Case law

Enron Corp. v. Arora (In Re Enron Corp.)

316 B.R. 434 · United States Bankruptcy Court, S.D. New York · Nov 1, 2004

Enron and its affiliates had two active non-qualified deferred compensation plans in effect in 2001, that is, the Enron Corp. 1994 Deferral Plan, Restated as of October 6, 2000, and the Enron Expat. … United States.”)- Although Noles as a former employee of Enron in Texas and current resident of Alabama might not have the requisite minimum contacts with New York, he did not argue that he was improperly served and he clearly

In Re Cobbins

234 B.R. 882 · United States Bankruptcy Court, S.D. Mississippi · Jun 1, 1999

FINDINGS OF FACT The facts of this case were primarily established by written stipulation of the parties entered into the record at trial. … At trial, the Court rephrased the issue as whether the Debtor may claim homestead exemption in a “home” without also being a landowner, and the parties agreed that this restatement more clearly defined the issue at hand.

In Re Dow Corning Corp.

211 B.R. 545 · United States Bankruptcy Court, E.D. Michigan · Jul 29, 1997

The lawsuits were initially brought by women alleging that silicone gel had caused them to develop an auto-immune connective tissue disease such as lupus, scleroderma or rheumatoid arthritis. … The Debtor clearly has the better of this argument. Even the expert whom the TCC called to establish its premise about ruptured and leaking implants, plastic surgeon Lawrence E.

Ricardo Castillo Molina

United States Bankruptcy Court, M.D. Florida · Feb 9, 2026

Molina, however, also argues the Creditors qualify as non-statutory insiders. … Molina fails to demonstrate by a preponderance of the evidence that he qualifies for proceeding under Subchapter V.

Harris v. Foosaner (In re Polar Chips International, Inc.)

40 B.R. 586 · United States Bankruptcy Court, S.D. Florida. · Feb 23, 1984

There was a suggestion that POLAR CHIPS' personnel used the same serial numbers over and over, when asked by investors to specify machines, but the testimony of Trustee’s witnesses in this case does not clearly reveal that … Therefore the Court concludes that FOOSANER has not established his ownership of the machines listed on Exhibit No. 32. The Trustee’s Complaint for an accounting will be granted as to these machines.

In Re Curcio

387 B.R. 278 · United States Bankruptcy Court, N.D. Florida · Apr 22, 2008

It is well established that a tax refund attributable to pre-petition income is a prepetition asset that is property of the estate. … Moreover, even if a portion of the proceeds would qualify as “income,” the Debtor could not have “received” any proceeds because she held no equitable interest in the property. The property was purchased by Ms.

South Central Enterprises, Inc. v. Farrington (In Re Progressive Farmers Ass'n)

50 B.R. 525 · United States Bankruptcy Court, W.D. Missouri · Jun 12, 1985

The burden of establishing lack of good faith is on the party against whom the power has been exercised”. Section 400.1-208, R.S.Mo.1969. … Pickering Lumber Co., 10 F.Supp. 761 (W.D.Mo.1933) the court reviewed the establishment of a wholly owned subsidiary in the context of an allegation of fraudulent transfer.

In Re Morales

387 B.R. 36 · United States Bankruptcy Court, C.D. California · May 8, 2008

definition of “retail” includes an adjustment for the age and condition of the vehicle; KBB defines “retail” as the price for a vehicle that is in “excellent condition” with the proviso that less than 5% of vehicles for sale qualify … Clearly, these two are not equivalent and ... reliance on the KBB retail value is misplaced. Id. at 797. 2.

Escalante-Sostre v. Lopez-Gutierrez

United States Bankruptcy Court, W.D. Texas · May 9, 2025

INS, 171 F.3d 994, 1005–06 (5th Cir. 1999) (concluding that a Texas deferred adjudication qualified as a “conviction” under § 1101(a)(48)(A)). 8 To receive relief via a 42B, the alien must establish that removal … Qualified privilege is a middle ground between absolute immunity and no privilege, in that it “cast[s] upon the plaintiff the burden of proving that malice prompted the act—not merely malice which arises by implication

In Re Englewood Community Hospital Corp.

117 B.R. 352 · United States Bankruptcy Court, N.D. Illinois · Jul 26, 1990

In order to qualify as “actual” and “necessary” administrative expenses, expenditures must benefit the estate as a whole rather than just the creditor claimant. … After hearing all the testimonial evidence and reviewing all of the admitted documentary exhibits, the Court is clearly convinced that Berlin was the agent for The Devon Group, not the Trustee.

Lawrence Bank v. Brent (In re Brent)

539 B.R. 788 · United States Bankruptcy Court, S.D. Ohio · Sep 30, 2015

In other words, any communication addressing the status of a single asset or liability qualifies. … The Bank did not show that it had an established transactional history with Dr.

In Re Turner

80 B.R. 618 · United States Bankruptcy Court, D. Massachusetts · Dec 9, 1987

If the petitioners were to rely, as they clearly did, primarily upon their own claims on this question, they could hardly rely on claims for bad checks. … Additional Allegations in the Petition Turner argues that certain additional allegations in the petition were intentionally false, and that as such they establish petitioners’ bad faith.

In Re Wynnefield Manor Associates, L.P.

163 B.R. 53 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 14, 1993

However, we have found that two of those objections will- clearly prevent confirmation and, therefore, we will only address those two issues. C. DISCUSSION 1. … However, the other three factors have not been established. The use to which the funds will be put, as is noted above, is not clear. Therefore, the need for the funds is equally murky and insufficiently established.

Moore v. Complete Cash Holdings, LLC (In Re Moore)

448 B.R. 93 · United States Bankruptcy Court, N.D. Georgia · Mar 31, 2011

If a court determines that the transaction does not qualify as a pawn transaction under Georgia law, the pawnshop laws do not apply. 23 A pawnbroker who relies on automatic forfeiture rights when it has none is subject to … See also In re Addon Corp., 231 B.R. 385, 389 (Bankr.N.D.Ga.1999) ("It is well established that a possessory interest may be protected by the § 362(a) automatic stay.”).

Vantage Investments, Inc. v. Loc Nguyen Corp. (In Re Vantage Investments, Inc.)

385 B.R. 670 · United States Bankruptcy Court, W.D. Missouri · Mar 14, 2008

LNC clearly cannot prevail because it has not filed a claim in this bankruptcy. … Initially, it is unclear if WWW’s proposed amendment to the proof of claim qualifies as one which should be freely permitted under the language above.

Enron Corp. v. J.P. Morgan Securities Inc.

356 B.R. 343 · United States Bankruptcy Court, S.D. New York · Dec 13, 2006

The argument regarding Enron’s reliance was never fully developed or clearly articulated in Enron’s Submissions. … So this is clearly not a case where Lehman was seeking to actively conceal identity.

In Re Haddad

246 B.R. 27 · United States Bankruptcy Court, S.D. New York · Feb 22, 2000

The Court does not have to address the issue of whether there are instances under which such support might constitute an extenuating circumstance because under the facts of this case, it clearly does not. … discovered that the accounts had not been closed, she proceeded to incur credit on those accounts again despite her agreement to the contrary. 11 With respect to other alternatives available to the Debtor, the Court has already established

Kjeldahl v. United States (In Re Kjeldahl)

52 B.R. 926 · United States Bankruptcy Court, D. Minnesota · Aug 2, 1985

The Eighth Circuit has noted that application of this section is not in harmony with long established state law mortgage foreclosure and redemption procedures. Hulm, supra, at 327. … Clearly, this is a factor the court must consider in determining reasonable equivalent value.

In Re Solomon

277 B.R. 706 · United States Bankruptcy Court, E.D. Texas · Mar 12, 2002

conduct, a debtor who files a chapter 7 should not be denied a discharge by denial of the recourse to bankruptcy without a showing that the debt is non-dischargeable under Bankruptcy Code § 523 or that the debtor would not qualify … The rationale is that § 707(a) should only apply “where the debtor’s motives are clearly inconsistent with the established purpose of the Bankruptcy Code”.

Preston J Grundmeyer and Gayle E Grundmeyer

United States Bankruptcy Court, E.D. Louisiana · Jul 24, 2019

Under that Act the debtor qualified for funds to compensate him for his pre-petition crop loss. … The defendants moved for summary judgment invoking their immunity under Louisiana statutes concerning workers’ compensation that limited employee’s recovery for certain occupational diseases.