Case law

Nelson v. Mineer (In Re Mineer)

11 B.R. 663 · United States Bankruptcy Court, D. Colorado · Jun 11, 1981

See, e. g., In re Brown, 7 B.R. 268 (Bkrtcy., B.W.D.N.Y.1980). … See, e. g., Poolman v. Poolman, 289 F.2d 332 (8th Cir. 1961). However, there are other factors present in this case that compel the Court to reach the opposite conclusion.

In Re Ellerstein

105 B.R. 214 · United States Bankruptcy Court, W.D. New York · Oct 6, 1989

Bank v. Kiley, 75 A.D.2d at 477 , 430 N.Y.S.2d 900 ; First Natl. Bank v. G.F. Clear, Inc., 103 A.D.2d 951 , 479 N.Y.S.2d 802 (3rd Dep’t 1984); Citibank, N.A. v. … See First Federal Sav. v. Brown, 78 A.D.2d 119 , 434 N.Y.S.2d 306 (4th Dep’t 1980).

Martin v. Internal Revenue Service (In re Martin)

508 B.R. 717 · United States Bankruptcy Court, E.D. California · Mar 31, 2014

United States (In re Rhodes), 498 B.R. 357, 369 (Bankr.N.D.Ga.2013) (adopting Colsen version of Beard Test); Brown v. Mass. … Co. v.

Citizens & Southern International Bank, Inc. v. Oswald (In re Oswald)

40 B.R. 465 · United States Bankruptcy Court, S.D. Florida. · Jun 11, 1984

Brown v. Felsen, 442 U.S. 127 , 99 S.Ct. 2205 , 60 L.Ed.2d 767 (1979). The fact that the judgment is that of a District Court rather than a State court is immaterial. … This was the point decided in Carey Lumber Co. v. Bell, 615 F.2d 370, 378 (5th Cir.1980). That decision is presently binding within this Circuit.

In Re Western Preferred Corp.

58 B.R. 201 · United States Bankruptcy Court, N.D. Texas · Dec 6, 1985

V. Banks’ Abandonment of Repayment Plan 25. … Provident Bank v. BBT (In Re BBT), 11 B.R. 224, 232 (Bankr.Nev.1981); Central Trust Co. v. Mr. D. Realty Co. (In Re Mr. D. Realty Co.), 27 B.R. 359, 364 (Bankr.S.D.Ohio 1983). II.

Edisto Resources Corp. v. McConkey (In Re Edisto Resources Corp.)

158 B.R. 954 · United States Bankruptcy Court, D. Delaware · Sep 9, 1993

V. No punitive damages will be allowed. Edisto also claims damages pursuant to 11 U.S.C. § 362 (h). … Accord Garrity v. Hospital Consultants, Inc.

GLC Ltd. v. Smith (In re GLC Ltd.)

475 B.R. 618 · United States Bankruptcy Court, S.D. Ohio · Jul 13, 2012

Browning v. Levy, 283 F.3d 761, 773 (6th Cir.2002). … See Stern v.

Frisbee v. Frisbee (In Re Frisbee)

144 B.R. 839 · United States Bankruptcy Court, W.D. Tennessee · Aug 20, 1992

, And Support Obligations: The Approach In The Sixth Circuit, 56 Tenn.L.Rev. 507, 527-28 (1989) (citing Singer v. … Singer (In re Singer), 787 F.2d 1033, 1038 (6th Cir.1986) (Guy, J., concurring) (citing Johnson v.

In Re Pacific Express, Inc.

56 B.R. 859 · United States Bankruptcy Court, E.D. California · Dec 31, 1985

Cohen, a member of the Board of Directors of Pacific Express and corporate secretary of both debtors, Erwin Millimet, Charles Hochman and Robert M. … The review of attorneys fees and expenses is within the discretion of the court, Arenson v.

McCorhill Publishing, Inc. Ex Rel. Barr v. Greater New York Savings Bank (In Re McCorhill Publishing, Inc.)

86 B.R. 783 · United States Bankruptcy Court, S.D. New York · May 19, 1988

It is alleged by Tucker that Corwin was not at the closing, but that his signature was obtained at Newark Airport, where Corwin was waiting to board a plane. 16. … American Express Co. v. Brown, 392 F.Supp. 235 (S.D.N.Y.1975) citing Heelan v. Security National Bank, 73 Misc.2d 1004 , 343 N.Y. S.2d 417, 421 (Dist.Ct. Suffolk Co. 1973).

Spradlin v. Williams (In re Alma Energy, LLC)

521 B.R. 1 · United States Bankruptcy Court, E.D. Kentucky · Oct 22, 2014

But two, Brown and Moitie, refilled similar actions in state court. Id. at 396 , 101 S.Ct. 2424 . … The actions in which Brown and Moitie sought an exception to res judicata were the removed state-court actions, which were completely independent from the actions in which the Ninth Circuit’s reversal on which Brown and Moitie

Oklahoma Plaza Investors, Ltd. v. Wal-Mart Stores, Inc. (In Re Oklahoma Plaza Investors, Ltd.)

124 B.R. 108 · United States Bankruptcy Court, N.D. Oklahoma · Feb 21, 1991

Co. v. F. W. … In Slater v.

In Re Doyle Lumber, Inc.

137 B.R. 197 · United States Bankruptcy Court, W.D. Virginia · Feb 11, 1992

Even though the debtor applied for a permit in 1989, the State Water Control Board did not issue one until September 23, 1991. … In Midlantic Nat’l Bank v.

In re Gill

529 B.R. 31 · United States Bankruptcy Court, W.D. New York · Apr 16, 2015

Johnson v. … LEXIS 4717 , at *13; see also Brown, 481 B.R. at 350 .

Townsend v. Morequity, Inc. (In Re Townsend)

309 B.R. 179 · United States Bankruptcy Court, W.D. Pennsylvania · Apr 29, 2004

Wright Leonard, sits on the board of directors of the National Association of Document Examiners, and is certified by that organization as well as by the American Board of Forensic Examiners. Ms. … She belongs to various professional organizations, is on the board of directors of the National Association of Document Examiners, is on the editorial staff of the Forensic Journal Board. Id. at 112.

Tronox Inc. v. Anadarko Petroleum Corp. (In Re Tronox Inc.)

429 B.R. 73 · United States Bankruptcy Court, S.D. New York · Mar 31, 2010

On October 6, 2005, the New Kerr-McGee Board of Directors approved the separation of the Chemical Business through a spin-off. … (citing 3 Collier on Bankruptcy, ¶ 502.04 (15th ed.1993))); In re The Brown Schools, 368 B.R. 394, 414 (Bankr.D.Del.2007); In re Alliance Leasing Corp., 2007 WL 5595446 , at *9 (Bankr.M.D.Tenn. July 3, 2007).

In re Kurtz

502 B.R. 238 · United States Bankruptcy Court, D. Colorado · Nov 26, 2013

Bank One, N.A. v. Leuellen, 322 B.R. 648, 652-253 (S.D.Ind.2005). See also, Keith M. Lundin & William H. Brown, Chapter 13 Bankruptcy, 4th Ed. § 264.1, at ¶ 4-6, Sec.Rev. July 14, 2004, www.Chl3online.com. … In Nobelman v.

Daniel v. Boyd (In Re Boyd)

347 B.R. 349 · United States Bankruptcy Court, W.D. Arkansas · Aug 8, 2006

Brown (In re Brown) 108 F.3d 1290, 1295 (10th Cir.1997)(finding that the existence of amendments made only after the falsity of the original documents were revealed did not negate the knowing false oaths in the original petition … ); Sholdra v.

Brandt v. Leasing One Corp. (In re Equipment Acquisition Resources, Inc.)

481 B.R. 433 · United States Bankruptcy Court, N.D. Illinois · Sep 28, 2012

Relying, inter alia, on B.E.L.T., Inc. v. Wachovia Corp., 403 F.3d 474 (7th Cir.2005) and Sharp Int’l Corp. v. State St. Bank and Trust Co. … Brown, 265 U.S. 1 , 44 S.Ct. 424 , 68 L.Ed. 873 (1924). . The court notes that while under Rule 9(b), states of mind may be alleged generally, the Supreme Court noted in Ashcroft v.

OHC Liquidation Trust Ex Rel. Alvarez & Marsal, LLC (In Re Oakwood Homes Corp.)

325 B.R. 696 · United States Bankruptcy Court, D. Delaware · Jun 7, 2005

Plaintiff directs the Court to a footnote in Board of Trustees of Teamsters Local 863 Pension Fund v. … of Trustees of Teamsters Local 863 Pension Fund v.