Case law

Stern v. American Home Mortgage Servicing, Inc. (In re Asher)

488 B.R. 58 · United States Bankruptcy Court, E.D. New York · Jan 24, 2013

Short of such patent inconsistency or absurdity, this Court is obligated to interpret “the Code clearly and predictably using well established principles of statutory construction.” RadLAX Gateway Hotel, LLC v. … Until Congress clearly disavows the courts’ known reading, Patterson v.

Weinman v. Fidelity Capital Appreciation Fund (In Re Integra Realty Resources, Inc.)

179 B.R. 264 · United States Bankruptcy Court, D. Colorado · Feb 8, 1995

The joinder of these parties is clearly impracticable. The second consideration is whether pursuant to Rule 23(a)(2) there are legal or factual questions common to the proposed class defendants. … In order to be certified, an alleged class action which meets the terms of 23(a) must also qualify under one of the subsections of 23(b). Here, the Trustee has requested certification under Rule 23(b)(1) or (c).

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.

Schwarz v. Liechti (In re Liechti)

543 B.R. 26 · United States Bankruptcy Court, D. Montana · Dec 16, 2015

For a trust relationship under § 523(a)(4) to be established, the applicable state law must clearly define fiduciary duties and identify trust property. See Runnion v. … The bankruptcy court found numerous errors and omissions in Retz’s Schedules and SOFA, which can qualify as false oaths under § 727(a)(4)(A). See In re Khalil, 379 B.R. at 172. Retz, 606 F.3d at 1196-97 .

La Familia Primary Care, P.C., a New Mexico Professional Corporation

United States Bankruptcy Court, D. New Mexico · Aug 17, 2023

If all the “ands” in § 101(27A) are construed as conjunctions, very few entities would qualify as health care businesses. … “Debtors found to be health care businesses bear the burden of establishing that the appointment of a Patient Care Ombudsman is not necessary.”

In Re Derryberry

72 B.R. 874 · United States Bankruptcy Court, N.D. Ohio · Apr 24, 1987

Additionally, although the court did not set forth DR 1-102(A)(5) as an additional ground for Derryberry’s disbarment in its March 5, 1987 order to show cause, the facts adduced at the hearing clearly establish Derryberry … As previously stated, the chapter 13 successor trustee qualified on October 16, 1986.

In Re Nelson

335 B.R. 740 · United States Bankruptcy Court, D. Kansas · Nov 4, 2005

It is well-established that a party who violates the automatic stay has an affirmative duty to remedy the violation and return the debt- or to the status quo. 37 Victor’s pleas ring hollow when the Court considers that his … With respect to the findings concerning the dissolution of the marriage, the custody and parenting of the children, and support, these matters are clearly excepted from the stay by § 362(b)(2).

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.

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.

Lewis v. Hare (In Re Richards)

275 B.R. 586 · United States Bankruptcy Court, D. Colorado · Mar 29, 2002

Subsection 541(a)(3) includes within this property “[a]ny interest in property that the trustee recovers under section ... 550 .... ” On its face, this would indicate that, if the Trustee can establish his claim to avoid … Section 541(d) qualifies the trustee’s right under § 541(a) to succeed to certain property interests possessed by the debtor at the time of the filing of his bankruptcy petition.

In Re Saint Vincents Catholic Med. Centers of Ny

429 B.R. 139 · United States Bankruptcy Court, S.D. New York · May 14, 2010

It is well established in this Circuit that even if the action is taken against a non-debtor the Court must examine the effect of the action, and if that effect “would inevitably have an adverse impact on property of the … Quincy argued that as a governmental unit, as defined in 11 U.S.C. 101(27), it is immune from the Bankruptcy removal statute 6 as well as the automatic stay.

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.

In Re Atlantic Gulf Communities Corp.

369 B.R. 156 · United States Bankruptcy Court, D. Delaware · May 22, 2007

The Trustee determined that many of them were qualified for a refund from the Escrow (totaling approximately $300,000). (Exhibits T-5 & T-6.) … Finally, the Escrow Agreement clearly contemplated that the Debtor might not construct the utilities; in fact the purpose of the Escrow Agreement was to protect the lot purchasers in that very circumstance.

Fairfield Sentry Limited ( In Liquidation) v. HSBC Private Bank (Suisse) SA

United States Bankruptcy Court, S.D. New York · Jan 4, 2024

The Foreign Sovereign Immunities Act provides that “a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in sections 1605 to 1607 of this chapter. … PIFSS is not clearly applicable to this situation, and Defendant’s proffered case law does not convince the Court otherwise.

Tri-River Chemical Co. v. TNT Farms (In Re TNT Farms)

226 B.R. 436 · United States Bankruptcy Court, D. Idaho · Oct 27, 1998

Here, from the record, it clearly appears that the seed potatoes were shipped in separate loads, which shipments occurred both before and after the bankruptcy filing. … In order to *446 qualify for such special priority, the interest must be: A perfected security interest in crops for new value given to enable the debtor to produce the crops during the production season and given not more

Kansas Bankers Surety Co. v. Eggleston (In Re Eggleston)

243 B.R. 365 · United States Bankruptcy Court, W.D. Missouri · Jan 7, 2000

In order to prevail on any of these claims, the Plaintiff must establish, by a preponderance of the evidence, all of the elements required therein. Grogan v. … Furthermore, depending on the lending standards used by the bank, it is unlikely that many of the borrowers would have qualified for such large unsecured loans. 15 .

In Re Letterese

397 B.R. 507 · United States Bankruptcy Court, S.D. Florida. · Dec 2, 2008

Section 109 of the Bankruptcy Code provides for who qualifies to be a debtor under Title 11. … A judgment which establishes monetary liability in favor of a party is noncontingent and liquidated as to the sum owed.

Stamell v. Kirkpatrick & Lockhart, LLP (In Re Stamell)

252 B.R. 8 · United States Bankruptcy Court, E.D. New York · Aug 17, 2000

He further represented that qualified colleagues, who had assisted at the First Trial, would continue to represent both Susan and Jane. Judge Korman granted Armstrong’s application, over their objections. … Yet, Stamell clearly signed his MOU which incorporated Kresch’s MOU into it.

Aiello v. Providian Financial Corp. (In Re Aiello)

231 B.R. 693 · United States Bankruptcy Court, N.D. Illinois · Mar 25, 1999

Therefore, it is clearly a core matter. … Subsections (b)(1) and (b)(2) clearly do not *717 apply to this complaint.

In Re Aerovias Nacionales De Colombia, S.A. Avianca

323 B.R. 879 · United States Bankruptcy Court, S.D. New York · May 6, 2005

See In re Okura, 249 B.R. at 603 stating, “Where the intention of the parties is clearly and unambiguously set forth, effect must be given to the intent as indicated by the language used.” … It contends that this establishes the viability of its claim.