Case law

In re Brookstone Holdings Corp.

592 B.R. 27 · United States Bankruptcy Court, D. Delaware · Oct 1, 2018

accordance with a "store closing" and other mutually agreed upon themed sale, and recommend appropriate point-of-purchase, point-of-sale, and other internal and external advertising in connection therewith; (ii) Provide qualified … Because the undisputed record clearly establishes that Hilco was not hired to conduct an auction on behalf of Debtor, the Court concludes that Hilco has not been engaged as an "auctioneer" for the purposes of § 327(a).

Supreme Service & Specialty Co. v. Bennu Oil & Gas, LLC (In re ATP Oil & Gas Corp.)

550 B.R. 110 · United States Bankruptcy Court, S.D. Texas · Apr 12, 2016

The parties dispute whether the on-shore storage commenced prior to the Senior Lien cut-off date qualifies as services entitling Supreme to a lien under LOWLA. … The court went further to point out that the word “operations” under LOWLA “is clearly limited to activities conducted on a well site.” Id. In J. Ray McDermott, Inc. v.

In Re Hollis and Co.

86 B.R. 152 · United States Bankruptcy Court, E.D. Arkansas · Apr 25, 1988

Clearly, whatever I decide can be supported by case law. The trick is to do justice." In re Furimsky, 40 B.R. 350, 854 (Bkrptcy.D.Ariz.1984). … Charles Darwin Davidson is the duly appointed acting and qualified Bankruptcy Trustee in this Chapter 11 proceeding. 2. Defendant is a national banking association based in Boston, Massachusetts. 3.

In Re Lotus Properties LP

200 B.R. 388 · United States Bankruptcy Court, C.D. California · Sep 16, 1996

Trustee Guidelines for distribution of retainers were established. … This result is improper and may discourage qualified practitioners from participating in bankruptcy cases; a result that is clearly contrary to Congressional intent.” Id. at 672 .

In Re Rasbury

130 B.R. 990 · United States Bankruptcy Court, N.D. Alabama · Sep 5, 1991

To establish an objected-to claim, both liability and specific amount must be proven. … Section 530 requires that a qualifying taxpayer have treated its workers consistently for tax purposes and that the classification was “reasonable.”

In re Walker

347 B.R. 896 · United States Bankruptcy Court, D. Idaho · Mar 18, 2005

The tax assessment records later submitted after hearing appear to show that the taxes assessed on the “structure” (apparently but not clearly the mobile home) are contained in the bills for Tax Lot # 600. … Debtor has not, as yet, established that the higher amount is applicable.

Valley Memorial Homes v. Hrabik (In Re Hrabik)

330 B.R. 765 · United States Bankruptcy Court, D. North Dakota · Jul 28, 2005

On April 25, 2002, Valley Memorial Homes sent a letter to Wayne Hrabik stating that it had made a determination that the services furnished to her after April 25, 2002, would not qualify for payment by Medicare. … The language “obtained by” clearly indicates that the fraudulent conduct occurred at the inception of the debt, i.e., the debtor committed a fraudulent act to induce the creditor to part with its money, property or services

In Re Klein

106 B.R. 396 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 19, 1989

Therefore, the instant mortgage includes at least certain “appliances,” and would not qualify under § 1322(b)(2) under the Hougland court’s analysis. … In fact, ample authority establishes that the obligation set forth in a note merges with a judgment on the note, just as a mortgage obligation merges with a foreclosure judgment.

Pettibone Corp. v. Payne (In Re Pettibone Corp.)

151 B.R. 166 · United States Bankruptcy Court, N.D. Illinois · Jan 21, 1993

Thus, it is well established that a “creditor’s claim can be barred for untimeliness only upon a showing that it received reasonable notice.” New York v. … Class 4 claimants are not paid by Pettibone, but may recover from the “stock pool” established by the Plan.

In Re Tudor

342 B.R. 540 · United States Bankruptcy Court, S.D. Ohio · Dec 9, 2005

Whatever modifiers are used in a sentence, they must be placed so that they relate clearly to the words they modify.” Id. at 20 (quoting John L. … 214 , 273 N.E.2d 893, 895-96 (1971) (“Consideration of the [statute's] title is especially proper where, as in Ohio, ... there is a constitutional provision that no bill shall contain more than one subject, which shall be clearly

Yavor v. City One Locksmith

United States Bankruptcy Court, C.D. California · Mar 5, 2020

There 15 is no caselaw or statute that supports the theory that an unnamed person who would 16 qualify as a Doe defendant and is known to the Plaintiff prior to dismissal of an initial 17 lawsuit is then forever barred … This creates a few interesting issues given that this lawsuit is for simple negligence and the Trustee is immune from such claims.

Nguyen v. Van Quach (In Re Van Quach)

187 B.R. 615 · United States Bankruptcy Court, N.D. Illinois · Oct 10, 1995

Allegations in the pleadings are to be construed in favor of the nonmoving party and the motion should be granted “only if the moving party clearly establishes that no material issue of fact remains to be resolved and that … Plaintiff's reliance on In re Malcolm, 145 B.R. 259 (Bankr.N.D.Ill.1992) as establishing the standard for reasonable reliance is misplaced.

In Re Motors Liquidation Co.

447 B.R. 198 · United States Bankruptcy Court, S.D. New York · Mar 7, 2011

immunity for acts undertaken in connection with the case. … But none of the qualifying circumstances has been even argued to be applicable to the exculpation provisions here.

In Re Table Talk, Inc.

22 B.R. 706 · United States Bankruptcy Court, D. Massachusetts · Aug 27, 1982

The new president appears well-qualified for his task. He has focused on the chief business problems in the debtor’s life, and has taken concrete steps to address them. … The legislative history clearly states the standard: the protection must be needed and the costs must not be *713 disproportionately high.

Kingdom Fresh Produce v. Bexar County (In re Delta Produce, LP)

521 B.R. 576 · United States Bankruptcy Court, W.D. Texas · Sep 22, 2014

The Second ' Circuit first found that the railroad did not qualify as a PACA trust beneficiary because it was not a “seller of perishable agricultural commodities,” only a transporter. Id. at 241-42 . … an express written waiver by the principal clearly showing the principal’s intent to waive its rights under PACA.”).

In re M&G U.S. Corp.

599 B.R. 256 · United States Bankruptcy Court, D. Delaware · May 6, 2019

Allowance of professional fees under section 503(b)(4) is *262 therefore contingent upon establishing a claim under section 503(b)(3)(D). … The Bankruptcy Code does not define "substantial contribution," but nearly all courts and the leading bankruptcy treatise agree that the contribution must provide "tangible, clearly demonstrable benefits to the estate." 5

Grant v. USA, Dept. of Ed. (In Re Grant)

398 B.R. 205 · United States Bankruptcy Court, N.D. Ohio · Oct 8, 2008

funded in whole or in part by a governmental unit or nonprofit institution; or (ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or *209 (B) any other educational loan that is a qualified … Stemming from this principle, this Court has consistently espoused the maxim, now cited to favorably by the District Court, that, (1) a debtor’s distressed state of financial affairs must be the result of events which are clearly

Cadle Co. v. King (In Re King)

272 B.R. 281 · United States Bankruptcy Court, N.D. Oklahoma · Jan 16, 2002

Turning first to the transfers from Jackson to the Debtor, the Court finds that they do not qualify as gifts under Duberstein . … Clearly he was attempting to place his personal funds, many of which came from Jackson and Lay, beyond the reach of Cadle and perhaps other creditors.

Sharon S. Brainard

United States Bankruptcy Court, D. Connecticut · May 25, 2023

Prior to the Petition Date, the debtor established the Fidelity IRA Account by depositing a check from a People’s United Bank checking account containing only proceeds of a “non-qualified” plan under ERISA. … In In re Ecle Kees, the former husband’s retirement accounts were clearly tax qualified, while here the debtor’s ex-spouse’s retirement account was a non-qualified plan.

In Re Jones

446 B.R. 466 · United States Bankruptcy Court, D. Kansas · Jan 25, 2011

The RRA establishes conditions for retirement and disability, but it does not address employer tort liability. … Debtor clearly needs the liquidated annuity now to address his current financial crisis and to provide for himself and his spouse. B.