Case law

At & T Universal Card Services Corp. v. Akdogan (In Re Akdogan)

204 B.R. 90 · United States Bankruptcy Court, E.D. New York · Jan 15, 1997

In his Summary Judgment Motion, the Debtor contends the Plaintiff cannot establish two essential elements of its claim, misrepresentation and reliance. … Clearly, this incomprehensible computer printout is hardly a sufficient response to the Debtor’s properly supported Summary Judgment Motion.

Reyes v. FCC National Bank (In Re Reyes)

238 B.R. 507 · United States Bankruptcy Court, D. Rhode Island · Jul 13, 1999

This is not enough to establish an enterprise distinct from the person. See Richmond, 52 F.3d at 640 . … Clearly, the Bankruptcy Code has not been silent on the question at hand.

In Re MacDonald

222 B.R. 69 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 24, 1998

“Clearly, evidence not admitted into the record cannot be considered.” In re Blanchard, 201 B.R. 108 , 114 & n. 1 (Bankr.E.D.Pa.1996). … Nor is the Trustee immune from this epidemic of “briefitis.”

In Re Kenval Marketing Corp.

40 B.R. 445 · United States Bankruptcy Court, E.D. Pennsylvania · May 31, 1984

Four months later, on July 6, 1983, three qualified creditors, to whom was owed 72% in amount of the claims against the debtor, filed an involuntary petition for relief against it under chapter 7 of the Bankruptcy Code (“ … In our original opinion we held that the petitioning creditors had established a pri-ma facie case for the entry of relief under 11 U.S.C. § 303 (h), 4 which conclusion is not challenged in the motion for reconsideration.

Cadle Co. v. Zofko (In Re Zofko)

344 B.R. 68 · United States Bankruptcy Court, W.D. Pennsylvania · Jun 27, 2006

Personal property was split between the parties and Marian Zofko obtained a Qualified Domestic Relations Order against the Debtor’s IRA accounts. … The creditor opposing discharge therefore has the burden of establishing that an obligation is not dischargeable. Grogan v. Gamer, 498 U.S. 279 , 111 S.Ct. 654 , 112 L.Ed.2d 755 (1991).

In Re St. Stephen's 350 East 116th St.

313 B.R. 161 · United States Bankruptcy Court, S.D. New York · Aug 5, 2004

As noted above, the Court concluded differently. 11 However, I also held that M & T had yet to establish its reasonable costs and expenses incurred because of Mr. … Hancock clearly has not provided the kind of evidence necessary to establish that the Court’s rulings were obtained by fraud or misrepresentation. 3.

Matter of Continental Airlines, Inc.

146 B.R. 520 · United States Bankruptcy Court, D. Delaware · Aug 6, 1992

Movants must establish a benefit to the estate to receive priority payment ahead of the other general unsecured claims. … While mere possession is not sufficient to qualify for an administrative expense under section 503(b), neither must the standard be impossible to meet.

In re GT Advanced Technologies, Inc.

547 B.R. 3 · United States Bankruptcy Court, D. New Hampshire · Mar 1, 2016

Third, the Debtors argue that the lost profits claim does not qualify as an administrative expense under the “exception” for claims that arise from a debtor’s postpetition tortious activity or violations of the law. … Here, TXT’s claims based on GTAT Ltd.’s alleged failure to provide appropriate licenses, software, service, or support all stem from its prepetition contractual relationship with GTAT Ltd. and accordingly do not qualify for

Stein v. Bank of New England, N.A. (In Re Stein)

218 B.R. 281 · United States Bankruptcy Court, D. Connecticut · Apr 7, 1998

While the Debtor’s son did not execute the Note 2 , he clearly benefited from the education funded by the loan proceeds. … Even if the Debtor satisfied the minimal standard of living test, he would not qualify for a discharge without satisfying each of the remaining two Brunner prongs.

In Re Miller

335 B.R. 335 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 19, 2005

Clearly, the Trustee must concede that the Debtor must pay for some housing; the question is how much? … Without proof of some restraint on assignment, privity by succession would be established between the Debtor and the present holders. 6 .

Stearns Bank, N.A. v. Rent-A-Tent, Inc.

468 B.R. 442 · United States Bankruptcy Court, N.D. Georgia · Feb 17, 2012

“To qualify as a bona fide purchaser for value without notice, a party must have neither actual nor constructive notice of the matter at issue.” Virginia Highland Civic Ass’n, Inc. v. … Although the promissory note mentioned is in the amount of $313,000 (clearly the Antioch Note), the deed purportedly being modified was the Barnes Deed.

Sunshine-Jr. Stores, Inc. v. Autopump Services Co. (In Re Sunshine-Jr. Stores, Inc.)

240 B.R. 788 · United States Bankruptcy Court, M.D. Florida · Nov 2, 1999

Consequently, this Court finds Sunshine-Jr. failed to establish that Autopump’s breach caused any lost profits and is not entitled to these damages. … Aulopump contends that the materials and equipment in the Purchase Order qualify as "goods” because they were movable at the inception of the contract.

In Re Rivers

466 B.R. 558 · United States Bankruptcy Court, M.D. Florida · Mar 12, 2012

As the function of the Means Test is to be a mechanical formula for establishing a presumptive bar to obtaining relief in a Chapter 7 case, it is fitting that the deductions should be bright line measurements. … The Means Test functions as an initial screen to weed out those Chapter 7 petitions that are most clearly abusive.

In Re Shapiro

109 B.R. 127 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 4, 1990

We are therefore inclined to deny this motion without prejudice, in the event that a record establishing such issues, or showing that they cannot be established, is made later. … However, if we were to accept Powell’s appraisal figure, we would have to find that the Debtor, at the time of purchase; the other qualified appraisers, hired by and relied upon by Liberty less than a year ago; and Hirsch

In Re Public Service Co. of New Hampshire

88 B.R. 521 · United States Bankruptcy Court, D. New Hampshire · Jun 22, 1988

The debtor has also assured the court that all qualified negotiating parties will have full access to that computerized information. … Those complexities seem to me to require some sort of data bank accessible to all qualified parties in the negotiating process.

In Re Sauer

223 B.R. 715 · United States Bankruptcy Court, D. North Dakota · May 27, 1998

In order to establish a right of setoff under this section, the creditor must establish the following three elements: 1. … And of the enumerated exceptions therein, no provision has been made immunizing reorganizing debtors from any otherwise valid rights of setoff asserted against them.

In Re Zak

361 B.R. 481 · United States Bankruptcy Court, N.D. Ohio · Jan 12, 2007

” at least as applied to leased premises, inasmuch as the latter is simply an act on the part of the lessee alone; but to show surrender, a mutual agreement between lessor and lessee that the lease is terminated must be clearly … The Bankruptcy Court in Singletary was constrained to follow the precedent established by the Fifth Circuit Court of Appeals in In re Cortez, 457 F.3d 448 (5th Cir.2006), a pre-BAPCPA case.

Matter of Century Brass Products, Inc.

107 B.R. 8 · United States Bankruptcy Court, D. Connecticut · Oct 31, 1989

It is clearly the type of transaction which creditors expect to have notice of in view of its potential impact on increasing the administration expenses of an estate. … I conclude that Santaguida has failed to establish, by a preponderance of the evidence, that he is entitled to payment for accrued vacation time for the years 1985, 1986 and 1987.

In Re the Bible Speaks

65 B.R. 415 · United States Bankruptcy Court, D. Massachusetts · Oct 8, 1986

Clearly the Dovydenas claim poses a threat to the Debtor’s continued existence. … Termination of the automatic stay would clearly frustrate the principal purpose of the proposed reorganization. VI. Abstention Mrs.

Holmes v. Deutsche Bank National Trust Co. (In Re Holmes)

403 B.R. 634 · United States Bankruptcy Court, D. Minnesota · Mar 13, 2009

The record does not establish the specific date of this first contact. … Julie Holmes clearly contemplated that at the time. 4 . Mitchell Peterson's supervisor at Ameri-quest was one Jason Peterson.