Case law

In Re Gray's Run Technologies, Inc.

217 B.R. 48 · United States Bankruptcy Court, M.D. Pennsylvania · Nov 19, 1997

While they do not use the specific terminology, in my view, counsel is attempting to establish that the retainer is “earned upon receipt.” … This is, quite clearly, recommended by the Pennsylvania Bar Association. 1995 WL 902545 (Pa. Bar. Assn. Comm. Leg. Eth. Prof. Resp.) (1995).

In Re Hatzenbuehler

282 B.R. 828 · United States Bankruptcy Court, N.D. Texas · Aug 26, 2002

For example, the Bankruptcy Code clearly excepts from the section 109(e) analysis debts which are contingent or unliquidated on the date the debtor’s petition is filed. … Conversely, where the dispute requires a creditor to establish the debtor’s liability, the debt should not count for section 109(e) purposes.

In re MidSouth Golf, LLC

549 B.R. 156 · United States Bankruptcy Court, E.D. North Carolina · Mar 29, 2016

Defendant fails to cite, nor can we locate, a case in which a financial *181 hardship qualified as a “radical change” occurring within a community. … However, if the language in the 1993 Covenants “clearly indicates that the covenants were not intended to afford reciprocal benefits to the parties,” then, they would not even be covenants.

Nicola v. Northfield Insurance Co. (In Re Redfeather Fast Freight, Inc.)

1 B.R. 446 · United States Bankruptcy Court, D. Nebraska · Dec 10, 1979

The parties have agreed that the following may be accepted as established facts for the purposes of this case only: “That plaintiff, Merle Nicola, is the duly qualified and acting Trustee of the Estate of Redfeather Fast … Clearly, there are two funds requiring disposition. The funds which have been paid into this Court must be returned to Mark III.

Rogers v. Overstreet (In Re Rogers)

164 B.R. 382 · United States Bankruptcy Court, N.D. Georgia · Jan 20, 1994

The state guidelines for establishing support for two children, however, suggest an amount between twenty-three and twenty-eight percent of the parent’s income. … There is no dispute this amount qualifies as alimony, maintenance, or support, so Overstreet was allowed to receive this money from nonestate property.

In Re Balport Const. Co., Inc.

123 B.R. 174 · United States Bankruptcy Court, S.D. New York · Jan 14, 1991

The proposed order and supporting application, dated May 3, 1990, did not clearly reveal that CCS had asserted a pre-petition claim against the debtor for consultation and expert services performed for the debtor in connection … CCS has established that it performed post-petition services on behalf of the debtor in possession and in accordance with the order entered by this court on May 15, 1990 which retained CCS to perform such services, for which

Hartigan v. Pine Lake Village Apartment Co. (In Re Pine Lake Village Apartment Co.)

16 B.R. 750 · United States Bankruptcy Court, S.D. New York · Jan 20, 1982

Certainly this section should be used sparingly and not as a substitute for a motion to dismiss under Code § 1112(b), where one of the nine enumerated grounds must be established before a Chapter 11 case may be dismissed. … The debtor desires to engage another manager who the debtor says “will be independent and qualified” to operate the property.

In Re Albertson

68 B.R. 1017 · United States Bankruptcy Court, W.D. Missouri · Jan 14, 1987

This Court agrees that it is clear Congress intended a qualified privilege of conversion from existing Chapter 11 and Chapter 13 cases. … There Congress had passed the so called “White Slavery Cases” which were clearly designed to *1021 eliminate organized prostitution and the interstate transportation of prostitutes from state to state.

In Re Laminating, Inc.

148 B.R. 259 · United States Bankruptcy Court, S.D. Texas · Nov 17, 1992

Everette Brady is both the president and 100% shareholder of debtor, and qualifies as a responsible person for purposes of the personal penalty 26 U.S.C. § 6672 imposes. … Even without a plan provision designating application of tax payments, the IRS clearly will incur a heavy loss regarding the taxes, interest and penalties due and owing from the debtor.

Betty Owen Schools, Inc. v. United States Department of Education (In Re Betty Owen Schools, Inc.)

195 B.R. 23 · United States Bankruptcy Court, S.D. New York · Apr 24, 1996

Clearly, bankruptcy courts have jurisdiction over property of the debt- or’s estate pursuant to 28 U.S.C. § 157 (b)(2). … The burden is on the moving party to clearly establish the absence of a genuine issue as to any material fact. Celotex, 477 U.S. at 322, 323 , 106 S.Ct. at 2552, 2553 ; Adickes v. S.H.

In re Sherman

600 B.R. 453 · United States Bankruptcy Court, D. New Mexico · May 24, 2019

individuals on welfare, social security, fixed pension income, or who live on investment incomes may qualify for Chapter 13.") … See Manouchehri , 320 B.R. at 885-86 (denying debtor's motion to reconvert based on the debtor's lack of good faith); Povah , 455 B.R. at 341 (the debtor must establish that he or she is seeking reconversion in good faith

In Re Fink

366 B.R. 870 · United States Bankruptcy Court, N.D. Indiana · Mar 15, 2007

Nonetheless, it has never established any guidelines that would assist the court in determining what constitutes an amendable informal proof of claim. In re Harper, 138 B.R. 229, 243 (Bankr.N.D.Ind.1991). … They do not qualify as an informal proof of claim. Even if the court takes a somewhat broader approach to Ms. Fink’s filings they still fail to qualify as an informal claim. Ms.

Rafoth v. Bailey (In Re Baker & Getty Financial Services, Inc.)

88 B.R. 792 · United States Bankruptcy Court, N.D. Ohio · May 24, 1988

SCHWENKER had a sufficiently close relationship with each of the Corporate Debtors to qualify as an “insider,” as that term is defined in 11 U.S.C. Sec. 101 (30). Therefore, J. … It is an accepted maxim of equity jurisprudence that equity adopts and follows established rules of law. Black’s Law *800 Dictionary 485 (5th Ed.1979).

Opioid Master Disbursement Trust II v. Covidien Unlimited Company

United States Bankruptcy Court, D. Delaware · Aug 20, 2025

Having reviewed the documents submitted by Covidien, as well as the case law, the □ Court finds that Covidien has not met its burden in establishing that CIFSA qualifies as a financial participant for purposes of … As noted above, to qualify as a financial participant, Covidien must establish that CIFSA had “securities contracts” in the requisite amount and during the relevant time frames.

In Re Signal Hill-Liberia Avenue Ltd. Partnership

189 B.R. 648 · United States Bankruptcy Court, E.D. Virginia · Dec 11, 1995

In order to establish an oral trust, however, “the declaration must be unequivocal and explicit, and the evidence thereof must be clear and convincing.” Brame v. Read, 136 Va. 219 , 118 S.E. 117, 118 (1923). … The court interprets the notice as clearly indicating a sale of real property of the debt- or’s estate.

Matter of Moses

171 B.R. 789 · United States Bankruptcy Court, E.D. Michigan · Jul 21, 1994

In that case the court established a clear record of delay and contemptuous conduct. Such behavior was determined to be prejudicial to the creditors. … In Kerr , the petitioner’s claimed that the records were relevant and protected by governmental immunity and sought in camera review.

In Re DKMB, Inc.

95 B.R. 774 · United States Bankruptcy Court, D. Colorado · Jan 13, 1989

Thus, this officer stated that it appeared that $111,355.60 of the total "qualifies for trust protection." … That intent was clearly to protect suppliers of perishable agricultural commodities from purchasers who fail or refuse to pay for those commodities.

Bennett v. Bennett (In Re Bennett)

175 B.R. 181 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 13, 1994

Because bankruptcy intervened before a qualified domestic relations order (“QDRO”) was issued which would give the ex-spouse her enforceable interest in debtor’s ERISA-qualified plan, the debtor contended that his ex-spouse … (The creditor clearly could have easily learned that the marital residence was the subject of divorce proceedings prior to lending money to the one spouse by simply checking the docket in the Court of Common Pleas.)

In re Teresa Gail Baker v. DeKalb County, Georgia

United States Bankruptcy Court, E.D. Tennessee · Sep 9, 2026

While this court clearly has exclusive jurisdiction over the debtor’s interest in the properties, the question becomes whether the current adversary proceeding presents an in rem claim over which this court is afforded exclusive … Finally, the court holds that the defendant does not enjoy sovereign immunity in this adversary proceeding.

In Re Nextmedia Group, Inc.

440 B.R. 76 · United States Bankruptcy Court, D. Delaware · Nov 5, 2010

In deciding that Vague had no rights under the option agreements, the court took special notice that: (1) the right to exercise the options was set forth in an unambiguous contract, (2) the terms of the contract clearly established … NextMedia clearly did not have a duty to tip its hand and provide CBS with legal advice or to otherwise interpret the Agreement for CBS.