Case law

In Re Bidermann Industries U.S.A., Inc.

241 B.R. 76 · United States Bankruptcy Court, S.D. New York · Nov 2, 1999

In a July 10, 1995 memorandum (the “July 10th Memorandum”) distributed to its employees, Bidermann explained that: [t]o qualify for this special benefit, you must have worked at least 1000 consecutive hours as of July 1, … To establish a claim for equitable estoppel under ERISA, a plaintiff must establish “(1) a material misrepresentation, (2) reasonable and detrimental reliance upon the representation, and (3) extraordinary circumstances.”

In Re Barney's, Inc.

197 B.R. 431 · United States Bankruptcy Court, S.D. New York · Aug 5, 1996

For the reasons stated herein, the motion is denied. 1 Facts The facts as established during the eviden-tiary hearing on this motion are as follows. … The Union employees of Barneys Inc. clearly have an interest in all actions and determinations that have or will be made by the Committee and seek to have a voice.

Mata v. National Collegiate Student Loan Trust 2006-1 et a

United States Bankruptcy Court, C.D. California · Jul 31, 2020

“Educational loans” do not 11 need to meet the higher standard for “qualified educational loans.” … TERI was clearly devoting some of its financial resources to supporting the program. See Klein, NO. 92-B-44249, slip. op. at 12 (S.D.N.Y.

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.

In re Brown

521 B.R. 205 · United States Bankruptcy Court, S.D. Texas · Oct 17, 2014

Our precedents clearly establish that only controversies in the former category may be removed from Art. Ill courts and delegated to legislative courts or administrative agencies for their determination. … (c) All qualified tuition programs authorized by s. 529 of the Internal Revenue Code of 1986 ... (d)All benefits paid pursuant to s. 112.1915 [death benefits for teachers and school administrators]. Fla. Stat.

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).

Burger v. Level End Dairy Investors (In Re Burger)

125 B.R. 894 · United States Bankruptcy Court, D. Delaware · Apr 3, 1991

It is important to note first that the Services Agreement clearly puts “insemination” within the domain of management decisions under Burger’s control. … Burger clearly had an attorney-client relationship with Biondi for roughly two years prior to his entering into the Services Agreement.

EPLG I, LLC Ex Rel. QR Liquidating Trust v. Citibank, National Ass'n (In Re Qimonda Richmond, LLC)

467 B.R. 318 · United States Bankruptcy Court, D. Delaware · Mar 26, 2012

The Court agrees that Citibank has failed to establish that the Deposit and Debit are settlement payments protected by section 546(e). … “QR” was clearly identified by the Complaint as Qimonda Richmond, LLC. The Complaint plainly alleges that QR directed the Deposits be made.

Hessen v. Beagan (In Re Teltronics Services, Inc.)

39 B.R. 446 · United States Bankruptcy Court, E.D. New York · Apr 23, 1984

Does this mean that the judge is no longer qualified, that the insights gained during the course of a proceeding unfit the judge for further services therein? … We conclude that under section 455(a) the bias to be established must be extrajudicial and not based upon in-court rulings.”

8400 N.W. Expressway, LLC v. Morgan (In re Morgan)

360 B.R. 507 · United States Bankruptcy Court, N.D. Texas · Feb 22, 2007

Clearly, the record reflects that this was the path Tac-Co was taking. … The Debtor and Maria Morgan established the Family Trust on December 22, 2003.

In Re Brokers, Inc.

407 B.R. 693 · United States Bankruptcy Court, M.D. North Carolina · Jun 17, 2009

The Court notes that HB Auto has clearly established forklift damage on this vehicle. … It has been clearly established that a vehicle that sits for an extreme amount of time will deteriorate.

Brandt v. Hicks, Muse & Co. (In Re Healthco International, Inc.)

208 B.R. 288 · United States Bankruptcy Court, D. Massachusetts · Apr 9, 1997

Obviously, Kempner and Mai fail to qualify as disinterested if they are found to have had a material financial interest in the transaction. … But the director must establish the fairness of the transaction in all instances.

Love v. Love (In Re Love)

182 B.R. 161 · United States Bankruptcy Court, W.D. Kentucky · May 5, 1995

Clearly, this type of behavior was designed to wear down Plaintiffs self-confidence and to make her feel inferior. Testimony at trial established that Plaintiff was deprived of any privacy from Defendant. … Clearly, Defendant engaged in an almost daily campaign to obtain Plaintiffs money and material possessions.

In Re Milazzo

450 B.R. 363 · United States Bankruptcy Court, D. Connecticut · Mar 31, 2011

Under Established Case Law in the Second Circuit the Trustee Cannot be Compelled to Sell the Avoidance Action to a Creditor or Conduct an Auction. … Greenberg is clearly distinguishable from the present proceeding in that the Chapter 7 trustee of the Greenberg estate, unlike the Trustee herein, favored the creditor’s proposal.

Dunlap v. Friedman's, Inc. (In Re Friedman's, Inc.)

363 B.R. 629 · United States Bankruptcy Court, S.D. Georgia · Mar 16, 2007

Finally, after determining that Dunlap had retained qualified and experienced counsel and that his interests did not conflict with those of the class, she concluded that Dunlap would fairly and adequately represent the interests … In a letter to Ida Campbell, Friedman’s clearly referenced this 85% quota. See Dckt. No. 51, Ex. D, Attch. F (November 9, 2006). 12 .

In re Northern New England Telephone Operations LLC

504 B.R. 372 · United States Bankruptcy Court, S.D. New York · Feb 11, 2014

See Order Establishing Deadline, (No. 09-16335), ECF No. 568. … Here, the City clearly participated in the reorganization proceeding.

In Re Trevarrow Lanes, Inc.

183 B.R. 475 · United States Bankruptcy Court, E.D. Michigan · May 5, 1995

That argument is overruled because the State failed to establish that its claim is entitled to administrative status. … The basis for the former assertion is the IRS’ contention that its claim against Trevarrow for a penalty and interest thereon, amounting to $35,318.33, qualifies as a priority claim under [former] § 507(a)(7).

Gugino v. Clark's Crystal Springs Ranch, LLC (In re Clark)

525 B.R. 107 · United States Bankruptcy Court, D. Idaho · Dec 30, 2014

Further, Debtor’s credibility was not enhanced by his evasive and qualified responses to questioning. … Thus, the bankruptcy court “did not clearly err in determining that the exercise of disentangling the affairs ... would be needlessly expensive and possibly futile.” Id. at 767.

In re: John Miller, Jr., Julie Miller v. John Miller, Jr., Haley Miller, and The Lane Law Firm

United States Bankruptcy Court, W.D. Texas · Apr 16, 2026

In Texas, the attorney immunity doctrine is a “comprehensive affirmative defense protecting attorneys from liability to non-clients.”68 Generally, under Texas law, “attorneys are immune from civil liability to non-clients … As established above, the Court has no jurisdiction over Haley Miller.

Segell v. Letlow (In Re Letlow)

385 B.R. 782 · United States Bankruptcy Court, N.D. Georgia · Aug 9, 2007

There is no evidence that the Letlows intended to establish this account as a joint account but mistakenly opened it in Mr. Letlow’s name. … “Fraudulent intent ... may be established by circumstantial evidence, or by inferences drawn from a course of conduct.” Playnation Play Sys. v.