Case law

In Re Bennett Enterprises, Inc.

58 B.R. 918 · United States Bankruptcy Court, D. Massachusetts · Mar 25, 1986

Boston Licensing Board, 15 Mass.App. 629 , 447 N.E.2d 675 (Mass.App.1983). … Boston Licensing Board, supra 15 Mass.App. at 631 , 447 N.E.2d 675, at 677 , and to levy for satisfaction of a judgment. Springsteen v. The Meadows, Inc. 534 F.Supp. 504 (D.Mass.1982).

In Re Van Cloostere

94 B.R. 131 · United States Bankruptcy Court, S.D. Illinois · Dec 9, 1988

The creditors rely on the case of Ford Motor Credit Co. v. … In re Price, 79 B.R. 888 (Bankr. 9th Cir.1987); see Ford Motor Credit Co. v.

In Re Davis

29 B.R. 652 · United States Bankruptcy Court, W.D. New York · May 2, 1983

See Brown v. Bowery Savings Bank, 51 N.Y.2d 411 , 434 N.Y. S.2d 916, 415 L.Ed.2d 906 (1980); § 675 N.Y. Banking Law; Sandler v. United Industrial Bank, 23 A.D.2d 567 , 256 N.Y.S.2d 442 (2d Dept.1965). … See Aspen Industries, Inc. v. Marine Midland Bank, 74 A.D.2d 59 , 426 N.Y.S.2d 620 (4th Dept.1980), rvsd. on other grounds 52 N.Y.2d 575 , 439 N.Y.S.2d 316 , 421 N.E.2d 808 (1981); Clarkson Co. v.

Rickel Home Centers, Inc. v. Baffa (In Re Rickel Home Centers, Inc.)

199 B.R. 498 · United States Bankruptcy Court, D. Delaware · Aug 16, 1996

Each of the five individual defendants at the time of the offering was an officer of Rickel, a member of the board of directors, or signed the registration statement. … Friedman, the chair of the board of directors, provides management and consulting services to Rickel.

In re NII Holdings, Inc.

536 B.R. 61 · United States Bankruptcy Court, S.D. New York · Aug 26, 2015

Winn of Zolfo Cooper was appointed as Class C Manager (the “Independent Manager”) to the Board of Managers of NIHS. 89 V. … Newman v.

Braniff Airways, Inc. v. United Air Lines, Inc. (In Re Braniff Airways, Inc.)

33 B.R. 33 · United States Bankruptcy Court, N.D. Texas · Aug 29, 1983

Allegaert v. Perot, 548 F.2d 432 (2nd Cir.1977); Johnson v. England, 356 F.2d 44 (9th Cir. 1966); AFL-CIO v. Davis, 313 F.2d 841 (6th Cir.1963). … Allegaert, supra, at 435-36 . *35 See, Reid v.

In Re Vensel

39 B.R. 866 · United States Bankruptcy Court, E.D. Virginia · May 16, 1984

Vensel failed the dental boards three times, in two different states, before he finally passed the Virginia boards. In September, 1982, Dr. … See, e.g., Flygare v. Boulden, 709 F.2d 1344 (10th Cir.1983); In re Johnson, 708 F.2d 865 (2d Cir.1983). The court in Deans , listed eight factors which could be included in analyzing a debtor’s good faith.

Garafano v. Trustees of the Amalgamated Insurance Fund (In Re Garafano)

99 B.R. 624 · United States Bankruptcy Court, E.D. Pennsylvania · May 5, 1989

Brown v. Felsen, 442 U.S. 127, 181 , 99 S.Ct. 2205, 2209 , 60 L.Ed.2d 767 (1979); Jaffe v. Grant, 793 F.2d 1182, 1188 (11th Cir.1986), cert. denied, 480 U.S. 931 , 107 S.Ct. 1566 , 94 L.Ed. 2d 759 (1987); and Kapp v. … In Browning v.

Federal Deposit Insurance v. Fordham (In Re Fordham)

130 B.R. 632 · United States Bankruptcy Court, D. Massachusetts · Aug 1, 1991

Gerrity (“Gerrity”), who was a member of First Mutual’s board of directors and its board of investment. … There is no showing that Gerrity was motivated by personal concerns in acting as a member of First Mutual’s board of directors and board of investment, much less that he influenced the action of his fellow board members or

In Re Still

117 B.R. 251 · United States Bankruptcy Court, E.D. Texas · Jul 16, 1990

At the regularly scheduled hearing on July 17, 1989, the condemnation board awarded damages to Debtor. … However, even if the Court, in ar-guendo, entertained and accepted Debtors contention that the 1990 condemnation was violative of the automatic stay, the Court would have no hesitancy in following the holding in Sikes v.

Emerson v. Maples (In Re Mark Benskin & Co.)

161 B.R. 644 · United States Bankruptcy Court, W.D. Tennessee · Dec 7, 1993

BROWN, Bankruptcy Judge. … Kopsombuh-Myint Buddhist Center v. State Board of Equalization, 728 S.W.2d 327 (Tenn.App.1986).

In Re Madison

337 B.R. 99 · United States Bankruptcy Court, N.D. Mississippi · Jan 5, 2006

The non-contractual, non-statutorily authorized interest on interest and interest on other fees, permitted by the Rake v. … In an opinion addressing two cases in the Southern District of Mississippi, In re: Bonton, Case No. 03-04058, and In re: Brown, Case No. 03-03888, Judge Edward Ellington offered the following comments concerning the necessity

Distral Energy Corp. v. Michigan Boiler & Engineering Co. (In Re Michigan Boiler & Engineering Co.)

171 B.R. 565 · United States Bankruptcy Court, E.D. Michigan · Dec 6, 1993

Board of Water Com’rs, supra; Sherwood v. Savings Bank, 103 Mich. 109 [ 61 N.W. 352 ]; Brady v. American National Bank, 120 Okla. 159 ( 250 Pac. 1006 ). Maynard, 247 Mich, at 641 , 226 N.W. at 687 . … Brown, 265 U.S. 1 , 44 S.Ct. 424 , 68 L.Ed. 873 (1924); cf. In re Walter J.

Boy Scouts of America

United States Bankruptcy Court, D. Delaware · Dec 5, 2023

declaration filed by the Coalition, (iii) the PI Firms, not the Coalition members, instruct Coalition Professionals as to positions to be taken in the case, (iv) the PI Firms chose five survivors to comprise an advisory board … , which meets with the PI Firms to deliberate actions taken by the Coalition and (v) the Coalition’s Professionals represent the collective, not any individual survivor.

In Re Faughn

69 B.R. 18 · United States Bankruptcy Court, E.D. Missouri · Sep 5, 1986

Then, in November, 1985, Debtor again purchased additional merchandise from Anderson’s, namely, an Ashley wood heater, two 6” elbows, two 6” flue steps, a stove board, and three 6” stove pipes. … While there is some authority supporting Anderson’s, e.g., Pristas v.

In Re Smith

286 B.R. 104 · United States Bankruptcy Court, W.D. Arkansas · Dec 4, 2002

Education Assistance Corp. v. … Zellner, 827 F.2d 1222, 1226 (8th Cir.l987)(citing In re Fries, 68 B.R. 676, 685 (Bankr.E.D.Pa.1986)); In re Vincente, 257 B.R. 168, 177 (Bankr.E.D.Pa.2001); In re Brown, 244 B.R. 603, 608 (Bankr.W.D.Va.2000) (citing In re

Irving H. Picard, Trustee for the Liquidation of B v. Ken-Wen Family Limited Partnership

United States Bankruptcy Court, S.D. New York · Mar 9, 2022

Peloro v. … It is clear from the documents filed in Brown’s chapter 11 case that Brown knew of this debt prior to the order establishing the Claims Bar Date. Roth v.

Anderson v. Cordell (In re Infinity Business Group, Inc.)

497 B.R. 495 · United States Bankruptcy Court, D. South Carolina · Aug 6, 2013

On August 17, 2009, Wade Cordell (the then-company president and board member), Brad Cordell (the then-company chief operating officer and board member), and John Blevins (the then-corporate counsel and board member) were … Blixseth v.

In Re ABQ-MCB Joint Venture

153 B.R. 338 · United States Bankruptcy Court, D. New Mexico · Apr 12, 1993

See In re Brown, 88 B.R. 280 (Bankr.D.Hawaii 1988); In re Bingham, 68 B.R. 933 (Bankr.M.D.Pa.1987). A petitioning creditor is presumed to have filed his petition in good faith. … (quoting Camelot, Inc. v. Hayden, 30 B.R. 409, 411 (D.C.E.D.Tenn.1983)).

PHI Air Medical, LLC v. Westenhoefer (In re White)

561 B.R. 413 · United States Bankruptcy Court, E.D. Kentucky · Nov 11, 2016

However, the Brown court emphasized that agency is created by the principal—not by the agent. … Indeed, “[i]t is to the Appellants’ peril that they accepted the ill-advised legal effect of the assertions of third parties, here Brown.” Diversicare Healthcare Servs, Inc. v.