Case law

In Re Jal Gas Co.

44 B.R. 91 · United States Bankruptcy Court, D. New Mexico · Nov 25, 1984

In Nathanson v. … Congress has made the Board the only party entitled to enforce the act. A backpay order is a command to pay an amount owed the Board as agent for the injured employees.

Northwest Pipe & Casing Co. v. Standard Wholesale Supply Co. (In re Northwest Pipe & Casing Co.)

67 B.R. 639 · United States Bankruptcy Court, D. Oregon · Oct 31, 1986

While the case is not on point, the Supreme Court decision in Brown v. … Miller v.

Rodolakis v. Pedone (In Re Belba)

226 B.R. 738 · United States Bankruptcy Court, D. Massachusetts · Nov 4, 1998

In Parker v. … For example, in Mills v. Brown (In re Brown), 182 B.R. 778 (Bankr.E.D.Tenn.1995), a lady wished to purchase land near her residence and to protect her privacy in so doing.

Federal Deposit Insurance v. Brandt (In Re Florida Park Banks, Inc.)

110 B.R. 986 · United States Bankruptcy Court, M.D. Florida · Feb 21, 1990

Western Dealer Management, Inc. v. England, 412 U.S. 919 , 93 S.Ct. 2735 , 37 L.Ed.2d 145 (1973); and Jump v. Manchester Life and Casualty Managements, 438 F.Supp. 185 (E.D.Mo.1977), aff'd, 579 F.2d 449 (8th Cir.1978). … Since consolidated returns were filed in compliance with the board’s resolution, then, according to the Trustee, compliance with the board’s policies regarding the allocation of tax refunds should follow.

Vista Eyecare, Inc. v. Neumann (In Re Vista Eyecare, Inc.)

283 B.R. 613 · United States Bankruptcy Court, N.D. Georgia · Aug 13, 2002

Co. v. Du Bois, 312 U.S. 510, 520-21 , 61 S.Ct. 675 , 85 L.Ed. 982 (1941) (holding that stockholders cannot participate in a plan of reorganization unless creditors’ claims have been satisfied in full); Case v. … Co., 308 U.S. 106 , 60 S.Ct. 1 , 84 L.Ed. 110 (1939) (same); see also Caplin v.

Scherer v. Quality Communications, Inc. (In Re Quality Communications, Inc.)

347 B.R. 227 · United States Bankruptcy Court, W.D. Kentucky · Aug 9, 2006

Historic Preservation Guild v. Burnley, 896 F.2d 985, 989 (6th Cir.1989). … Allied Ready Mix Co., Inc. v. Allen, 994 S.W.2d 4, 9 (Ky.[App.]1998), quoting Spiegel v. Buntrock, 571 A.2d 767, 774 (Del.1990).

In Re Medical Software Solutions

286 B.R. 431 · United States Bankruptcy Court, D. Utah · Nov 14, 2002

At the time of the bankruptcy filing, the board consisted of Mr. Lee, Ms. Massey, Ms. Lewis and Mr. Altinger. Mr. Layton resigned from the board of directors citing stress. Mr. … See Licensing by Paolo, Inc. v.

Okan's Foods, Inc. v. Windsor Associates Ltd. Partnership (In Re Okan's Foods, Inc.)

217 B.R. 739 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 6, 1998

Brown (“Brown”), Brean Corp. (“Brean”), and Oakwood Corporate Housing, Inc. (“Oakwood”)(collectively the “Defendants”) — who request judgment in their favor on Count I. … Whether Brown is the general partner of Windsor, LP, as the Debtor averred in ¶¶ 3 and 16 of the Complaint, or rather, that Brown is the managing partner of Windsor, LP’s general partner, Brown Windsor Associates, as the

Capital Insurance Agency v. Carneal (In Re Carneal)

33 B.R. 922 · United States Bankruptcy Court, E.D. Virginia · Oct 12, 1983

See, Gleason v. Thaw, 236 U.S. 558, 562 , 35 S.Ct. 287, 289 , 59 L.Ed. 717 (1915). The objecting creditor must prove the existence of each of these elements by clear and convincing evidence. Brown v. … Brown v. Buchanan, supra.

In re Global Aviation Holdings Inc.

478 B.R. 142 · United States Bankruptcy Court, E.D. New York · Jul 24, 2012

As the court explained in Borders Group, a director is “an individual who sits on the board of directors” of a *148 debtor. Id. (citing Rupp v. United Security Bank (In re Kunz), 489 F.3d 1072, 1077 (10th Cir.2007)). … None of the KERP Employees attend board meetings, and they generally do not report to the board. (Tr. 72:4-12.) Nor do the KERP Employees qualify as “officers” of the Debtors.

In Re Wool Growers Central Storage Co.

371 B.R. 768 · United States Bankruptcy Court, N.D. Texas · Jul 19, 2007

See Republic Supply Co. v. Shoaf, 815 F.2d 1046, 1050 (5th Cir.1987); Applewood Chair Co. v. Three Rivers Planning & Dev. Dist. (In re Applewood Chair Co.), 203 F.3d 914, 919 (5th Cir.2000); see also FOM Puerto Rico v. … (citing S.E.C. v. Drexel Burnham Lambert Group, Inc.

In Re Compass Van & Storage Corp.

65 B.R. 1007 · United States Bankruptcy Court, E.D. New York · Oct 23, 1986

Foster v. Callaghan, 248 F. 944 (S.D.N.Y.1918); Sackman v. Stephenson, 11 N.Y.S.2d 69 (N.Y.Sup.Ct.1939); Larue v. Groezinger, 84 Cal. 281 , 24 P. 42 (1890); Deaton v. Lawson, 40 Wash. 486 , 82 P. 879 (1905). … The often cited Local Loan Co. v.

In re Mount Vernon Plaza Community Urban Redevelopment Corp. I

79 B.R. 306 · United States Bankruptcy Court, S.D. Ohio · Aug 21, 1987

At the end of the initial two-year period, the governing board of Shiloh-Grove becomes vested in a board of 7 with 4 from Shiloh, 1 from The Adrian Company and 2 from UGCO. … Such order shall set forth, restated in correct form, the final wording of Paragraph 8 of Article V of the Joint Amended Plan of Reorganization. IT IS SO ORDERED.

Ford Motor Credit Co. v. Klix (In Re Klix)

21 B.R. 2 · United States Bankruptcy Court, E.D. Michigan · Apr 30, 1982

Brown v. Felson, 422 U.S. 127 , 99 S.Ct. 2205 , 60 L.Ed.2d 767 (1979). This Court may consider the State Court findings as evidence when determining whether a motion for summary judgment should be granted. … Carey Lumber Company v. Bell, 615 F.2d 370 (5th Cir. 1980).

Givens v. Countrywide Home Loans, Inc. (In Re Jarosz)

322 B.R. 662 · United States Bankruptcy Court, E.D. Wisconsin · Mar 28, 2005

Orange Theatre Corp. v. … Indiana Port Com. v.

In Re Dayton Seaside Associates 2, L.P.

257 B.R. 123 · United States Bankruptcy Court, S.D. New York · Dec 22, 2000

Guidelines Board. … Corp. v.

In Re Keebler

106 B.R. 662 · United States Bankruptcy Court, D. Hawaii · Nov 2, 1989

As noted in Local Loan v. … In re Brown, 88 B.R. 280, 284 (Bankr.Hawaii 1988). As noted by this Court in In re Brown, 88 B.R. 280, 283-284 , (Bankr.Hawaii), Good faith is an implicit jurisdictional requirement. See e.g.

FNFS, Ltd. v. Harwood (In Re Harwood)

404 B.R. 366 · United States Bankruptcy Court, E.D. Texas · Apr 28, 2009

concern to the Board. … These continuing losses led to greater concern on behalf of board members.

ANC Rental Corp. v. County of Allegheny (In Re ANC Rental Corp.)

316 B.R. 146 · United States Bankruptcy Court, D. Delaware · Aug 3, 2004

Catholic Inst, of Pittsburgh v. … City of Pittsburgh v.

In Re Amodio

155 B.R. 622 · United States Bankruptcy Court, N.D. New York · Apr 21, 1993

In United States v. … See id. at 769-70 (citing In re Brown, 126 B.R. at 767 ).