Case law

Zazzali v. Minert

468 B.R. 663 · United States Bankruptcy Court, D. Delaware · Dec 30, 2011

These allegations clearly identify information falling within the purview of “Confidential Information” as defined in the CNAs. … Thus Defendants’ argument that the December 8 Letter establishes that there was no breach of fiduciary duty fails.

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).

In Re Food Barn Stores, Inc.

175 B.R. 723 · United States Bankruptcy Court, W.D. Missouri · Dec 15, 1994

The Court established August 22, 1994, as the bar date for administrative expense claims. … Here, American Drug has failed to establish that the payment to Randle was beneficial to the estate.

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.

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 Pinnock

594 B.R. 609 · United States Bankruptcy Court, S.D. New York · Oct 31, 2018

Bank does not qualify as a "holder" under NY U.C.C. § 3-202(1). See Hilton v. U.S. Bank ( In re Hilton ), 544 B.R. 1 , 10-11 (Bankr. … NY U.C.C. § 3-307(2) states that "When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense."

In Re Livaditis

122 B.R. 330 · United States Bankruptcy Court, N.D. Illinois · Dec 21, 1990

One District Court found that because a class of approximately 1,692 members is indisputably large, impracticality of joinder was established by the numbers alone. Thillens, Inc. v. … LAF is highly qualified to do class action work in Federal courts.

In Re Forte

234 B.R. 607 · United States Bankruptcy Court, E.D. New York · May 6, 1999

The Code of Federal Regulations makes clear that “qualified subpart E trusts” are different from "electing qualified subchapter S trusts.” See 26 C.F.R. § 1.1361 — l(h)(l)(I) and (iii). … This Regulation further states "[i]f stock is held by a qualified subpart E trust, the deemed owner of the trust is treated as the shareholder” and "[i]f stock is held by an electing QSST [qualified subchapter S trusts],

Bletnitsky v. Jairath (In Re Jairath)

259 B.R. 308 · United States Bankruptcy Court, N.D. Illinois · Mar 8, 2001

However, a deceitful trick may qualify as a fraud under McClellan, Id., 217 F.3d at 893 . Therefore, a different analysis must be used when a plaintiff alleges actual fraud. McClellan v. … The inspection report clearly states that the building contains twenty units. Although McClellan broadly defined fraud as the suppressing of a truth, it emphasized that fraud must have an element of unfairness.

Henry-Luqueer Properties, Inc. v. Mayo (In Re Henry-Luqueer Properties, Inc.)

145 B.R. 771 · United States Bankruptcy Court, E.D. New York · Sep 30, 1992

The sales or transfers clearly took place within one (1) year of the filing of the Debtor’s petition and the parties have stipulated that the Debtor was insolvent or *774 was rendered insolvent as a result of the foreclosure … to subsection (a) of section 548, 11 U.S.C. 548(a), and which added “foreclosure of the debtor’s equity of redemption” to the definition of “transfer”, 11 U.S.C. 101 [ (58) ], a judicially ordered foreclosure sale is not immune

In Re Koren

176 B.R. 740 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 5, 1995

We first review the standards for granting IFP relief, and determine that, putting aside the issue of payment of the attorney’s fee, the Debtor clearly qualifies for IFP status. … PUTTING ASIDE THE PAYMENT TO COUNSEL, THE DEBTOR CLEARLY MEETS THE STANDARD FOR PROCEEDING WITH THIS CASE IN FORMA PAUPERIS.

Greco v. Sallie Mae Servicing Corp. (In Re Greco)

251 B.R. 670 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 14, 2000

The burden of establishing *676 each prong of the Brunner test lies with the debtor. Id. at 306. … The Debtor’s earnings clearly exceed those of the unemployed Brunner debtor.

Kaylor v. Holsinger (In Re Holsinger)

437 B.R. 260 · United States Bankruptcy Court, S.D. Ohio · Sep 30, 2010

Clearly meeting the first requirement of Rule 702, Yoder and Mitchell are both qualified by their long term experience in this particular field to offer expert opinions on residential construction. … However, these oral representations are not evidence of a fraudulent misstatement of fact, but are clearly promises of future performance within the subject matter of the written construction contract.

Kapila v. United States (In Re Taylor)

386 B.R. 361 · United States Bankruptcy Court, S.D. Florida. · Apr 10, 2008

If the NOL waiver here were not avoidable, the effect would be to permit the Debtor to carry forward an asset that will be immune from paying down his prepetition creditors. … Such a result is clearly contrary to the public policy underlying the Bankruptcy Code.

Lowe v. Sheinfeld, Malley & Kay, P.C. (In Re Saunders)

155 B.R. 405 · United States Bankruptcy Court, W.D. Texas · Apr 9, 1993

These are clearly no longer assets of the estate, for they are no *414 longer property of the estate. … Clearly, the estate would suffer if SMK were compelled to turnover the cash collateral to the Trustee.

In re Whitlock-Young

571 B.R. 795 · United States Bankruptcy Court, N.D. Illinois · Aug 10, 2017

“In every federal case, the party bringing the suit must establish standing to prosecute the action.” Elk Grove Unified Sch. Dist. v. … Congress clearly created fine distinctions in crafting the automatic stay.

Pate v. Hunt (In Re Hunt)

136 B.R. 437 · United States Bankruptcy Court, N.D. Texas · Nov 27, 1991

. *441 Following respective confirmation of the Joint Plans, the NBH Liquidating Trust was established on behalf of the bankruptcy Estates of Nelson Bunker Hunt and Caroline Lewis Hunt, and the WHH Liquidating Trust was established … This rationale clearly applies in this case.

Riverwood Gas and Oil, LLC v. Bureau of Land Mgmt. (In re Riverwood Gas & Oil, LLC)

601 B.R. 685 · United States Bankruptcy Court, C.D. California · Apr 3, 2019

Accordingly, Debtor has not established that any lack of proper notice to Tearlach is relevant. g. … SAC (adv. dkt. 30, Ex. 1, part 1) ¶ 38, at p. 10:25-27 ("The attached BLM Case Recordation report clearly shows that on 8/29/16, BLM sent a 60-day Written Order") & id.