trustee) and duly qualified. … The proposed Class Plaintiffs have clearly established the proposed class is so numerous that joinder would be impracticable.

DeBlasio v. Groff (In Re Groff)

301 B.R. 644 · United States Bankruptcy Court, D. New Jersey · Feb 24, 2003

The debtor’s guilty plea qualifies as “actual litigation”, and her conviction represents a valid and final judgment. … The question becomes whether the provisions of N.J.S.A. 2C:40-22 clearly indicate a legislative intent to impose strict liability against the defendant, or whether the statute requires the defendant to “know” that if she

Arrow Mill Development Corp. v. ShopRite of Clinton (In Re Arrow Mill Development Corp.)

185 B.R. 190 · United States Bankruptcy Court, D. New Jersey · Aug 11, 1995

ShopRite asserts that, in light of the above, the fund being held by GH & C is clearly an escrow account. … Contrary to debtor’s assertions, an escrow agent serving both parties can indeed qualify as a bailee/agent under § 9-305 5 .

Coluccio v. Sevastakis (In re Sevastakis)

591 B.R. 197 · United States Bankruptcy Court, D. New Jersey · Sep 26, 2018

Instead, Debtor "misrepresent[ed] that [he] was qualified to design a roof that would comport with the plaintiffs' expectations under the contract." State Court Opinion at 29. … However, the Supreme Court has clearly articulated that the type of reliance required to establish fraud under § 523(a)(2)(A) is "justifiable" reliance, which is a lower threshold than "reasonable." Field v.

Clair, Griefer LLP v. Prensky (In Re Prensky)

416 B.R. 406 · United States Bankruptcy Court, D. New Jersey · Nov 2, 2009

Clearly, under those circumstances, the fees were not of the kind owed to a “spouse, former spouse or child of the debtor.” … Under Gibson , for a debt to qualify under § 523(a)(15), the critical issues are the nature of the debt, not the payee, and whether under state law the debt was incurred in the course of a divorce or separation.

In Re Eastwood

192 B.R. 96 · United States Bankruptcy Court, D. New Jersey · Feb 13, 1996

In The Matter of Arvelo, 176 B.R. 349, 357 (Bankr.D.N.J.1995) (stating “the Supreme Court’s decision in Nobelman only overruled one aspect of the Third Circuit’s decisions in Wilson and Sapos; thus these cases still have qualified … With respect to the language provided in the Eastwood mortgage, the court notes that an estate in fee simple absolute carries with it “the largest possible aggregate of rights, privileges, powers and immunities with respect

Coppola v. Wells Fargo Bank, N.A. (In re Coppola)

596 B.R. 140 · United States Bankruptcy Court, D. New Jersey · Nov 1, 2018

Our Client's paystubs clearly show gross income of $2,993.05 per individual bi-monthly [sic, bi-weekly] pay period for our Client alone, or a monthly gross income of approximately $6,484.94. … However, where an owner or assignee has established an evaluation criteria that sets an order ranking for evaluation of loan modification options (commonly known as a waterfall) and a borrower has qualified for a particular

Grillo v. Corigliano (In Re Grillo)

331 B.R. 614 · United States Bankruptcy Court, D. New Jersey · Oct 7, 2005

The test to establish liability under section 6672 can be reduced to two elements: “(1) the individual must be a ‘responsible person,’ and (2) his or her failure to pay the tax must be ‘willful.’ ” United States v. … Simply put, the reckless disregard standard is satisfied where the party “ ‘(1) clearly ought to have known that (2) there was a grave risk that withholding taxes were not being paid and if (3) he was in a position to find

Alexander Moss, Jr. - Adversary Proceeding

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

[T]he Tort Claims Act [is] the means through which the Legislature ‘re-establishe[d]’ sovereign immunity.” D.D. v. Univ. of Med. & Dentistry of New Jersey, 213 N.J. at 133; see also Velez v. … As noted, this waiver has been established in the present case.

In re Whitemere Development Corp.

65 B.R. 734 · United States Bankruptcy Court, D. New Jersey · Jul 23, 1986

Clearly, prior court approval of professional employment on behalf of a trustee or debtor-in-possession is desirable to maintain court supervision and control of the estate. … It is important to address the reference in the Triangle Chemicals case to the need to establish “exceptional circumstances”. I believe that the reference is tempered by a close review of the case.

Wolf v. Tzanides (In re Tzanides)

574 B.R. 489 · United States Bankruptcy Court, D. New Jersey · Aug 28, 2017

Section 546(a) establishes certain limitations on the trustee’s avoidance powers. … Here, the Trustee has not identified a qualifying unsecured creditor in the Complaint.

Cattafi v. O'Neill (In Re Nuisance Corp.)

17 B.R. 80 · United States Bankruptcy Court, D. New Jersey · Nov 23, 1981

There can be no question that a trustee qualifies as a “party in interest” and, therefore, permitted to object. See 2 Collier on Bankruptcy, ¶ 502.01 (15th ed. 1979). … The fact that officers and directors and controlling shareholders owe a fiduciary duty to their corporation and its minority shareholders, is well established under New Jersey law; see Eliasberg v.

In Re DeJesus

243 B.R. 241 · United States Bankruptcy Court, D. New Jersey · Oct 21, 1999

The CF & I assessment is clearly an involuntary pecuniary burden. … While motor vehicle surcharges are clearly civil penalties and remedial in nature, they do serve a purpose of deterrence. See Lugo v.

Idea Boardwalk, LLC v. Revel Entertainment Group, LLC (In re Revel AC, Inc.)

532 B.R. 216 · United States Bankruptcy Court, D. New Jersey · Jun 24, 2015

Thus, the Court holds that these proceedings are predicated upon a provision of title 11, and qualify as matters “arising under” title 11. … In Churchill, the court recognized that § 365(h) is specific, as it grants a particular set of clearly stated rights to lessees of rejected leases.

In Re G-I Holdings, Inc.

323 B.R. 583 · United States Bankruptcy Court, D. New Jersey · Feb 1, 2005

By way of example, with respect to potential Category III (Lung Cancer II A— Non-smoking) claimants, a particular claimant must establish the following: 1) diagnosis by a Qualified Physician of a malignant primary bronchiogenic … Allowing or disallowing claims is clearly a separate and distinct function from liquidating or estimating that claim.

Matter of Lake Hopatcong Water Corp.

15 B.R. 411 · United States Bankruptcy Court, D. New Jersey · Nov 2, 1981

Thereafter on April 23, 1979 LHWC was adjudicated a bankrupt and on July 24, 1979 Moore was appointed trustee of the bankrupt estate and duly qualified as same. … At issue was the right of coverture as established under state law.

In Re LymeCare, Inc.

301 B.R. 662 · United States Bankruptcy Court, D. New Jersey · Nov 5, 2003

FEHBP is clearly a "governmental plan" excluded from ERISA requirements. B. Preemption. … The cited regulation clearly prohibits suit against the carriers or the carriers' subcontractors in lieu of the OPM.

Matter of Sound Radio, Inc.

93 B.R. 849 · United States Bankruptcy Court, D. New Jersey · Dec 9, 1988

Sarco, in the person of Diaz, clearly has the appropriate expertise and ability to operate the station. His background in the radio business qualifies him and his assertions of experience were unchallenged. … On the other hand, the creditors, except for Robinson and LeBow, have clearly expressed their preference for the Sarco plan.

In re Roper & Twardowsky, LLC

566 B.R. 734 · United States Bankruptcy Court, D. New Jersey · Feb 24, 2017

Shortly after the QSF was established, all remaining plaintiffs in the Prudential Litigation — the QSF beneficiaries — received their settlement payments. … This is a blatant example of representing parties on opposite sides of a litigation, which RPC 1.7(a)(1) clearly prohibits.

Matter of Taylor

91 B.R. 302 · United States Bankruptcy Court, D. New Jersey · Sep 14, 1988

The contract before this Court is clearly executory, and pursuant to Bankruptcy Code Section 365 it would clearly be reject-able by the debtor. … Having established that he qualifies as a debtor, Mr. Taylor is entitled to the benefits of Chapter 11. 5 . Debtor’s principal equity asset is his residence.