Case law

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.

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.

In Re Henry

457 B.R. 402 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 19, 2011

That market is clearly broader than a purely retail market.... … Runiewicz, is extremely well-qualified, having spent over 30 years buying and selling used cars in various capacities.

Lustig v. Peachtree Settlement Funding, LLC (In Re Chorney)

277 B.R. 477 · United States Bankruptcy Court, W.D. New York · May 2, 2002

unpaid Structured Settlement Payments directly to the Trustee; (3) the Settlement Agreement provided that the Structured Settlement Payments were not subject to assignment, transfer, commutation or encumbrance, and the qualified … The PPSA clearly encouraged the establishment of structured settlements, but it did not specifically prevent the recipient of a structured settlement from factoring the payments or granting a security interest in all or a

Smith v. Porter (In Re Carr & Porter, LLC)

416 B.R. 239 · United States Bankruptcy Court, E.D. Virginia · Mar 17, 2009

A trial date of November 18, 2008, was established. … Smith ("Plaintiff” or the "Trustee”) was appointed as interim trustee of the estate of the Debtor, has qualified and is the presently-serving trustee for the Debtor. 9.

First Recovery, LLC v. Sanders

United States Bankruptcy Court, E.D. North Carolina · Aug 6, 2024

Brooks therefore has established Article III standing. … Whether Brooks qualifies as a creditor on such debt, if one exists, within the meaning of the bankruptcy code, including but not limited to under 11 U.S.C.

Federal Deposit Insurance Corp. v. Lefeve (In Re Lefeve)

131 B.R. 588 · United States Bankruptcy Court, S.D. Mississippi · May 28, 1991

Finally, it is well-established that writings with per *600 tinent omissions may qualify as “materially false” for purposes of § 523(a)(2)(B). (citation omitted). … Cerar’s actions clearly contributed to the failure of the Bank, although they were not the sole cause, and they were clearly of the type which the regulation was intended to prohibit. 97 B.R. at 451, 453 .

Cage v. Smith (In re Smith)

514 B.R. 838 · United States Bankruptcy Court, S.D. Texas · Aug 4, 2014

The policy behind the 6-Month Rule is that if debtors are not going to reinvest the proceeds to purchase another homestead, then these proceeds should not be immune from creditors. … Section 41.001’s language is similar to the language of Article 2396 and clearly *844 contains the same 6-Month Rule. 4 Id.

In Re Ionosphere Clubs, Inc.

112 B.R. 78 · United States Bankruptcy Court, S.D. New York · Apr 2, 1990

The Indenture is the operative document which established a mechanism whereby Eastern has borrowed sums of money evidenced by notes (the “Notes”) through various credit and loan agreements. … by making advances or incurring an obligation gives value to enable the debtor to acquire rights in or the use of collateral if such value is in fact so used. *83 A third party that lends money to a prospective buyer may qualify

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

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.

Krisu Hospitality, LLC

United States Bankruptcy Court, N.D. Texas · Mar 29, 2021

Additionally, Krisu says that Bhakta has not established the elements for money had and received or conversion. … Texas courts have not clearly established whether restitution is absolute after reversal and remand when the merits of the case have yet to be decided. See Peticolas v.

De'Angela M. Clardy

United States Bankruptcy Court, W.D. Kentucky · Dec 1, 2022

Ky. 2012) (holding that the claimant must establish entitlement to priority by a preponderance of the evidence)). … The question then becomes which charges qualify as a tax in order to get priority treatment under the Bankruptcy Code.

Michener v. Brady (In Re Brady)

234 B.R. 652 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 14, 1999

Here, there was clearly an attorney-client relationship between the Husband and Michener. … Clearly, the protections of the Eleventh Amendment are subject to waiver. See In re Sacred Heart Hospital of Norristown, 133 F.3d 237, 242 (3d Cir.1998).

Rooz v. Kimmel (In Re Kimmel)

367 B.R. 166 · United States Bankruptcy Court, N.D. California · Apr 11, 2007

It provides the marital community, of which she is an equal member, a fresh start.[ ] Such is the clearly stated policy of Congress. ... … BAP 1989) (stating in dicta that after-acquired community property is immune from collection efforts, even if creditor’s claim is only against non-debtor spouse); In re Hull, 251 B.R. 726, 732 (9th Cir.

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.

In Re Boston Generating, LLC

440 B.R. 302 · United States Bankruptcy Court, S.D. New York · Dec 3, 2010

The Debtors extended the Bid Deadline through November 15, 2010 in order to give Matlin feedback and to permit Matlin to improve on the clearly articulated shortcomings in the Matlin proposal. Mr. … JPM’s management presentation presented to bidders clearly highlight regulatory upside, specifically stating that “[proposed modifications to Forward Capacity Market ... provide potential upside.” 21 The record at the Bid

Diamond Offshore Co. v. Bennu Oil & Gas, LLC (In re ATP Oil & Gas Corp.)

540 B.R. 294 · United States Bankruptcy Court, S.D. Texas · Oct 28, 2015

With respect to the first three elements, the ORRI holders assert that “[t]he Trustee cannot establish the foregoing elements without first establishing that [TM or Diamond’s] ORRI/NPI Interests are properly classified as … The ORRI holders have not alleged that an ORRI agreement creates a special type of trust that would make ORRI payments immune from common-law tracing principles.

Caldor Corp. v. S Plaza Associates, L.P. (In re Caldor, Inc.)

217 B.R. 116 · United States Bankruptcy Court, S.D. New York · Jan 29, 1998

Since the debtors either vacated the subject premises or used them solely to liquidate during the post-petition period, the trustee argued that G & Ws payments did not qualify as administrative expenses. Id. at 925. … Wingspread is clearly inapposite. Moreover, Caldor does not allege, yet alone demonstrate, wrongdoing on S Plaza’s part.

Meeks v. Harrah's Tunica Corp. (In Re Armstrong)

231 B.R. 723 · United States Bankruptcy Court, E.D. Arkansas · Feb 5, 1999

While this clearly militates in favor of a finding that the proof is not or cannot be met, the Court will examine the bit of proof offered. … Hotchkiss establishes the rule subsequently codified by 11 U.S.C. § 547 (c)(1). 5 Collier on Bankruptcy ¶ 547.04[l][a] (15th rev. ed.) 4 .