Case law

In re: Gulfcoast Irrevocable Trust; In re: Gulfcoast Irrevocable Trust XIV; In re: Gulfcoast Irrevocable Trust XIX

United States Bankruptcy Court, D. Puerto Rico · Dec 11, 2013

The movant “must either clearly establish a manifest error of law or must presen 22 newly discovered evidence.” Id. See also; BBVA v. Vazquez (In re Vazquez), 471 B.R. 752, 76 93 (B.A.P. … (Case No. 12-06338, Docke 24 No. 98, Case No. 12-06339, Docket No. 97 and Case No. 12-06340, Docket No. 97). 25 The court finds that the Debtors have failed to clearly establish a manifest error of la

Beumeler v. Hillen

United States Bankruptcy Court, D. Idaho · Dec 15, 2021

To satisfy their burden of establishing the irreducible minimum standard of constitutional standing, Shoemaker and Beumeler must “clearly . . . allege facts demonstrating each element.” … When clearly assisting a judge in carrying out the former’s judicial functions, a law clerk falls under the umbrella of judicial immunity because they are “probably the one participant in the judicial process whose duties

In Re Foothills Texas, Inc.

408 B.R. 573 · United States Bankruptcy Court, D. Delaware · Jul 28, 2009

As such, this court finds no basis for proclaiming a rigid rule to determine who qualifies as a corporate officer— *582 beyond observing that proof of officer status requires more than just a title, and less than actual control … As the payments here are clearly retentive, section 503(c)(2) is not implicated. Section 503(b)(3) would only be applicable were the Court to find that Messrs. Drennan and/or Moustakis are not officers.

In Re National Real Estate Ltd. Partnership II

87 B.R. 986 · United States Bankruptcy Court, E.D. Wisconsin · Jun 16, 1988

The record has clearly established that the debtor lacks equity in the Round Tree Apartments. The total of all of the outstanding liens and encumbrances has been found to be not less than $3,750,000. … Albert Scruggs Love Jr., a highly qualified and respected appraiser and a partner of this firm, presented testimony in support of the appraisal.

Cooper v. Ashley Communications, Inc. (In Re Morris Communications NC Inc.)

75 B.R. 619 · United States Bankruptcy Court, W.D. North Carolina · Jul 15, 1987

The other cellular operating license would be granted to a “non-wireline” operator, that is any party other than an established telephone company. … Thus, all elements of the Trustee’s case, except the issue of reasonably equivalent value, were established at the outset of the trial.

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.

J. C. Investments, Inc. v. United States (In re J. C. Investments, Inc.)

15 B.R. 392 · United States Bankruptcy Court, M.D. Florida · Oct 16, 1981

There is no doubt that this was not a sale of the land contracts and the monies received under this arrangement were clearly loan proceeds and not proceeds of a sale of the land contracts. … Even assuming, but not admitting that JCI did not qualify for the installment method of income reporting because it did not keep sufficient and accurate records which under the regulations of the Service is a condition precedent

In re: Gulfcoast Irrevocable Trust; In re: Gulfcoast Irrevocable Trust XIV; In re: Gulfcoast Irrevocable Trust XIX

United States Bankruptcy Court, D. Puerto Rico · Dec 11, 2013

The movant “must either clearly establish a manifest error of law or must presen 22 newly discovered evidence.” Id. See also; BBVA v. Vazquez (In re Vazquez), 471 B.R. 752, 76 93 (B.A.P. … (Case No. 12-06338, Docke 24 No. 98, Case No. 12-06339, Docket No. 97 and Case No. 12-06340, Docket No. 97). 25 The court finds that the Debtors have failed to clearly establish a manifest error of la

In Re McNar, Inc.

116 B.R. 746 · United States Bankruptcy Court, S.D. California · Jul 13, 1990

Rule 2014(a) establishes the procedure for appointment of counsel. … McNamar [sic] is clearly not acting in the corporation’s interest, having filed the proceeding against the corporation.

Buncher Co. v. Flabeg Solar US Corp. (In re Flabeg Solar US Corp.)

499 B.R. 475 · United States Bankruptcy Court, W.D. Pennsylvania · Oct 2, 2013

The parties did not dispute on the record that Debtor, referred to by both parties as the great-grandchild of GmbH, qualifies as a subsidiary or affiliate under the Lease. … Furthermore, Debtor did not establish its ability to provide ongoing rental payments to Buncher.

Martin v. Morello (In Re Morello)

185 B.R. 753 · United States Bankruptcy Court, E.D. Tennessee · Aug 24, 1995

Spong, 661 F.2d 6 (2d Cir.1981), the Second Circuit allowed an attorney to file a complaint raising the issue of whether a debt for legal services rendered to a debtor’s former spouse in connection with a divorce proceeding qualifies … For purposes of ruling on the debt- or’s Motion, the record before the court clearly establishes that “[c]ounsel for the mother [was] awarded an attorney’s fee” in the Final Judgment of Divorce.

Suarez v. United States (In Re Suarez)

182 B.R. 916 · United States Bankruptcy Court, S.D. Florida. · Apr 17, 1995

Since Debtor clearly is neither a mechanic’s lienor not the holder of a security interest in the property, he is entitled to relief under § 6323(a) only if he qualifies as a purchaser or judgment lien creditor. … Nor could it ever be established since there is no debt to be secured by a lien, just the redistribution of an interest in property.

Grubin v. Rattet (In Re Food Management Group, LLC)

380 B.R. 677 · United States Bankruptcy Court, S.D. New York · Jan 23, 2008

DR 7-102(b)(2), 22 NYCRR § 1200.33 (“A lawyer who receives information clearly establishing that a person other than the client has perpetrated a fraud upon a tribunal shall promptly reveal the fraud to the tribunal.”). 14 … DR 7-102(b)(2) requires evidence "clearly establishing” that a fraud has been committed to find a disciplinary violation for nondisclosure, the burden of proof for imposing civil liability is a preponderance of the evidence

Falcon Creditor Trust v. Blue Cross Blue Shield (In Re Falcon Products, Inc.)

372 B.R. 474 · United States Bankruptcy Court, E.D. Missouri · Jul 20, 2007

The Trust then alleged that certain elements of Blue Cross’ resulting claim do not qualify for priority treatment. … Blue Cross has established that no material facts are in dispute. 7.

GULFCOAST IRREVOCABLE TRUST

United States Bankruptcy Court, D. Puerto Rico · Dec 11, 2013

The movant “must either clearly establish a manifest error of law or must presen 22 newly discovered evidence.” Id. See also; BBVA v. Vazquez (In re Vazquez), 471 B.R. 752, 76 93 (B.A.P. … (Case No. 12-06338, Docke 24 No. 98, Case No. 12-06339, Docket No. 97 and Case No. 12-06340, Docket No. 97). 25 The court finds that the Debtors have failed to clearly establish a manifest error of la

Baird Stokes

United States Bankruptcy Court, E.D. North Carolina · Jun 9, 2023

Stokes argues the Shipyard did not establish a valid maritime lien on the Sailboat. … “For a party to establish a maritime lien in a vessel: (1) the good or service must qualify as a “necessary”; (2) the good or service must have been provided to the vessel; (3) on the order of the owner or agent; and (

In re Residential Capital, LLC

537 B.R. 161 · United States Bankruptcy Court, S.D. New York · Sep 4, 2015

In response, Robertson asserts that “[a]s the undisputed owner of the property being assaulted, [he] is clearly a party in interest with standing to protect his property.” (Robertson Response at 4 (citation omitted).) … As a result, a plaintiff must establish that he or she has standing. See Raines v.

Schlossberg v. Fischer (In Re Fischer)

411 B.R. 247 · United States Bankruptcy Court, D. Maryland · Jan 28, 2009

Further, in Maryland, any conveyance made to a husband and wife without restrictive or qualifying words is made to them as tenants by the entirety. Brewer, 48 A. at 1062 . … No evidence was produced that the conveyance of the MBI stock to Benson and Mona Fischer was made with “restrictive or qualifying words.”

Steege v. Johnsson (In re Johnsson)

551 B.R. 384 · United States Bankruptcy Court, N.D. Illinois · Jun 2, 2016

The Bankruptcy Code does, however, qualify whether such property interests become property of a debtor’s bankruptcy estate. … This clearly established that the Debt- or, at the very least, was informed of her duty to report and turnover any inheritance that she may receive. For whatever reason, the Debtor decided to ignore this duty.

Colemichael Investments, L.L.C. v. Burke (In Re Burke)

405 B.R. 626 · United States Bankruptcy Court, N.D. Illinois · Jun 10, 2009

A fiduciary relation qualifies under § 523(a)(4) only if it “imposes real duties in advance of the breach.... ” Marchiando, 13 F.3d at 1116 . … A review of the evidence in this matter leads the Court to conclude that ColeMichael was clearly injured by Burke’s conduct.