Case law

Alastair Beveridge of Alixpartners Servs. U.K., LLP v. Vidunas (In re O'Reilly)

598 B.R. 784 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 22, 2019

If a foreign insolvency case fails to qualify as a "foreign proceeding," no recognition is to be given. In re Betcorp Ltd. , 400 B.R. 266 , 275 (Bankr. D. Nev. 2009). … The location of the debtor's [center of main interests] is the sole criterion for qualifying as a foreign main proceeding.

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.

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

Romano v. Romano (In re Romano)

548 B.R. 39 · United States Bankruptcy Court, S.D. New York · Apr 8, 2016

In order to qualify as a domestic support obligation, all four requirements must be satisfied. … Further, Defendant’s chapter 13 plan clearly states that the ongoing maintenance payments to Plaintiff were unaffected by his plan. See Amended Chapter 13 Plan 7, In re Romano, No. 10-36381, ECF No. 10.

Augustin v. U.S. Dep't of Educ. (In re Augustin)

588 B.R. 141 · United States Bankruptcy Court, D. Maryland · Jun 6, 2018

He received forbearances on his student loans up until June 2015 when he no longer qualified. Id. at ¶ 6 . Mr. … This factor "most clearly reflects the congressional imperative that the debtor's hardship *153 must be more than the normal hardship that accompanies any bankruptcy."

In re: Venus Capital Management Company, et al.; Venus Global Macro Fund, Ltd., et al.

United States Bankruptcy Court, D. Rhode Island · Mar 2, 2026

In turn, the term “debtor” is defined, as opposed to qualified, in § 101(13) and § 1502. See id. … Farmer are qualifying “foreign representatives.” VII.

In re: Venus Capital Management Company, et al.; In re: Venus Global Macro Fund, Ltd., et al.

United States Bankruptcy Court, D. Rhode Island · Mar 2, 2026

In turn, the term “debtor” is defined, as opposed to qualified, in § 101(13) and § 1502. See id. … Farmer are qualifying “foreign representatives.” VII.

In Re Engstrom

370 B.R. 205 · United States Bankruptcy Court, D. Minnesota · Jun 20, 2007

As a result, the land occupied by the Debtors as their residence qualifies as a homestead exempt under Minn.Stat. § 510.01. *209 4. … It is the interspersion of groupings of five-acre lots established by survey but not by full-fledged plat.

Custom Distribution Services, Inc. v. City of Perth Amboy Tax Assessor (In Re Custom Distribution Services, Inc.)

216 B.R. 136 · United States Bankruptcy Court, D. New Jersey · Dec 17, 1997

Given that those tax years were never the subject of an appeal before a judicial tribunal, this court holds that they are clearly subject to review under section 505. … In this case, clearly the remediation of the environmental contamination on the property is a prerequisite for the evaluation of the land at its highest and best use. Id.

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.

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 Wilkinson

507 B.R. 742 · United States Bankruptcy Court, D. Kansas · Apr 4, 2014

Thus, the plain language of § 348(a) clearly provides that, upon conversion, “the case” includes the proceedings that occur both before and after conversion. … and predictably using well established principles of statutory construction.”

Katz v. Illinois Student Assistance Commission (In Re Katz)

318 B.R. 495 · United States Bankruptcy Court, W.D. Wisconsin · Aug 31, 2004

The Bankruptcy Court’s findings of fact are disturbed only if this Court finds that they are clearly erroneous. Id. … There were other aids such as qualifying for Badger-Care, which is a low-income health insurance program provided in the State of Wisconsin.

Beal Bank SSB v. Brown (In Re Brown)

311 B.R. 721 · United States Bankruptcy Court, W.D. Pennsylvania · Jul 12, 2004

It is not disputed that debtor qualifies as a chapter 7 debtor. This provision is singularly unhelpful in resolving the issue presently under consideration. … The basis on which Beal Bank seeks relief from the automatic stay is not clearly stated in its motion. It appears that Beal seeks relief “for cause” in accordance with § 362(d)(1).

In Re Tubular Technologies, LLC

348 B.R. 699 · United States Bankruptcy Court, D. South Carolina · Jul 18, 2006

The Court finds any constitutional challenge raised by the application of § 365(d)(4) in this case to state law landlord-tenant relations, no more compelling than the challenge, and ultimate denial, of a state’s sovereign immunity … Cole, 2006 WL 1129403 , at *1 ("[I]t is firmly established that [likelihood of success on the merits] is the sine qua non of the issuance of a stay pending relief.”). 5 .

Adelphia Communications Corp. v. Bank of America, N.A. (In Re Adelphia Communications Corp.)

330 B.R. 364 · United States Bankruptcy Court, S.D. New York · Aug 30, 2005

may be established for some entities in the Adelphia capital structure but not others. … The Defendants contend that the second prong of the Wagoner Rule — which immunizes defendants from liability for otherwise actionable wrongful conduct on “in pari delicto ” grounds, by imputation to a bankruptcy trustee or

Weisel v. Power (In re Weisel)

464 B.R. 231 · United States Bankruptcy Court, W.D. Pennsylvania · Jan 9, 2012

The assertions which Colecchia made about the existence of a fee agreement were absolute, and not accompanied by any qualifiers such as “I think” or “I believe.” … Nevertheless, in a further indication that the appeal was taken for his own self-aggrandizement rather than out of concern for the protection of his clients’ interests, he boasts of that loss as having established the “National

In Re Northwest Airlines Corp.

346 B.R. 307 · United States Bankruptcy Court, S.D. New York · Jun 29, 2006

But the Debtors’ business plan supported the increase in “ask,” and the Debtors established that their proposed wage levels were not materially lower than those of United. 28 Moreover, they also established that United’s … On the basis of the entire record, the equities clearly balance in favor of the Debtors.

In Re Phillips

206 B.R. 196 · United States Bankruptcy Court, N.D. California · Mar 17, 1997

In Daniel, the Ninth Circuit stated unequivocally that the shielding of assets is clearly not a proper retirement purpose. Daniel, 771 F.2d at 1358 . … Establishment of Trust, provides, in part, the “Sponsor shall make contributions in such manner and at such times as shall be appropriate.”

Marshall v. Marshall (In Re Marshall)

273 B.R. 822 · United States Bankruptcy Court, C.D. California · Feb 26, 2002

As in this case, the defendant in Aber-crombie argued that the defense of the appeal was postpetition conduct that qualified the debt as a postpetition debt. … In enumerating these factors, we do not establish inflexible prerequisites or an exhaustive formula for determining the applicability of judicial estoppel.