Case law

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”

Osherow v. Porras (In Re Porras)

312 B.R. 81 · United States Bankruptcy Court, W.D. Texas · May 26, 2004

The Trust and/or Blakley clearly should be in possession or control of such documents if they exist. … Under the rules of construction, this clause clearly creates a vested remainder subject to a condition subsequent.” McGill, 799 S.W.2d at 675 .

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.

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 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.

Kelley v. Opportunity Finance, LLC (In re Petters Co.)

550 B.R. 438 · United States Bankruptcy Court, D. Minnesota · May 19, 2016

But the Giller trustee’s reasons for qualifying his grant of substantive consolidation were different from those of the Trustee here. … In context that would have been established by the transfer- or-debtor’s use of its assets to pay debt on which it was not liable.

Delaine v. Delaine (In Re Delaine)

56 B.R. 460 · United States Bankruptcy Court, N.D. Alabama · Dec 20, 1985

Further, as Judge Joe Lee has stated: In deciding whether a particular debt of the bankrupt qualifies as alimony, maintenance or support so as to be nondis-chargeable in bankruptcy the bankruptcy court is confronted with … Affidavits and counter affidavits which were filed with the Court to supplement the record establish that Mrs.

In re Long

553 B.R. 266 · United States Bankruptcy Court, M.D. Pennsylvania · Jun 24, 2016

Concerned about the growing disparity in services being offered for the no-look fee, the Court established a fee committee to study the matter and to make recommendations. … As the R & R Agreement clearly states, “ ‘presumptive reasonable fees’ are neither minimum nor maximum fees for Chapter 13 eases.” L.B.F., 2016-2(a).

Rollert Co. v. Charter Crude Oil Co. (In Re Charter Co.)

50 B.R. 57 · United States Bankruptcy Court, W.D. Texas · Apr 16, 1985

Prior to the filing of the bankruptcy petition, CCOC as Florida corporations qualified to do business in the State of Texas engaged in the purchase of crude oil produced from certain oil wells located in the State of Texas … Additionally, Marin and its progeny allowing unconditional intervention by Creditors’ Committees under Section 1109(b) are situations clearly distinguishable from this proceeding.

In Re Sgaverdea

377 B.R. 308 · United States Bankruptcy Court, D. New Mexico · Oct 23, 2007

A briefing schedule was established on the calculation of quarterly fees. Dockets 81 and 82. … follow this broad view because it is consistent with the plain meaning of the term and with the statute’s revenue generating purpose. 11 “Disbursement” means “money paid out; expenditure;” and “payment.” 12 And, Congress clearly

In Re Orthopaedic Technology, Inc.

97 B.R. 596 · United States Bankruptcy Court, D. Colorado · Mar 1, 1989

Therefore, work to be performed does not qualify for actual services rendered. The above analysis must be applied to the request for compensation for the services performed by the Trustee as well. … The Trustee’s charge of $.50 per copy is clearly unreasonable in light of the reported fee application cases.

Farina v. Balzano (In Re Balzano)

127 B.R. 524 · United States Bankruptcy Court, E.D. New York · May 21, 1991

The phrase “while acting in a fiduciary capacity” does not qualify the categories of “embezzlement” or “larceny”. … Clearly, Defendant came into possession of the funds lawfully.

In re CPJFK, LLC

496 B.R. 290 · United States Bankruptcy Court, E.D. New York · Mar 30, 2011

He further testified that an email blast was sent to 9,004 email addresses through HBI’s database of qualified buyers. (Tr. 3/29/11 at 20.) Mr. … It is well established that a landlord may waive, or be estopped from asserting, that an unexpired lease is rejected as a matter of law.

Stanley v. Krogstad (In Re Petro-Serve Ltd.)

97 B.R. 856 · United States Bankruptcy Court, S.D. Mississippi · Mar 10, 1989

There is no evidence that establishes or tends to prove either impropriety or wrongdoing or disadvantage or prejudice to any party. In fact, the evidence establishes the opposite. The facts pass the smell test. … Akin, Gump will be relieved of its duties as soon as qualified counsel can be retained and given sufficient background information.

In re Fuel 4 Less, LLC

562 B.R. 777 · United States Bankruptcy Court, D. New Mexico · Nov 30, 2016

Because the Court finds that the language in the Agreed Order does not clearly provide for a distribution to unsecured, nonpriority creditors contrary to the distribution scheme under the Bankruptcy Code, the Court will deny … Chevron Pipeline Co., 563 F.3d 1102, 1109 (10th Cir. 2009) (“A contract qualifies as ambiguous if it lends itself to more than one reasonable interpretation because of uncertain meanings of terms, missing terms, or other

Jahn v. First Tennessee Bank of Chattanooga (In Re Burnette)

14 B.R. 795 · United States Bankruptcy Court, E.D. Tennessee · Oct 26, 1981

Present § 60a(7) clearly assumes that all filing statutes have grace periods for all required filings. … When Congress meant for state grace periods to qualify the trustee’s avoiding powers, it provided so expressly.

Wagner v. Pruett (In re Vaughan Co., Realtors)

477 B.R. 206 · United States Bankruptcy Court, D. New Mexico · Aug 2, 2012

A defrauded investor’s contractual right to the return of its principal or restitution claim could, thus, qualify as an antecedent debt under these definitional Code sections. See McKay, 84 F.3d at 1341 . … Even if the Court were to dismiss Plaintiff's constructive fraud claims based on the theory that an investor in a Ponzi scheme is always entitled to recover their initial investment, *225 such that "net losers” are immune

DeBaillon v. Wilson (In Re Jack/Wade Drilling Inc.)

213 B.R. 493 · United States Bankruptcy Court, W.D. Louisiana · Jul 15, 1997

DeBaillon (“Trustee”) is the duly appointed, qualified and acting chapter 7 trustee. Assets of the estate, consisting of drilling rigs and related equipment were sold at public auction on October 31, 1995. … The wording of the lien waiver clearly establishes that the parties executing the waiver is only releasing rights against the named party.

Lefkowitz v. Michigan Trucking, LLC (In Re Gainey Corp.)

447 B.R. 807 · United States Bankruptcy Court, W.D. Michigan · May 6, 2011

Before confirmation, a joint motion to establish a liquidation trust was filed. The establishment of a trust (the “Trust”) and the identity of the Liquidation Trustee were approved on November 25, 2009. (Case Dkt. … Two years later, in an action involving an assertion of deprivation of constitutional rights by government officials who relied on the qualified immunity privilege, the Court reiterated the new pleading standard.