Case law

Freelife International, LLC v. Butler (In Re Butler)

377 B.R. 895 · United States Bankruptcy Court, D. Utah · Jul 19, 2006

In re Kontrick, 295 F.3d 724, 736 (7th Cir.2002); see also Gullickson v. Brown (In re Brown), 108 F.3d 1290, 1292 (10th Cir.1997). 23 . Rosen v. Bezner, 996 F.2d 1527, 1534 (3d Cir.1993). 24 . … See Brown, 108 F.3d at 1293 ; In re Stewart, 263 B.R. 608, 611-12 (10th Cir. BAP 2001); First Nat’l Bank v.

In Re Kam Kuo Seafood Corp.

42 B.R. 558 · United States Bankruptcy Court, S.D. New York · Sep 10, 1984

See, Warner v. Jaffray, 96 N.Y. 248 (1884) (holding that assignee took title from the time of the making and delivery of the assignment); In re S. … See, Metro Burak, Inc. v. Rosenthal & Rosenthal, Inc., 83 Misc.2d 637 , 372 N.Y.S.2d 781 (N.Y.Sup.Ct.1975), modified on other grounds, 51 A.D.2d 1003 , 380 N.Y.S.2d 758 (2nd Dept.1976).

Haag v. Sallie Mae (In Re Haag)

274 B.R. 833 · United States Bankruptcy Court, W.D. Missouri · Mar 26, 2002

In California Franchise Tax Board v. … In Rose v.

Ellett v. Goldberg (In Re Ellett)

317 B.R. 134 · United States Bankruptcy Court, E.D. California · Nov 1, 2004

Plaintiff James Ellett seeks prospective injunctive relief against Gerald Goldberg, the Executive Director of the Franchise Tax Board, to enjoin him from causing the Franchise Tax Board to collect delinquent pre-petition … See Lawrence Tractor Co. v.

In re Senall

55 B.R. 517 · United States Bankruptcy Court, M.D. Florida · Nov 19, 1985

He was a member of the board of directors for the first thirteen weeks of his association with Becdel and was a signatory on two payroll accounts. … Howard v. United States, 711 F.2d 729, 733 (5th Cir.1983); Mazo v. United States, 591 F.2d 1151 (5th Cir.1979), cert. denied, 444 U.S. 842 , 100 S.Ct. 82 , 62 L.Ed.2d 54 (1979); Brown v.

Carmelo v. Mickletz (In re Mickletz)

544 B.R. 804 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 28, 2016

Co. v. George V. … The Supreme Court reversed on the ground that the outcome was controlled by its earlier decision in Brown v. Felsen, 442 U.S. 127 , 99 S.Ct. 2205 , 60 L.Ed.2d 767 (1979).

Calvert v. Bongards Creameries (In Re Schauer)

62 B.R. 526 · United States Bankruptcy Court, D. Minnesota · Jun 26, 1986

Board of Equalization v. MGM Liquor Warehouse, 52 B.R. 77, 80-81 (D.Minn.1985). … Pacific Corp. v. Sigma Serv. Corp. at 985-86; In Re Polycorp Assoc., Inc., at 673.

Helm v. Helm (In Re Helm)

48 B.R. 215 · United States Bankruptcy Court, W.D. Kentucky · Apr 15, 1985

Under the leading Supreme Court case of Brown v. … Spilman v. Harley, 656 F.2d 224 , 226 n. 2 (6th Cir.1981). 8 . 719 F.2d 1373 (8th Cir.1983). 9 . Id. at 1376 . 10 . 442 U.S. 127 , 99 S.Ct. 2205 , 60 L.Ed.2d 767 (1979). 11 . See generally, Brown v.

In Re Citrone

159 B.R. 144 · United States Bankruptcy Court, S.D. New York · Oct 14, 1993

The second basis for Daniele’s objection, that the debtor has no interest in the property for which the objection is claimed, has already been clearly addressed by the Second Circuit Court of Appeals in Brown v. … Dellinger (In re Brown), 734 F.2d 119 (1984).

In Re Grau

172 B.R. 686 · United States Bankruptcy Court, S.D. Florida. · Sep 19, 1994

Morgan Guaranty Trust Co. v. American Sav. & Loan Assoc., 804 F.2d 1487, 1491 (9th Cir.1986), Matter of Holland, 21 B.R. 681 (Bkrtcy.N.D.Ind.1982). … In Brown v.

Mulkey v. Mallory (In Re Mallory)

1 B.R. 201 · United States Bankruptcy Court, N.D. Georgia · Nov 20, 1979

Brown v. Felsen, 442 U.S. 127 , 99 S.Ct. 2205 , 60 L.Ed.2d 767 (1979). … Brown v. Felsen, 99 S.Ct, 2205 at 2213 (emphasis added).

In Re DeLiguori

146 B.R. 52 · United States Bankruptcy Court, D. New Hampshire · Sep 11, 1992

DELIGUORI V. … In Owen v.

Croton River Club, Inc. v. Half Moon Bay Homeowners Ass'n (In Re Croton River Club, Inc.)

145 B.R. 185 · United States Bankruptcy Court, S.D. New York · Sep 24, 1992

The Movants contend that the business judgment rule bars judicial inquiry into a board’s decision absent a showing that the board acted in bad faith, citing Levandusky v. … Compare Petersen v.

In Re Curtis

262 B.R. 619 · United States Bankruptcy Court, D. Vermont · May 22, 2001

See In re Brown, 163 B.R. at 597 . Admittedly, there is a split as to the requisite indicia of authority needed to allow an attorney-in-fact to commence a bankruptcy case on behalf of a debtor. See Wekell v. … See In re Brown, 163 B.R. at 597 .

In Re Scruggs

342 B.R. 571 · United States Bankruptcy Court, E.D. Arkansas · May 31, 2006

LLC v. … Brown (In re Brown), 339 B.R. 818, 820 (Bankr.S.D.Ga.2006)(holding that “the unnumbered paragraph in § 1325 does not alter the claims described in the paragraph as secured and does not exempt such claims from the present

In Re McCall

194 B.R. 590 · United States Bankruptcy Court, W.D. Tennessee · Apr 17, 1996

Timbs filed an affidavit of his Mississippi attorney, Winn Davis Brown, Jr., and Mr. … Brown and the debtor’s attorney were in communication from July 26, 1995; however, Mr. Brown was not told of the bankruptcy filing until his client learned of it in mid-December, 1995.

Consumers United Capital Corp. v. Greene (In Re Greene)

202 B.R. 68 · United States Bankruptcy Court, D. Maryland · Sep 13, 1996

Gullickson v. Brown (In re Brown), 194 B.R. 514, 520 (D.Kan.1996); Anderson v. Wiess (In re Wiess), 132 B.R. 588, 592 (Bankr.E.D.Ark.1991). … Brown (In re Brown), 194 B.R. 514, 519 (D.Kan.1996) (admission of desire to keep assets away from creditors is strong proof of intent to hinder creditors); cf. Rosen v.

State Bar of Michigan v. Doerr (In Re Doerr)

185 B.R. 533 · United States Bankruptcy Court, W.D. Michigan · Aug 14, 1995

Hollis , in turn, relied on the Supreme Court’s opinion of Kelly v. … Atlas Concrete Pipe, Inc. v. Roger J. Au & Son, Inc., 668 F.2d 905, 908 (6th Cir.1982). I find that the plaintiff is entitled to judgment as a matter of law.

In re Altegrity, Inc.

562 B.R. 253 · United States Bankruptcy Court, D. Delaware · Nov 28, 2016

Barr v. … Brown (In re Brown), the Bankruptcy Court for the Western District of Pennsylvania applied McDowell to determine that a Chapter 7 petition was filed before "the hammer fell” on a sheriff’s sale. 311 B.R. 721, 727-28 (Bankr

In Re McCarthy

106 B.R. 201 · United States Bankruptcy Court, D. Hawaii · Sep 15, 1989

The Board relies on Niswander v. … See Juanarena v. Nicholson, 779 F.2d 514 (9th Cir.1985), Miller v. Leavenworth-Jefferson Elec. Co-op, 653 F.2d 1378 (10th Cir.1981).