Case law

In Re Doyle

209 B.R. 897 · United States Bankruptcy Court, N.D. Illinois · Jun 17, 1997

Bankruptcy Rule 4003(b) establishes the time limits within which a trustee or any creditor may file objections to the list of property claimed exempt. … Clearly, the Bateman and Simon cases are factually distinct, as noted by the Trustee, because the deaths of the insureds there occurred pre-petition, not post-petition as in the matter at bar.

Motors Liquidation Company

United States Bankruptcy Court, S.D. New York · Oct 14, 2025

Foster, 407 U.S. 225, 237 (1972) (“[A] federal law need not expressly authorize an injunction of a state court proceeding in order to qualify as an exception.”). … To pass the bankruptcy gate, a complaint must clearly allege that its causes of action are based solely on New GM’s post- closing wrongful conduct.

Texas Commerce Bank-San Angelo, N.A. v. Shurley (In Re Shurley)

171 B.R. 769 · United States Bankruptcy Court, W.D. Texas · Aug 29, 1994

Because Plaintiffs have been successful in this trial, the first element is established. … Third, while it is true a gratuitous property transfer clearly establishes a settlor, this does not necessarily mean that a non-gratuitous transferor is not a settlor.

Peoples Gas System, Inc. v. Thatcher Glass Corp. (In Re Thatcher Glass Corp.)

59 B.R. 797 · United States Bankruptcy Court, D. Connecticut · Apr 15, 1986

Ordinarily this will be the contractual rental, pro rata temporis, unless it is shown that the contractual rental itself is clearly unreasonable. … Thatcher bargained for a reduced rate and got it because, among other conditions, it qualified by promising to purchase an annual minimum volume of natural gas.

In Re Majestic Star Casino, LLC

457 B.R. 327 · United States Bankruptcy Court, D. Delaware · Sep 13, 2011

In qualifying Mr. Herman as an expert, the Court found it significant that: a.Mr. … The evidence clearly, precisely and overwhelmingly establishes that Mr. Herman’s opinion as to the true tax value of the Vessels is reliable.

Joshua M. Perry

United States Bankruptcy Court, W.D. Wisconsin · Sep 13, 2019

Fisher, 80 U.S. 335, 351-52 (1871) (“Where there is clearly no jurisdiction over the subject-matter any authority exercised is a usurped authority, and for the exercise of such authority, when the want of jurisdiction … The party seeking absolute immunity bears the burden to establish that such immunity is justified. Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 433 (1993).

Spring Service Texas, Inc. v. McConnell (In Re McConnell)

122 B.R. 41 · United States Bankruptcy Court, S.D. Texas · Dec 21, 1989

These causes of action clearly and properly belong to the Trustee, as they are property of the respective bankruptcy estates. In re MortgageAmerica Corporation, 714 F.2d 1266 (5th Cir.1983); In Matter of S.T. … This court finds that, under the facts and circumstances of the present case, it would be highly inappropriate to recognize and establish that Spring Service and/or its predecessor-in-interest, United Bank, has an equitable

Springfield Medical Care Systems, Inc. v. Jovita Carranza

United States Bankruptcy Court, D. Vermont · May 8, 2020

If the Defendant is not protected by sovereign immunity, then the Court must next determine whether the Plaintiff has met its burden of establishing that a TRO is warranted based on any of the Plaintiff’s prayers for relief … Brown Rutland, Vermont United States Bankruptcy Judge 6 The Court makes no findings as to whether the Plaintiff qualifies for a PPP loan or whether the Plaintiffs PPP application

In Re WAPI, Inc.

171 B.R. 130 · United States Bankruptcy Court, N.D. Alabama · Apr 19, 1994

Although the letter was issued from Ditt-man to Leonard, the testimony established that Leonard actually drafted the terms of the agreement. … The party for whom the work was performed approves the entry of the nunc pro tunc order Clearly, this is not the case.

Merchants Bank v. Vescio (In Re Vescio)

208 B.R. 122 · United States Bankruptcy Court, D. Vermont · Apr 28, 1997

The existence of MOU and the status of Bank’s compliance with it are clearly not matters of opinion. … Finally, it is Fed’s “burden to establish the existence and applicability of the privilege,” Walsh v. Chittenden, 799 F.Supp. 405, 407 (D.Vt.1992).

In Re Barnhart

47 B.R. 277 · United States Bankruptcy Court, N.D. Texas · Mar 12, 1985

which the Simmons Court described as a “comprehensive restatement of the principles underlying the application of the Contracts Clause” first announced in the Gunn and Kearzey cases, not only is the constitutional provision qualified … Clearly, the Simmons Court established that the state has the ability to modify contractual obligations provided that it is consistent with the fair intent of the constitutional limitations of that power.

In Re Watkins

189 B.R. 823 · United States Bankruptcy Court, N.D. Alabama · Aug 16, 1995

Future decisions will establish how far the circuit court's exception will extend. 6 . … A normal reinstatement situation would not qualify where the initially hired attorney argues the reinstatement. 9 .

Richardson v. Philadelphia Housing Authority (In Re Richardson)

94 B.R. 56 · United States Bankruptcy Court, E.D. Pennsylvania · Nov 21, 1988

However, it contends that the subject payments are immunized from application of § 547 by way of § 547(c)(2). … Clearly, the question is whether there was an “unusual action" (see H.Rep. No. 95-595) that deviates from normal business practices between the parties. 7 .

In Re Enron Corp.

328 B.R. 75 · United States Bankruptcy Court, S.D. New York · Aug 5, 2005

Federal Power Commission concluded that the NGA did not contain a provision to immunize the carriers involved in the mergers from the Clayton Act. 369 U.S. at 485 , 82 S.Ct. 901 . … That result does not comport with the underlying theory or the regulatory structure established by the FPA.” Id.

In Re Srikantia

417 B.R. 505 · United States Bankruptcy Court, N.D. Ohio · Oct 29, 2009

pre-BAPCPA presumption in favor of granting the relief requested by the debtor as a “caution and reminder” for the court to “give the benefit of any doubt to the debt- or and dismiss a case only when a substantial abuse is clearly … It is well established, however, that a discharge in bankruptcy is conditioned on a debtor’s willingness to make some sacrifices. In re Felske, 385 B.R. at 656.

Grayson Consulting, Inc. v. Wachovia Securities, LLC (In Re Derivium Capital, LLC)

437 B.R. 798 · United States Bankruptcy Court, D. South Carolina · Sep 14, 2010

As support for the argument that the Customer Transfers qualify as recoverable transfers under §§ 544 and 548, Plaintiff primarily relies upon In re Manhattan Inv. … No similar separate account was established for the protection of Wachovia.

In Re Stanley

438 B.R. 860 · United States Bankruptcy Court, D. South Carolina · Oct 28, 2010

Establishing special circumstances is not an easy task for a debtor; section 707(b)(2)(B)(ii) provides: In order to establish special circumstances, the debtor shall be required to itemize each additional expense or adjustment … noted that “[a] few courts define the term special so broadly that ‘any legitimate expense that is out of the ordinary for an average family and leaves the debtor with no reasonable alternative but to incur the expense’ qualifies

Bent v. ABMD Ltd. (In Re ABMD Ltd.)

439 B.R. 475 · United States Bankruptcy Court, S.D. Ohio · Nov 17, 2010

Defendant further asserts that, if the class is certified, the form and manner of notice to the class should be modified from what is proposed by the Plaintiffs to provide a more clearly defined class and to enhance potential … The notice must clearly and concisely state in plain, easily understood language: (i) the nature of the action; (ii) the definition of the class certified; (iii) the class claims, issues, or defenses; (iv) that a class member

Ernst v. Ohsman & Sons, Co. (In Re Manchester Hides, Inc.)

45 B.R. 794 · United States Bankruptcy Court, N.D. Iowa · Jan 25, 1985

qualified DISC buyer. … The record clearly reflects that FWFC made loans to the Debtor based upon the accounts receivable owed by International to the Debtor before the No Offset Agreement was signed and during the time periods that no No Offset

Dycoal, Inc. v. Internal Revenue Service (In Re Dycoal, Inc.)

327 B.R. 220 · United States Bankruptcy Court, W.D. Pennsylvania · Jun 30, 2005

. § 505 (a)(1), to the apparent effect that synthetic fuel produced by the Briquetters prior to the confirmation of the Debtor’s reorganization plan (hereafter “the Plan”) qualified for, and thus generated pre-confirmation … judgment on the pleadings with respect to all of the counts for which the I.R.S. is named as a party defendant, the Court need not, and thus will not, address the I.R.S.’ position that, by virtue of the doctrine of sovereign immunity