Case law

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.

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 Georgetown Steel Co., LLC

306 B.R. 549 · United States Bankruptcy Court, D. South Carolina · Feb 4, 2004

Debtor presented testimony and other evidence to establish the use of its sound business judgment in proposing the Retention Plan. … In addition, the parties in interest have clearly recognized the CEO’s importance by agreeing that he is to receive significant payments under the Retention Plan.

In Re Dbsi, Inc.

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.

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.

Bavely v. Ft. Thomas Bellevue Bank (In Re Triple a Coal Co.)

55 B.R. 806 · United States Bankruptcy Court, S.D. Ohio · Aug 9, 1985

The first qualifying phrase of that section squarely presents the issue of the banks’ right of setoff. … Deuble, 27 O.L.A. 533 (1938) (constructive trust imposed on bank account where defendant induced plaintiff to sign card making defendant a joint owner of account, even though plaintiff established little more than a unilateral

In Re Henderson

69 B.R. 982 · United States Bankruptcy Court, N.D. Alabama · Feb 13, 1987

Most family farmers have too much debt to qualify as debtors under Chapter 13 and are thus limited to relief under Chapter 11. … Prominent among these principles are the established analytical guides 'that the ordinary and commonly understood meaning shall be attributed to the terms employed in the statute, unless a contrary meaning is clearly intended

Retail Marketing Co. v. Northwest National Bank (In Re Mako, Inc.)

120 B.R. 203 · United States Bankruptcy Court, E.D. Oklahoma · Sep 5, 1990

The Liquidating Trustee was established to accept all assets of the estate and transfer these assets to RMC. … This office was established to pursue certain limited adversarial actions.

Padilla v. Wells Fargo Home Mortgage, Inc. (In Re Padilla)

379 B.R. 643 · United States Bankruptcy Court, S.D. Texas · Aug 3, 2007

Upon an adequate showing, the burden shifts to the non-moving party to establish a genuine issue of material fact. Warfield, 436 F.3d at 557 . … Nothing in the *667 Bankruptcy Code immunizes mortgagees from causes of action based on RE SPA.

In Re W.R. Grace & Co.

403 B.R. 317 · United States Bankruptcy Court, D. Delaware · Apr 14, 2009

(b)10 years after the claim arose ... the defendant, on pleading this Act as a defence, is entitled to immunity from liability in respect of the claim.” R.S.A., ch. … "Limiting the class to members who qualify under § 15-5-150 simply excludes class members who would otherwise have no access to [South Carolina] courts via individual lawsuits.” Monsanto, 579 S.E.2d at 328 . 56 .

Panelized Technology, Inc. v. Tesoro Savings & Loan Ass'n (In Re Fargo Financial, Inc.)

80 B.R. 247 · United States Bankruptcy Court, N.D. Georgia · Jan 15, 1988

Additionally the court may allow a plaintiff the opportunity to present evidence on this issue to establish the factual background needed to resolve the standing question. Id. at 1414-lb. … This principle is qualified, however, in a Chapter 11 case in which no trustee has been appointed.

Flanigan v. Lewis (In Re Lewis)

45 B.R. 27 · United States Bankruptcy Court, W.D. Missouri · Sep 6, 1984

This provision, together with the relevant and above quoted portion of section 541 of the Bankruptcy Code, which clearly makes the bequest a part of the bankruptcy estate, require the return of the bequest to that estate. … "[A]ll federal courts, other than the Supreme Court, derive their jurisdiction wholly from the exercise of the authority to 'ordain and establish' inferior courts, conferred on Congress by Article III, section I, of the Constitution

Merritt v. Thompson (In Re Thompson)

162 B.R. 748 · United States Bankruptcy Court, E.D. Michigan · Dec 14, 1993

Thompson also argued that she is entitled to partial immunity because Merritt is a public figure. … There being no evidence which clearly establishes that Merritt was “general[ly] fam[ous] ... in the community, and pervasively] involve[d] in the affairs of society,” Gertz, 418 U.S. at 352 , 94 S.Ct. at 3013 , 41 L.Ed.2d

Discenza v. MacDonald (In Re MacDonald)

50 B.R. 255 · United States Bankruptcy Court, D. Massachusetts · Jun 20, 1985

Since the judgment did not qualify under the terms of question 10 on the debtor’s statement of financial affairs it was not listed there. … The debtor’s failure to list a 1978 Lincoln Mark V as an asset is clearly due to the fact that the debtor does not own the vehicle. It is owned, rather, by Gordon MacDonald Associates, Inc.

Bank Calumet v. Whiters (In Re Whiters)

337 B.R. 326 · United States Bankruptcy Court, N.D. Indiana · Feb 2, 2006

Counterbalancing the portions the Kawaauhaus emphasize, the Tinker Court repeatedly observed that the tort in question qualified in the common law as trespassory. … He discussed possible financing with Bank Calumet and was advised that he qualified for a refinancing loan on the vehicle.

Goldberg v. Berris (In Re Berris)

458 B.R. 601 · United States Bankruptcy Court, S.D. Florida. · Jun 27, 2011

To sustain an objection to discharge, specific proof is required that clearly establishes intent on the part of the debtor to conceal assets, hinder and delay creditors, to make false oaths, or to conceal property. … Chalik clearly made a false oath and it was not up to him to decide what was or was not material to the court, the trustee and his creditors.

In Re B. Cohen & Sons Caterers, Inc.

147 B.R. 369 · United States Bankruptcy Court, E.D. Pennsylvania · Nov 25, 1992

sought by the instant Claimant is generally a more palatable remedy than that sought in Sturm, i.e., recoupment of funds allegedly wrongfully paid from the recipients of such funds, rather than an effort to hold a possibly immune … In that way, she could have established the legitimacy of her claim, leaving open only the issue of whether she had a valid administrative claim.

In Re Riddle

444 B.R. 681 · United States Bankruptcy Court, N.D. Georgia · Feb 8, 2011

Specifically, the credible and uncontroverted evidence before the Court establishes that $990,000 is a “fire sale” value. … So a secured creditor must show something other than the uniqueness of its treatment to establish unfair discrimination.

In re Waner Corp.

135 B.R. 299 · United States Bankruptcy Court, N.D. Illinois · Dec 20, 1991

Maxwell duly qualified and is now acting as Trustee of the estate of Waner Corporation. 3. … If a deficiency then remains that creditor is to be paid out of estate funds in accordance with the priorities as established under § 507 of the U.S. Bankruptcy Code.

Estate of Smith v. Marcet (In Re Marcet)

352 B.R. 462 · United States Bankruptcy Court, N.D. Illinois · Sep 26, 2006

A fiduciary relation qualifies under § 523(a)(4) only if it “imposes real duties in advance of the breach----” Marchiando, 13 F.3d at 1116 . … The joint tenancy agreement did not contain any language establishing a declaration of trust, a clearly defined trust res, or an intent to create a trust. (Plaintiff Ex. No. 1; Debtor Ex. No. 3.)