Case law

In Re Shattuc Cable Corp.

138 B.R. 557 · United States Bankruptcy Court, N.D. Illinois · Apr 16, 1992

The Debtor and the Bank, however, respond that NAP’s rights have been extinguished by operation of law since the Bank qualifies as a good faith purchaser under § 2-403 of the UCC. … Although Video King, 100 B.R. at 1016 , cites the District Court decision in Bosler Supply as authority for this “value test,” the result reached therein is clearly contrary.

Kirklin v. Sprecher

United States Bankruptcy Court, E.D. Pennsylvania · Sep 19, 2025

Kirklin’s claim only qualifies as a non-priority equitable distribution claim. … Kirklin clearly received less compensation from her employment and business in 2018 than did Debtor. That said, although Ms.

Bible v. Bible (In Re Bible)

110 B.R. 1002 · United States Bankruptcy Court, S.D. Georgia · Feb 23, 1990

“[I]mprisonment for contempt is civil where the imprisonment is ‘clearly intended to operate in a prospective manner — to coerce, rather than punish.’ ” Clamp, supra [quoting Shillitani v. … The committee reviews the applications and reports to the legislature as a whole whether in the opinion of the committee the applicants are qualified to serve as a judicial officer.

Burden v. Hummel (In Re Hummel)

23 B.R. 8 · United States Bankruptcy Court, W.D. Missouri · Jul 2, 1982

The various opinions of value, rendered by nearly all the experts qualified to render an opinion of such, have been in excess of that amount, as follows: Richard J. … In this case, the value conferred on the premises by the defendants might have easily been established in the course of the general appraisal testimony rendered in connection with the hearing on relief from the stay.

New Jersey Department of Environmental Protection v. Occidental Chemical Corp. (In re Maxus Energy Corp.)

571 B.R. 650 · United States Bankruptcy Court, D. Delaware · Aug 2, 2017

piercing ones own veil—is not explicit under Delaware .law, as “a trustee possess standing to bring—and by logical extension, settle and release—an alter ego claim on behalf of a creditor of the debtor, as long as the claim qualifies … The OCC Claims Are General; No Particularised Harm Has Been Suffered by Occidental With respect to whether the harm suffered by Occidental is general or particularized, the OCC Claims are clearly general, and, therefore,

In re Marotta

479 B.R. 681 · United States Bankruptcy Court, M.D. North Carolina · Oct 9, 2012

(“Orcutt”) advertised a “$0 Money-Down Bankruptcy” to “qualified” clients. Ex. 1. The Orcutt website, in both written statements and video ads, offered to advance the court costs related to filing for bankruptcy. … In a “pot plan,” the total amount that the debtor will pay is established at confirmation. Hr’g 3:40:10. .

In Re Office Products of America, Inc.

136 B.R. 983 · United States Bankruptcy Court, W.D. Texas · Jan 22, 1992

Rule 1.12(a) of the Texas Disciplinary Rules of Professional Conduct, for example, clearly states that a “lawyer employed or retained by an organization represents the entity.” … The case at bar, however, comes three years after the precedent established by Liberty Trust.

In Re Brandywine River Hotel, Inc.

177 B.R. 10 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 19, 1995

Wilderman, 101 Pa.Super. 168 (1931), originally cited as supportive of Suburban Federal’s position, is clearly inappo-site. … The corporate veil is pierced only when “the corporation was an artifice and a sham to execute illegitimate purposes and [an] abuse of the corporate fiction and immunity that it carries.” Wheeling-Pittsburgh v.

In Re Amtrol Holdings, Inc.

384 B.R. 686 · United States Bankruptcy Court, D. Delaware · Apr 1, 2008

(v) The design, manufacturing, fabrication, marking, maintenance, reconditioning, repairing, or testing of a package or container which is represented, marked, certified, or sold as qualified for use in the transportation … Clearly, the Confirmation Order is a final judgment, they were parties and in the Abstention Motion the Elders raise issues they could have raised as objections to the Plan.

In Re El Paso Refinery, L.P.

257 B.R. 809 · United States Bankruptcy Court, W.D. Texas · Dec 4, 2000

The retention approval was held to have clearly established the terms of employment by court order, and could not be altered ex post. Id. … The work was certainly well done — and it clearly achieved an excellent result for the estate.

King Center Corp. v. City of Middletown (In re King Center Corp.)

573 B.R. 384 · United States Bankruptcy Court, E.D. New York · Jul 7, 2017

King Center alleges that the three letters sent by Middletown “were obviously inconsistent” and that King Center’s “principal at the time, Abraham Mendlowitz .., justifiably relied on the [September 2009] letter, which clearly … , interest, claim, lien, or equity of redemption in or upon such parcel shall be barred and forever foreclosed of any such right, title, interest, claim, lien or equity of redemption, and the City or qualified purchaser may

718 Arch Street Associates, Ltd. v. Blatstein (In Re Main, Inc.)

213 B.R. 67 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 8, 1997

Miller’s testimony establishes that no siphoning of funds to Blatstein occurred. … This conduct is clearly inequitable conduct which greatly unfairly disadvantaged Main’s creditors.

Zilisch v. FedLoan Servicing

United States Bankruptcy Court, S.D. Iowa · Sep 7, 2021

The plaintiff carries the burden of establishing undue hardship, a term not defined in the bankruptcy code, by a preponderance of the evidence. Piccinino v. United States Dep’t of Educ. … The fact that Zilisch’s student loans may predominate the amount of debt being discharged should not conclusively bar her from seeking the fresh start she clearly needs, especially if she otherwise qualifies for a hardship

Flatau v. Marathon Oil Co. (In Re Craig Oil Co.)

31 B.R. 402 · United States Bankruptcy Court, M.D. Georgia · Jul 1, 1983

The position taken by Marathon is clearly inconsistent to the plain wording of section 547(c)(4). … Prior to the passage of the Bankruptcy Reform Act of 1978, Congress established a commission to study the bankruptcy laws and to recommend changes.

In re Cook Inlet Energy, LLC

577 B.R. 313 · United States Bankruptcy Court, D. Alaska · Sep 13, 2017

management; “sort of an advisor, contributing ideas and participating in discussions on a regular basis.” 32 As for Bo-ruffs second job function, facilitating growth of the business, Giesler noted that this role was never clearly … costs must be the actual and necessary costs of preserving the estate for the benefit of its creditors.” 97 Courts construe the statute narrowly so that administrative expenses of an estate are kept to a minimum. 98 To qualify

In Re Henderson

321 B.R. 550 · United States Bankruptcy Court, M.D. Florida · Jan 26, 2005

Secondly, there is no evidence to establish the ability to collect on a judgment if the Debtor prevails in this litigation. … Henderson clearly exceeds the value of the non-exempt properties the Debtor intends to retain.

In re Chamberlain

555 B.R. 14 · United States Bankruptcy Court, D. Colorado · Aug 4, 2016

Given that the Creditor clearly failed to comply with Fed.R.Civ.P. 54 and Fed. R. … The central issue was whether the attorney’s fees incurred in the divorce qualified as a DSO.

Decker v. Mitchell (In Re JTS Corp.)

305 B.R. 529 · United States Bankruptcy Court, N.D. California · Sep 30, 2003

The case law, however, does not clearly define the outer reaches of mandatory subordination. … This makes sense because a skilled attorney is substantially more qualified to recognize potential legal problems than the typical *552 client would be.

Sylvester Cannon and Adriane Cannon

United States Bankruptcy Court, N.D. Mississippi · Nov 22, 2024

The Cannons have been educators—either in administration or the classroom—over the last 20 years, but neither of them have made the necessary 120 qualifying payments while being employed in public service full time to qualify … Simply put, the Cannons have failed to establish cause exists to reconsider and reclassify the Student Loan Claims.

In Re 7677 East Berry Avenue Associates, L.P.

419 B.R. 833 · United States Bankruptcy Court, D. Colorado · Nov 19, 2009

An applicant under § 327(a) has the burden of establishing by application and accompanying affidavit that its chosen professional is qualified.” 23 Section 327 states in relevant part: (a) Except as otherwise provided in … Also instructive is the analysis of the United States District Court for the Southern District of Ohio, which stated: Congress clearly intended that prior representation could not per se sustain a claim of "appearance of