Case law

Sylvester v. Martin (In Re Martin)

130 B.R. 930 · United States Bankruptcy Court, N.D. Illinois · Jul 5, 1991

Clearly the jury’s findings on the issues was the basis for that judgment. … Two of the nine statements qualified as misrepresentations under Wisconsin law: (b) that the financial statements which he gave to Philip R.

Hacienda Heating & Cooling, Inc. v. United Artists Theatre Circuit, Inc. (In Re United Artists Theatre Co.)

410 B.R. 385 · United States Bankruptcy Court, D. Delaware · Aug 26, 2009

However, ESI conditionally waived the right to establish additional violations. (Adv. Doc. # 35, p. 5, n. 9.) 2 . … As supported by the declaration of a paralegal for Hacienda’s counsel, Hacienda’s fax number appears in the Database, thereby establishing its right to share in the Arizona state court’s damage award and establishing that

Heilig-Meyers Co. v. Wachovia Bank, N.A. (In Re Heilig-Meyers Co.)

328 B.R. 471 · United States Bankruptcy Court, E.D. Virginia · Aug 15, 2005

Therefore, the debtor in this appeal must establish that the bankruptcy court’s findings are dearly erroneous. … During that pause, Judge Tice discussed the irony that judges, “few of whom would qualify as expert witnesses in any trial of asset valuation,” are often called upon to determine the net worth of assets based on conflicting

Hendry v. Hendry (In Re Hendry)

428 B.R. 68 · United States Bankruptcy Court, D. Delaware · Apr 9, 2010

The Court went on to state that, “[t]his action, I believe, qualifies as a non-dischargeable debt on Mr. Gordon Hendry’s behalf.” Adv. Hr’g Tr. 51. … Accordingly, the first element of larceny is established.

In Re Georgetown Steel Company, LLC

318 B.R. 340 · United States Bankruptcy Court, D. South Carolina · Sep 13, 2004

The Consent Orders were agreed upon, in part to facilitate the sale of Debt- or’s assets, in order to establish the amount of reclamation claims. … Section 546(c) "immunizes state-created rights of reclamation from certain of the trustee's avoiding powers, thereby helping to preserve and protect reclamation in bankruptcy ...." See David G.

In Re Verasun Energy Corp.

467 B.R. 757 · United States Bankruptcy Court, D. Delaware · Mar 26, 2012

That event qualified as a “Potential Change in Control” under the CIC Agreements, triggering the Executives’ commitment not to leave the company. … Though physically separate documents and signed at different times, they clearly relate to the same subject matter: the Executives’ employment at VeraSun.

Dickenson v. American General Finance (In re Capps)

135 B.R. 821 · United States Bankruptcy Court, E.D. Tennessee · Jan 15, 1992

Music House maintained a financing relationship with American by which American provided purchase money financing to qualified Music House customers. … Clearly, the evidence establishes that Ella Guru’s owned the piano. The court accordingly finds that the piano was not property of the debtor’s estate.

Varney v. Derryberry (In re Stroh)

38 B.R. 95 · United States Bankruptcy Court, N.D. Ohio · Feb 13, 1984

In sum, the Court finds that notwithstanding the lack of a formal written agreement, considering all the circumstances, the parties through their actions established a landlord-tenant relationship. … Further *100 more, pursuant to the provisions of § 1917.34 Ohio Revised Code, it is argued that since plaintiffs interest is unassailable by a judgment creditor of the debtor, it is similarly immune from any claim of the

In Re Fortune Natural Resources Corp.

366 B.R. 558 · United States Bankruptcy Court, E.D. Louisiana · Apr 12, 2007

after notice and a hearing. 10 Allowance of a claim under § 503(b)(1) is not only an allowance against the estate, but it gives the claim a high ranking priority over other claims. 11 In the Fifth Circuit, “in order to qualify … As such, the court went on, “they are clearly within the category of professional persons who may be employed by the debtor only with the court’s approval under Code § 327.” 24 In In re Canton Jubilee, 253 B.R. 770 (Bankr.E.D.Tex

Waterside Apartments, Inc. v. Havee (In re R. S. Grist Co.)

8 B.R. 790 · United States Bankruptcy Court, S.D. Florida. · Oct 28, 1980

Havee is the duly appointed qualified and acting Interim Trustee for the estate of Waterside Towers, Inc. … However, the evidence clearly has established that Waterside Towers, Inc. is the same corporation as Waterside Apartments, Inc. and that the confusion arose due to the fact that the officers of Waterside Apartments, Inc.

In Re Haning

252 B.R. 799 · United States Bankruptcy Court, M.D. Florida · Jun 20, 2000

The burden is on Creditor to establish with preponderance of the evidence that Debtors in fact are not entitled to the exemptions claimed. FED. R. BANKR. P. 4003(c). … The listed Homestead is clearly Debtors’ primary residence and there is no evidence that Debtors lease any portion of that property.

Elmore v. Massachusetts Higher Education Assistance Corp. (In Re Elmore)

230 B.R. 22 · United States Bankruptcy Court, D. Connecticut · Feb 26, 1999

Elmore satisfied the minimal standard of living test, she would not qualify for a discharge without satisfying each of the remaining two Brunner prongs. … Elmore has failed to establish at “good faith” effort at repayment. Failure to meet her burden to establish even one of Brunner’s three requirements is fatal to Mrs.

In Re Ellington

151 B.R. 90 · United States Bankruptcy Court, W.D. Texas · Jan 29, 1993

Courts have never reduced the doctrine of judicial estoppel to a clearly defined principle. See Cassidy, 892 F.2d at 641 . … The “absolute prerequisite” of NCNB’s ability to “amend” the informal proof of claim of First Republic (if, indeed, the lift *99 stay motions qualify as such) would have been NCNB’s compliance with Rule 3001(e)(2).

Barber v. Riverside International Trucks, Inc. (In Re Pearson Industries, Inc.)

142 B.R. 831 · United States Bankruptcy Court, C.D. Illinois · Jul 31, 1992

Likewise, Riverside’s assertion that the Debtor does not qualify as a buyer in the ordinary course of business misapplies Section 1-201(9) of the Uniform Commercial Code. … The evidence did not establish that Riverside had loaned the chassis to the Debtor to use as a demonstrator.

In re Motors Liquidation Co.

576 B.R. 313 · United States Bankruptcy Court, S.D. New York · Aug 31, 2017

. # 13177) holding, among other things, that the Sale Order and Injunction would be modified because Ignition Switch Plaintiffs 3 (but not other plaintiffs, such as Reichwaldt) established a due process violation in connection … But the December 2016 OSC clearly identified the availability of punitive damages as a 2016 Threshold Issue.

Johnson v. Internal Revenue Service of the Department of the Treasury of the United States (In Re Johnson)

386 B.R. 171 · United States Bankruptcy Court, W.D. Pennsylvania · Apr 16, 2008

Clearly, this has never been the purpose contemplated for Section 506(d). In re Butler, 139 B.R. 258, 259 (Bankr.E.D.Okl.1992). … The Dever court further stated: Nothing in Sections 506 or 1129 suggests that IRS liens or claims are totally immune from avoidance or modification.

In re EB Holdings II, Inc.

589 B.R. 704 · United States Bankruptcy Court, D. Nevada · Dec 15, 2017

Banca Nationala A Romaniei , 306 N.Y. 242 , 249, 117 N.E.2d 346 (1954) (no breach where agreement 'clearly establish[ed] that no duty was imposed upon, or assumed by [defendants]"). … The State Court's finding number 2 clearly pertains to the fifth cause of action in EB Holdings' counterclaim and third party complaint.

In Re Sasson Jeans, Inc.

80 B.R. 289 · United States Bankruptcy Court, S.D. New York · Dec 2, 1987

Bergenfield, the duly appointed and qualified Chapter 11 Trustee (the “Trustee”) of Sasson Jeans, Inc. … Bergenfield has qualified and is presently acting as Chapter 11 Trustee for Sasson. 7.

Heritage Bank v. McCracken (In re McCracken)

586 B.R. 247 · United States Bankruptcy Court, S.D. Texas · Mar 19, 2018

A document qualifies as materially false if it contains information causing it to be substantially inaccurate or omits relevant information. Id. at 602-03 ; see also Matter of Jordan , 927 F.2d at 224 . … The financial statements and tax returns used by McCracken to obtain credit from Heritage are clearly false.

In Re Sasson Jeans, Inc.

83 B.R. 206 · United States Bankruptcy Court, S.D. New York · May 13, 1988

Bergenfield, the duly appointed and qualified Chapter 11 Trustee (the “Trustee”) of Sasson Jeans, Inc. … The Trustee is clearly by Order of this Court abandoned property which has been the subject of the sale and further disposition. MR.