Case law

O'Neill v. Dell (In Re O'Neill)

204 B.R. 881 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 30, 1997

It was agreed that PA. could be eliminated as a party in light of its claim of judicial immunity. See Seminole Tribe of Florida v. … The Debtor’s Schedules establish insolvency.

In Re American International Airways, Inc.

47 B.R. 716 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 18, 1985

The Court stated: I feel that the long range result of adopting the SEC’s position would be to drive qualified counsel away from this Court and out of the bankruptcy practice. … Why would any competent firm with any sort of an established clientele spend its time working on a lengthy bankruptcy case, knowing that it might not receive full payments for its service until some indefinite time in the

Wachovia Bank, N.A. v. Spitko

357 B.R. 272 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 23, 2006

This scenario clearly indicates a scheme to defraud creditors.” Id. at 1583. … Clearly Maintech had not been dissolved under state law.

Fleet v. United States Consumer Council, Inc. (In Re Fleet)

53 B.R. 833 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 15, 1985

These allegations are of particular concern to this Court because, if established as true, defendants’ activities constitute an abuse of the bankruptcy court system. … Subsection h of Rule 704 clearly allows for de minimis errors in service under Rule 704 where there is no material prejudice to the defendant: Service of process under this rule shall be effective notwithstanding an error

In re Korn

523 B.R. 453 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 18, 2014

Brown has established cause for relief under 11 U.S.C. § 1112 (b)(1) and the Debtor has not established the existence of unusual circumstances under § 1112(b)(2). … He qualifies the payment commitment by stating that it is subject to review and approval by the Bankruptcy Court at the time of the Confirmation Hearing and the amount approved by the Bankruptcy Court shall control under

In Re CF Foods, LP

280 B.R. 103 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 3, 2002

Knowledge that future investors will not be paid is sufficient to establish actual intent to defraud them. … Independent Clearing House, 77 B.R. at 866 ; Taubman, 160 B.R. at 984 . [17] However, the Transfers do not qualify for the charitable contribution exception of 11 U.S.C. § 548 (a)(2) because the Debtor is not a "natural person

Marcus Lee Associates, L.P. v. Wachovia Bank, N.A. (In Re Marcus Lee Associates, L.P.)

422 B.R. 21 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 23, 2009

Such a motive is clearly not a basis from which to infer the requisite intent of the developer to bestow performance benefits upon the purchasers of the condominium units, let alone their successors ... and explains why, … (PHFA) to provide mortgage payments to their mortgagees through the Commonwealth’s Homeowner’s Emergency Mortgage Assistance Program, for which the debtors had qualified prepetition.

Zachary Ober and Jennifer Ober

United States Bankruptcy Court, E.D. Pennsylvania · Apr 8, 2020

Stat. § 33-1104(A)(3) as of the petition date, it qualifies for the Arizona Homestead Exemption set forth in Ariz. Rev. Stat. § 33-1101(A). … See also Calderon, 507 B.R. at 730 (“Once Calderon’s homestead was established by operation of law, the controlling question shifted from whether Calderon established a homestead in the residence to whether he abandoned

Smith v. Botzet (In Re Smith)

401 B.R. 674 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 10, 2009

On the other hand, for a lien to qualify as a judicial lien, “there must be some judicial or administrative process or proceeding that ultimately results in the obtaining of the lien.” Schick, 418 F.3d at 328 . … This is the procedure established by Section 428 of the Pennsylvania Workers’ Compensation Act. Because Mr.

In Re Frascella Enterprises, Inc.

360 B.R. 435 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 8, 2007

cites case law that establishes that principle. … It alleges that by precluding the class action which is the only economically feasible vehicle to pursue the consumer’s claims, Defendants are effectively immunizing themselves from liability. Id. ¶ 145 .

In Re Orsa Associates, Inc.

106 B.R. 418 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 25, 1989

We therefore conclude that the Deeds of Trust establish mortgages against the Debtors’ respective properties. … Therefore, MBA’s claim against Orsa is clearly totally unsecured.

Estate of DiSabato v. DiGiovanni (In Re DiGiovanni)

446 B.R. 709 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 20, 2011

This formulation of the test for “willfulness” must be qualified, however, by the Supreme Court’s admonition in Geiger that “debts arising from recklessly or negligently inflicted injuries do not fall within the compass of … the trial testimony, I will cite the time stamp of the electronic recording.) *712 To the extent the e-mails were unrelated to the Estate matters, they were admitted for the limited purpose of permitting the Plaintiffs to establish

In re Mushroom Transportation Co.

486 B.R. 148 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 17, 2013

Additionally, the party must establish that the injury “fairly can be traced to the challenged action and is likely to be redressed by a favorable decision.” Id. … At the time Pincus filed its objection to Jennings’s fee application, it clearly had standing to object.

In Re Applied Safety, Inc.

200 B.R. 576 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 13, 1996

Breed’s rights are clearly not affected by the timing or manner of payment to administrative creditors. … The propriety of establishing such a delayed effective date is highly questionable.

Feldman v. Chase Home Finance (In Re Image Masters, Inc.)

421 B.R. 164 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 17, 2009

The allegations in the Complaint establish Defendants’ affirmative defense of good faith and value received. … Clearly, the homeowners have a very substantial interest in the subjects of this proceeding—the mortgage accounts that the homeowners have with Defendants.

In Re 222 Liberty Associates

108 B.R. 971 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 4, 1990

Case law has established that there are many factors to consider in making a feasibility determination. … At the hearing on December 6, 1989, Goldome called and successfully qualified Reaves C. Lukens, Jr.

Lewis v. Delta Funding Corp. (In Re Lewis)

290 B.R. 541 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 25, 2003

The note rate does not contradict the APR, and both rates are *549 clearly labeled. … However, whether Jones performed all of the tasks identified in the Broker Agreement or performed sufficient tasks to meet the guidelines established in the 1999 RESPA Policy is an unresolved issue of material fact.

In re Scimeca Foundation, Inc.

497 B.R. 753 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 16, 2013

Essentially, this requires a trustee to establish sound business reasons for the terms of the proposed sale.... … DeFeo, its sole member clearly knew of the deadline — he filed his own proofs of claim on March 14th. .

Faulkner v. M & T Bank (In re Faulkner)

593 B.R. 263 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 3, 2018

The Debtor the attacks M & T's authority to enforce the note. *276 It is well established that there are three (3) ways in which a party may establish the right to enforce a negotiable instrument: 1. by being its holder ( … Because the Debtor was qualified, the Debtor asserts that M & T had no right to make a demand for payments in order to make such a determination.

In re H.H. Distributions, L.P.

400 B.R. 44 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 16, 2009

The Bank has clearly negated any inference that it will provide any financial support after June 2009 or any deferral of loan repayment then due. … The generally accepted method for establishing enterprise value is the capitalization of future earnings. Haskell Dawes, 199 B.R. at 878 .