Case law

Rocin Liquidation Estate v. Alta AH & L (In Re Rocor International, Inc.)

352 B.R. 319 · United States Bankruptcy Court, W.D. Oklahoma · Sep 29, 2006

A transaction must satisfy both elements to qualify as an exception to a preferential transfer. The Tenth Circuit has held that this “defense should be narrowly construed.” M & L Bus. Mach. Co., 84 F.3d at 1339. … (In re Pearson Indus., Inc.), 142 B.R. 831, 844-45 (Bankr.C.D.Ill.1992)(testimony of defendant’s employees was “clearly that of interested parties and self-serving ....

Kilen v. United States (In Re Kilen)

129 B.R. 538 · United States Bankruptcy Court, N.D. Illinois · Jun 28, 1991

The Court noted that the modifying language in § 101(5) “reflects Congress’ broad rather than restrictive view of the class of obligations that qualify as a ‘claim’ giving rise to a ‘debt’.” Id. at 2130. … In Kilen’s case, on the other hand, all the activities that would establish liability have already occurred. 15 *550 The existence of concrete injury to Kilen is real.

In Re Blount

276 B.R. 753 · United States Bankruptcy Court, M.D. Louisiana · May 1, 2002

So, to the extent these cases have said that the type of actions for which the creditor has independent standing can qualify the creditor bringing such an action for treatment of the expenses of the action as an administrative … However, from a structural standpoint, the reasoning offered today provides a clearly visible future road.

Togut v. Deutsche Bank AG (In re Anthracite Capital, Inc.)

492 B.R. 162 · United States Bankruptcy Court, S.D. New York · May 9, 2013

As stated in Andersen Worldwide: Information most clearly due for disclosure includes any ‘document which is presented to the court to invoke its powers.’ ... … Congress used the word “or” to distinguish between trade secrets and commercial information in § 107; thus, “[c]ommer-cial information need not rise to the level of a trade secret to qualify for protection under section 107

Clark v. Clark (In re Clark)

574 B.R. 598 · United States Bankruptcy Court, S.D. West Virginia · Sep 30, 2017

An obligation qualifies as a DSO if it is (1) owed to a spouse or child of a spouse, (2) “in the nature of alimony, maintenance, or support,” (3) established by a divorce decree before a debtor spouse petitioned for relief … Jessee, 789 F.2d 1074, 1077-78 (4th Cir. 1986) (concluding that the structured drafting and labels attached to the agreement clearly demon strated parties’ intent to separate alimony from property settlement issues).

In Re Adelphia Communications Corp.

359 B.R. 65 · United States Bankruptcy Court, S.D. New York · Jan 11, 2007

He noted, in that connection: It is hard to imagine any restriction or condition upon assignment of a lease more clearly within the legislative language than a lease provision which not only directly refers to assignment … The Court rejects the notion, advanced by Martinsville that it is immune from section 365(1) analysis because its right of first refusal applies to the assets used by the cable system for the franchise, as contrasted to the

Hixson v. U.S. Deparment of Education (In Re Hixson)

450 B.R. 9 · United States Bankruptcy Court, S.D. New York · Mar 24, 2011

He must also establish that his current financial hardship is likely to be long-term.” In re Wells, 380 B.R. at 659 . … program funded in whole or in part by a governmental unit or nonprofit institution; or (ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or (B) any other educational loan that is a qualified

O'Neil v. New Eng. Rd., Inc. (In re Neri Bros. Constr. Corp.)

593 B.R. 100 · United States Bankruptcy Court, D. Connecticut · Sep 27, 2018

s use of an hourly rate derived from the Blue Book monthly rate clearly benefitted NE Road to the Debtor's detriment. … The key touchstone for the Court, as it was for the parties, will be the badges or indicia of fraud set forth in Conn.Gen.Stat. § 52-552e(b), some of which are either clearly applicable or clearly inapplicable.

In Re DeSoto

181 B.R. 704 · United States Bankruptcy Court, D. Connecticut · May 15, 1995

Second, the Court disagrees that its ruling establishes a substantial incentive to make exemption claims at “full value”. … If it did, the Trustee clearly has an interest to sell, over and above the Debtors’ exemption interest.

In Re Wood

122 B.R. 107 · United States Bankruptcy Court, D. Idaho · Dec 11, 1990

January 26, 1988, and the first plan payments were due on February 1, 1988, so the difference in time between confirmation and payment dates, and the amount of any income received, is likely inconsequential. 7 The plan establishes … Because of this state of affairs, it is also unrealistic to expect Debtors to be able to qualify for any sort of commercial operating credit.

Burtch v. Connecticut Community Bank, N.A. (In Re J. Silver Clothing, Inc.)

453 B.R. 518 · United States Bankruptcy Court, D. Delaware · Apr 29, 2011

Defendants argue that the parties’ clearly intended for the exchange to be contemporaneous and that the evidence supports a finding in Defendants’ favor. … Defendants have the burden of establishing both elements of § 547(c)(1). 11 U.S.C. § 547 (g).

In Re Smoak

461 B.R. 510 · United States Bankruptcy Court, S.D. Ohio · Sep 28, 2011

Inc., 853 F.2d 163 , 166 (3rd Cir.1988) (“From the maker’s standpoint, therefore, it becomes essential to establish that the person who demands payment of a negotiable note, or to whom payment is made, is the duly qualified … The language of the Memorandum in Support and the amortization schedule attached as Exhibit A to the motion clearly set forth that the claim would be $76,000, not as filed in the amount of $96,608.65, and amortized over a

In Re Leslie Fay Companies, Inc.

207 B.R. 764 · United States Bankruptcy Court, S.D. New York · Apr 21, 1997

Counsel for the debtors was not involved in the negotiations regarding the releases. 23 Courts have concluded that public policy favors a limited immunity in order to encourage parties to actively participate in reorganization … At his deposition in the class action, however, in response to a question about where documents might be found, he mentioned nothing about the destruction of boxes clearly marked "Do Not Destroy.”

Official Committee of Unsecured Creditors of Arcapita Bank B.S.C.(c) v. Bahrain Islamic Bank (In re Arcapita Bank B.S.C.(c))

529 B.R. 57 · United States Bankruptcy Court, S.D. New York · Apr 17, 2015

The Defendants’ instructions to Arcapita to transfer the funds to a correspondent account held by a third party are the type of “attenuated” acts that do not qualify as the basis for specific jurisdiction. … Clearly, that is not the case. Moreover, the fact that these PATRIOT Act certifications require foreign banks to designate a proxy to accept service of process by the U.S.

In Re Desilets

247 B.R. 660 · United States Bankruptcy Court, W.D. Michigan · Apr 17, 2000

In addition, many issues to be decided are clearly related to a case under title 11. For example, the suspension of Rittenhouse would affect Mr. … Moreover, the court believes that Rittenhouse, as the party seeking to retain the fee, had the burden of establishing the value of his services. Cf.

Ragupathi v. Bairrington (In Re Bairraington)

183 B.R. 754 · United States Bankruptcy Court, W.D. Texas · Jun 20, 1995

A “deceptive trade practice” or “deceptive act” can clearly be established without proof that the Defendant knew his or her representation to have been false or without proof that the representation was intentionally made … A jury having been previously demanded, all questions of fact was submitted to a jury consisting of twelve (12) qualified jurors which were duly impaneled and the case proceeded to trial.

Brunson v. Austin (In Re Austin)

271 B.R. 97 · United States Bankruptcy Court, E.D. Virginia · Jun 4, 2001

The section also establishes a debt owed to Brunson in an amount equal to 25% of any proceeds received from the Virginia Lawsuit. … Such a purpose is clearly in the nature of support and therefore the debts regarding the Credit Card Bills and Consolidation Loans are in the nature of support.

Yann Geron, Chapter 7 Tr., Direct Access Partners, LLC v. Craig (In re Direct Access Partners, LLC)

602 B.R. 495 · United States Bankruptcy Court, S.D. New York · May 30, 2019

Costich was qualified as an expert only on accounting issues and solvency calculations generally. … The Alleged "Badges of Fraud" Did Not Establish an Intent to Hinder, Delay or Defraud Creditors It is well-established that fraudulent intent may be established not only by direct proof, but also "by inference from the circumstances

Michael A Rohwedder, Jr. and Michelle L Rohwedder

United States Bankruptcy Court, S.D. Illinois · Mar 13, 2025

The debtor has the initial burden of establishing that “special circumstances” exist. … Debtors’ expenses are limited to those prescribed by Form 122C-2 unless it qualifies as a “special circumstance” expenditure.

In Re Winom Tool and Die, Inc.

173 B.R. 613 · United States Bankruptcy Court, E.D. Michigan · Nov 1, 1994

Section 348(a) can be summarized as establishing two rather simple postulates. First, conversion is an order for relief. … The trustee also invoked F.R.Bankr.P. 1019(5), which establishes certain filing requirements in cases converted to chapter 7.