Case law

Official Committee Of Unsecured Creditors v. BlockFi Inc.

United States Bankruptcy Court, D. New Jersey · Jan 30, 2024

It states, in relevant part, “[n]otwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to a governmental unit to the extent set forth in this section with respect to the following: Sections … As noted, it merely seeks a determination of what property in the Debtors’ possession is estate property, and if that property is subject to forfeiture— something clearly within the exclusive jurisdiction of the bankruptcy

Buglione v. Berlingeri (In Re Berlingeri)

246 B.R. 196 · United States Bankruptcy Court, D. New Jersey · Feb 24, 2000

The balance of the language of subsection (A) simply provides that to constitute a claim, the right to payment need not be reduced to an established dollar figure. … The Scholl court concluded that despite the broad application of a “claim,” the Supreme Court has clearly enunciated that it does not include rights that do not constitute enforceable obligations.

Shaw v. Santos (In Re Santos)

304 B.R. 639 · United States Bankruptcy Court, D. New Jersey · Feb 2, 2004

That I remember clearly. (1T47-15 to 22.) … In Shaw’s eyes, Santos was a well-qualified doctor “from the United States.” I trusted Dr.

United States Ex Rel. United States Department of Health & Human Services v. Marchand (In Re Southwest Citizens' Organization for Poverty Elimination)

91 B.R. 278 · United States Bankruptcy Court, D. New Jersey · Aug 12, 1988

[A]s Section 541(a)(1) clearly states, the estate is comprised of all legal or equitable interests of the debtor in property as of the commencement of the case. … the non-profit community service organization, stating: [A]ll the monies in the twelve Action accounts which Palmiter seeks to garnish are funds in which the United States has a property interest and which are therefore immune

In re Blanche Zwerdling Revocable Living Trust

531 B.R. 537 · United States Bankruptcy Court, D. New Jersey · Jun 11, 2015

In In re Jin Suk Kim Trust, the court determined that a generation skipping trust established by the mother of the income beneficiary to provide for the income beneficiary during her life and allow her to pass trust corpus … Moreover, the manner in which the Trust Debtors conducted business is clearly inconsistent with the notion that their primary purpose was to “protect and preserve” the res, because they continually put hundreds of thousands

Neuner v. Horizon Blue Cross Blue Shield (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.

In Re Jackus

442 B.R. 365 · United States Bankruptcy Court, D. New Jersey · Jan 14, 2011

Clearly, Mrs. … “Generally speaking, an auction may be sufficient to establish that one has paid ‘value’ for assets of a [debtor].” See In re Abbotts Dairies of Pennsylvania, 788 F.2d 143 , 147 (3d Cir.1986).

In Re Harvard Industries, Inc.

352 B.R. 613 · United States Bankruptcy Court, D. New Jersey · Oct 20, 2006

Applying those principles, the court found that the bankruptcy expenses did not qualify as specified liability losses. … The burden of clearly showing the right to the claimed deduction is on the party claiming the deduction. INDOPCO, Inc. v. Commissioner of Internal Revenue, 503 U.S. 79, 84 , 112 S.Ct. 1039 , 117 L.Ed.2d 226 (1992).

Clear Advantage Title, Inc. v. Gibb (In Re Clear Advantage Title, Inc.)

438 B.R. 58 · United States Bankruptcy Court, D. New Jersey · Oct 15, 2010

It provided, inter alia, that “Unless otherwise clearly indicated on the account records, anyone of you who signs this form, including authorized signers, may withdraw or transfer all or part of the account balance at any … Nat'l Turf Club, supra, 158 N.J.Super. at 203, 385 A.2d 932 (stating that “although a bank has complied with the [UCC] provisions, such compliance does not necessarily immunize it from ordinary tort liability.”)” 166 N.J.

In re LAN Associates XIV, L.P.

193 B.R. 730 · United States Bankruptcy Court, D. New Jersey · Feb 16, 1996

In this case, Metro’s failure to file a timely proof of claim neither constitutes “neglect” nor qualifies as “excusable” under the Pioneer criteria. … Metro has failed to establish excusable neglect under Fed.R.Bankr.P. 9006. Metro’s motion for allowance of its late filed claim is denied.

Matter of Elsub Corp.

66 B.R. 172 · United States Bankruptcy Court, D. New Jersey · Apr 25, 1986

To establish the requisite liability, Elsub also relies upon language in the February 15, 1984 Agreement pursuant to which Elsub acquired all the outstanding capital stock of PNJ. … Accordingly, contingency as to liability and contingency as to payment are clearly two distinct concepts.

In re Peralta

599 B.R. 759 · United States Bankruptcy Court, D. New Jersey · Apr 16, 2019

Further, the document clearly lists Melinda Middlebrooks as the Debtors' attorney. … P. 4004 and 4007 ] are 'jurisdictional' or otherwise immune from tolling based on equitable principles." Id . at 188.

In Re Tci 2 Holdings, LLC

428 B.R. 117 · United States Bankruptcy Court, D. New Jersey · Apr 12, 2010

Holders of publicly traded securities of a casino licensee, entity qualifier, subsidiary or holding company, may also be required to qualify as financial sources. … The feasibility factor clearly weighs in favor of the Beal/Icahn Plan.

In Re Brady

361 B.R. 765 · United States Bankruptcy Court, D. New Jersey · Feb 13, 2007

While the legislative history does contain “clearly expressed legislative intent” to identify debtors who can afford to repay their debts, and to compel them to do so, Congress established very clearly the fixed formulas … However, once established for the debtors, the applicable commitment period must then be read in the context of section 1325(b)(1)(B), as discussed above.

Elsinore Shore Associates v. Casino Control Commission (In Re Elsinore Shore Associates)

66 B.R. 723 · United States Bankruptcy Court, D. New Jersey · Aug 29, 1986

The Penn Terra court established that the enforcement of Pennsylvania’s environmental laws was clearly an exercise of the state’s police and regulatory power as provided in 11 U.S.C. § 362 (b)(4). … Clearly, In re Greenwald is distinguishable from the case presently before the court.

Christensen v. New Jersey, Division of Motor Vehicles (In Re Christensen)

95 B.R. 886 · United States Bankruptcy Court, D. New Jersey · Oct 17, 1988

The DMY is clearly within the scope of this statutory definition. … The Penn Terra court established that the enforcement of Pennsylvania’s environmental laws was clearly an exercise of the state’s police and regulatory power as provided in 11 U.S.C. § 362 (b)(4).

Harry Brainum, Jr., Inc. v. Shore Air Conditioning & Refrigeration, Inc. (In Re Shore Air Conditioning & Refrigeration, Inc.)

18 B.R. 643 · United States Bankruptcy Court, D. New Jersey · Mar 26, 1982

. -, 102 S.Ct. 1035 , 71 L.Ed.2d 318 (1981), in which the court held that a debtor’s interest in grain, consisting of possession and a minute ownership interest, was sufficient to qualify it as “property of the estate;” In … Congress could not have intended such a result, but clearly did intend to bring all of a debtor’s equitable interests into the estate in order to avoid such a result.

Staiano v. File Aid of New Jersey (In Re Bradshaw)

233 B.R. 315 · United States Bankruptcy Court, D. New Jersey · Apr 26, 1999

Defendants certainly qualify as such “other person” for purposes of this case. … «The defendants’ solicitation deceived the recipient into believing that the defendants were qualified to provide legal advice.

Fuji Photo Film Co. v. Benun (In Re Benun)

386 B.R. 59 · United States Bankruptcy Court, D. New Jersey · Feb 29, 2008

Hence, this court opts for the 9.5% compliance figure (90.5% not qualifying) for all Jazz sales pre-August 21, 2001 as established in District Court I. … In this case, Benun clearly had notice [of the first sale in the United States requirement] ...

Matter of Timberline Property Development, Inc.

115 B.R. 787 · United States Bankruptcy Court, D. New Jersey · Jun 14, 1990

There is no specific provision for the establishment of a lien. The agreement is signed by several officers of Weichert and by I. Allen Rumberg as president of the debtor. In addition, Ellen Rum-berg, wife of I. … Clearly, the requirement of court approval of the contract adds an element which did not exist prior to the filing of the petition. There is no requirement that a third party approve a normal contract.