Case law

In re Hutch Holdings, Inc.

532 B.R. 866 · United States Bankruptcy Court, S.D. Georgia · Mar 31, 2015

The Court’s order approving Hutch’s disclosure statement established that Executive Circle has a value of $600,000.00. (Dckts. 43, 149.) … In contrast, in In re Prince, the court of appeals found that the law firm at issue “cannot possibly qualify as a ‘disinterested person.’ ” Id. at 361 .

In Re Griffin

313 B.R. 757 · United States Bankruptcy Court, N.D. Illinois · Aug 26, 2004

The Ninth Circuit had previously advanced the notion that the portion of the retainer reflecting work done during the bankruptcy is immune from discharge, while the portion reflecting pre-filing work would be discharged because … This statement, however, is clearly in contravention of the Supreme Court's holding in Larnie v. U.S.

In Re Heldor Industries, Inc.

131 B.R. 578 · United States Bankruptcy Court, D. New Jersey · Sep 6, 1991

The bankruptcy courts are empowered to approve sales of estate property free and clear of liens and other interests, and Congress clearly intended such sales to be final and unassailable. … qualified by other definitional statutes suggests that the Act contemplates improved real estate; indeed, the only logical reading of the statute is that the industrial establishment to which the act refers is improved real

American Bank & Trust Co. of Pa v. Lebanon Steel Foundry (In Re Lebanon Steel Foundry)

48 B.R. 520 · United States Bankruptcy Court, M.D. Pennsylvania · Apr 12, 1985

He had considerable experience, was highly qualified and his appraisal of $1,400,000 must be given much greater weight than that of Lebanon’s appraiser. … The importance of taking into account the peculiar nature of bankruptcy proceedings in applying Rule 60(b) to that setting is well established.

In re Rhodes

563 B.R. 380 · United States Bankruptcy Court, M.D. Florida · Feb 3, 2017

Nationstar clearly had the ability to comply with the Confirmation and Sale Orders as evidenced by its compliance subsequent to the entry of the Order to Show Cause. … Compensatory *389 damages may include emotional distress, provided the Debtor (1) suffers significant emotional distress, (2) clearly establishes the significant emotional distress, and (3) demonstrates a causal connection

Toledo Trust Co. v. Peoples Banking Co. (In Re Hartley)

52 B.R. 679 · United States Bankruptcy Court, N.D. Ohio · Sep 10, 1985

The law is clearly to the contrary.” 402 P.2d at 377 . Finally, Oakes was another case which also refused to enforce an agreement between banks. … The Montanino case found that the parents of the woman the Debtor was living with qualified as “insiders.”

In re OAS S.A.

533 B.R. 83 · United States Bankruptcy Court, S.D. New York · Jul 13, 2015

First, Tavares was not qualified to file the petitions or serve as foreign representative because he had not been authorized by the Brazilian Court to exercise those powers. … Accordingly, the Court concludes that Tavares was duly appointed and qualified to act as the “foreign representative” in these chapter 15 proceedings. C.

Christians v. Crystal Evangelical Free Church ( in Re Young)

148 B.R. 886 · United States Bankruptcy Court, D. Minnesota · Dec 17, 1992

This broad and all encompassing definition clearly includes executory promises. The plain language of section 548 supports my point. … Clearly, the Moses court’s interpretation is not the way Congress wrote the statue.

Monfort, Inc. v. Kunkel (In Re Morken)

182 B.R. 1007 · United States Bankruptcy Court, D. Minnesota · Jun 16, 1995

Regardless of their claimed intent, the evidence presented by all parties clearly indicates that the sales were not in fact cash sales. … One of the issues raised by Ries and Firstar is whether the defendants qualify as sellers of livestock to a packer for purposes of the statute.

In Re Wheeling-Pittsburgh Steel Corp.

50 B.R. 969 · United States Bankruptcy Court, W.D. Pennsylvania · Oct 22, 1985

The balance of the equities clearly favors rejection of the collective bargaining agreements. [1113(c)(3) ]. … The Balance of the Equities Clearly Favors Rejection. The final issue to be resolved is whether the balance of the equities clearly favors rejection of the collective bargaining agreement.

In Re Copperfield Investments, LLC

421 B.R. 604 · United States Bankruptcy Court, E.D. New York · Jan 8, 2010

PCMC argues that its “pecuniary interests are clearly affected— the [Pauker Adversary [Proceeding seeks recovery from [PCMC] for some of the same transfers for which the derivative action seeks to hold the [Alleged Transferees … The Second Circuit has held that §§ 1103(c)(5) and 1109 include an “implied, but qualified right” of a creditors’ committee to assert colorable claims on behalf of the estate if the debtor or trustee unjustifiably refuses

In re Holler

463 B.R. 733 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 13, 2011

Under the four tests established by the Third Circuit Court in Hupfel’s, I conclude that the Judgments of Debtors are clearly not joint obligations through which Debtors consented to surrender the protections of their ownership … "D” shows clearly that the mortgaged property is Debtor’s home, 1618 Alex Court, Allentown (Salisbury Township), PA 18103.

In re Biolitec, Inc.

528 B.R. 261 · United States Bankruptcy Court, D. New Jersey · Dec 17, 2014

The settlement proposed that Chatham or any qualified overbidder would fund the creation of a trust for the benefit of unsecured creditors, pay the expenses of administering the trust, and waive any unsecured deficiency claim … It is well-established that § 105 may not be invoked to provide relief that contradicts the express requirements of the Code.

In Re Board of Directors of Multicanal S.A.

314 B.R. 486 · United States Bankruptcy Court, S.D. New York · Aug 27, 2004

Its clients are both qualified and non-qualified institutional buyers. WRH Partners Global Securities, L.P., a Huff entity, is ARC’s investment manager. … Such resales may be made to "qualified institutional buyers” as defined in 17 C.F.R. § 230 .144A(7)(a).

Krol v. Key Bank National Ass'n (In re MCK Millennium Centre Parking, LLC)

532 B.R. 716 · United States Bankruptcy Court, N.D. Illinois · Apr 30, 2015

Section 101(22)(A) clearly states that a commercial bank is a financial institution. (Amended Complaint, ¶ 8.) … and predictably using well established principles of statutory construction.”

In Re Hayes

414 B.R. 682 · United States Bankruptcy Court, D. Montana · Jan 7, 2009

An “ordinance” is a “rule established by authority!.]” In this case, it is clear that WSM is the “authority” that is charged with establishing the laws that govern the use of Serenity Lake. … The Restrictive Covenants clearly provide the Landowners access to the “common dock.”

In re City of Detroit

504 B.R. 191 · United States Bankruptcy Court, E.D. Michigan · Dec 20, 2013

The suit was clearly an act to exercise control over the City’s property. … This argument arises from the fact that the City mysteriously declined to qualify its financial analysts as expert witnesses.

In Re A.P.I. Inc.

324 B.R. 761 · United States Bankruptcy Court, D. Minnesota · Apr 29, 2005

Via the plan, the Debtor would establish a trust under 11 U.S.C. § 524 (g)(2)(B). … Because the “proceeding” was not qualified by nature or type, one could not tell whether counsel was *766 falling prey to the common imprecision of conflating a “proceeding” in a bankruptcy case with the bankruptcy “case”

In Re Smith

179 B.R. 437 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 2, 1995

In one sense, the Order established a very short bar date for GM. … The liquidity of the Debtor’s alleged equity in the Home is clearly illusory because it is rather clear that the Debtor’s interest in the Home is not marketable.

In Re Dartmouth Audio, Inc.

42 B.R. 871 · United States Bankruptcy Court, D. New Hampshire · Sep 8, 1984

It is now well established that franchise or distributor arrangements are executory contracts within the scope of Section 365 of the Code. … If Keith felt to the contrary in 1980, he could have so moved at that time to insist that the trustee act vigorously to assume and attempt to assign the franchise to a qualified assignee.