Case law

In re Walter Energy, Inc.

542 B.R. 859 · United States Bankruptcy Court, N.D. Alabama · Dec 28, 2015

The Stalking Horse APA is subject to higher or better offers and an open auction at which other qualified bidders may seek to purchase the Alabama Coal Operations and other assets on higher or better terms. 13. … The UMWA labor issues are clearly not the only party or problems being addressed, all simultaneously. 73 61.In sum, the Objectors ignore the express language of the Final Proposal, which clearly invites further discussion

Brittany Frances Minogue

United States Bankruptcy Court, D. South Carolina · Sep 29, 2021

Here, the textual difference between conversion rights under § 706(a), which is qualified under § 706(d), and dismissal under § 1307(b), which is not qualified or limited by any other provisions of the Bankruptcy Code, … of his Chapter 13 case along with granting debtor’s motion to dismiss pursuant to § 1307(b)); In re Duran, No. 20-1045, 2021 WL 3186117 at *13 (“In the end, the debtor’s ‘right’ to dismiss under § 1307(b) does not immunize

Tronox Inc. v. Anadarko Petroleum Corp. (In re Tronox Inc.)

464 B.R. 606 · United States Bankruptcy Court, S.D. New York · Jan 20, 2012

Ana-darko claims that Tronox seeks a “windfall” of $14 billion by using excerpts from the reports of Tronox’s expert witnesses at trial (if called and qualified) to assert that Tronox’s own experts “concede” that environmental … And those claim amounts are clearly overstated.” (footnotes omitted). .

National City Bank v. Manning (In Re Manning)

280 B.R. 171 · United States Bankruptcy Court, S.D. Ohio · Mar 28, 2002

But, elsewhere in the Code, where Congress intended to define the term “cash” broadly (as including more than currency), that intention is clearly expressed. … Alone, financial inability to repay does not establish fraudulent intent.”).

In Re Crawford

232 B.R. 92 · United States Bankruptcy Court, N.D. Ohio · Apr 12, 1999

The second clause — “that is conducted in accordance with applicable nonbankruptcy law” — qualifies “foreclosure sale.” The sale must, therefore, be carried out as provided for by nonbankruptcy law. … There is one point that comes through clearly in the legislative history, and that is that Congress intended for the cut-off to be later than the foreclosure judgment standard adopted in Roach .

In re Sinischo

561 B.R. 176 · United States Bankruptcy Court, D. Colorado · Dec 8, 2016

The debts clearly are not the typical consumer-type debt that a Chapter 13 petition normally addresses. … Bad faith in filing a Chapter 13 petition qualifies as "cause” under the statute. In re Gier, 986 F.2d 1326, 1329 (10th Cir. 1993). . See Ross v. AmeriChoice F.C.U., 530 B.R. 277 (E.D.

Aero-Fastener, Inc. v. Sierracin Corp. (In Re Aero-Fastener, Inc.)

177 B.R. 120 · United States Bankruptcy Court, D. Massachusetts · Dec 30, 1994

Accordingly, Sierracin’s forbearance of going forward on its bulk attachment motion fails to qualify as contemporaneous “new value” for purposes of § 547(c)(1). … The Court finds that the exchange of goods contemplated between the parties under the Settlement Agreement was clearly supported by consideration as (1) there was clearly a bargained-for exchange between the parties, and

In Re Ross

63 B.R. 951 · United States Bankruptcy Court, S.D. New York · Aug 22, 1986

See, e.g., In re Drexler, supra, with its establishment of a final, unstayed judgment general rule. … The BAFJA amendment has not altered this established treatment of counterclaims.” 56 B.R. 969 . 10 .

Jeffrey J Prosser

United States Bankruptcy Court, D. Virgin Islands · Feb 23, 2017

The photographs admitted as Exhibits clearly establish changed conditions.” (Dkt. No. 1005 at 18 n.23; A84).15 The Bankruptcy Court did not abuse its discretion in so finding. … to qualify him as an expert under Rule 702.”

Anderson v. Chainani (In Re Kemper)

263 B.R. 773 · United States Bankruptcy Court, E.D. Texas · Jun 12, 2001

This case is based upon the construction of promissory notes which clearly qualify as negotiable instruments under § 3.104(a) of the Texas version of the Uniform Commercial Code. 4 *779 Therefore, the choice of law rules … Interest rate ceilings in excess of 10% per year are, in fact, established in Chapter 303 of the Texas Finance Code.

Joseph F Langston, Jr

United States Bankruptcy Court, N.D. Texas · Jul 21, 2023

The Debtor’s IRAs were established in a somewhat atypical structure—at least atypical from what this court has seen over the years. … The court held (and the debtor in Yerian did not contest) that such actions were clearly prohibited transactions under the Internal Revenue Code. The debtor nonetheless claimed his IRA exemption was not affected.

In Re Jeans

326 B.R. 722 · United States Bankruptcy Court, W.D. Tennessee · Jun 28, 2005

Capital One has the burden of establishing any exception upon which' it relies. 11 U.S.C. § 547 (g). … There is no dispute that the Trustee has established the remaining elements of a preferential transfer.

In Re Lamug

403 B.R. 47 · United States Bankruptcy Court, N.D. California · Feb 18, 2009

Congress means to incorporate the established meanings of these terms.” … If Congress intended for the phrase to have a meaning other than the established meaning, Congress could have defined the phrase, used a different phrase, or qualified the phrase in some way.

In Re Garrett

429 B.R. 220 · United States Bankruptcy Court, S.D. Texas · Mar 31, 2010

Clearly, the question § 522(b)(3) posits is whether, given the effect of § 522(b)(3)(A), a debtor is unable to claim any exemptions. … Under the Florida Constitution, homestead property is generally immune from judgment liens. Id. (citing Fla. Const., Art. 10, § 4(a)).

Joseph F Langston, Jr

United States Bankruptcy Court, N.D. Texas · Aug 7, 2023

The Debtor’s IRAs were established in a somewhat atypical structure—at least atypical from what this court has seen over the years. … The court held (and the debtor in Yerian did not contest) that such actions were clearly prohibited transactions under the Internal Revenue Code. The debtor nonetheless claimed his IRA exemption was not affected.

Lioce v. Heinz (In re Heinz)

501 B.R. 746 · United States Bankruptcy Court, N.D. Alabama · Nov 13, 2013

Lioce search the internet for qualified companies and contacted Signature Landscapes after reviewing their website which included the following statement: “For your protection we are licensed, bonded, and insured.” 1 The … Nevertheless, Taylor was clearly acting within the scope of his employment to contract on behalf of Signature Landscapes and with the apparent authority bestowed upon him by Heinz.

Wu v. Rhee (In re Rhee)

481 B.R. 880 · United States Bankruptcy Court, S.D. Texas · Oct 19, 2012

This was clearly not the Wus’ position. … Even if he had not, Texas law clearly imposes fiduciary duties on real estate agents and brokers. 22 Tex. Admin.

Krudy v. Simpson (In re Simpson)

474 B.R. 656 · United States Bankruptcy Court, S.D. Indiana · Jul 2, 2012

Simpson’s participation seems clearly to have been an accommodation to Simpson Farms’ voracious appetite for money. … Her pension benefits could not have serviced half the loan, and the Simpsons were clearly unaware of the specter of contribution doctrine until the Trustee filed this suit.

Hardesty v. Mortgage Electronic Registration Systems, Inc. (In re Boothe)

510 B.R. 154 · United States Bankruptcy Court, S.D. Ohio · Mar 27, 2013

Plaintiff is the duly qualified and acting case Trustee in Debtors’ bankruptcy case. … In determining a trustee’s rights under § 544(a)(3), it is well established that state law determines the extent of the trustee’s rights in the property. Simon v.

Colemichael Investments, L.L.C. v. Burke (In Re Burke)

398 B.R. 608 · United States Bankruptcy Court, N.D. Illinois · Dec 18, 2008

“In order for a previous judgment to be conclusive, it must appear clearly and certainly that the identical and precise issue was decided in the previous action. … A fiduciary relation qualifies under § 523(a)(4) only if it “imposes real duties in advance of the breach.... ” Marchiando, 13 F.3d at 1116 .