Case law

In Re Peters

91 B.R. 401 · United States Bankruptcy Court, W.D. Texas · Sep 20, 1988

Article 1, § 8, cl. 4 of the United States Constitution requires Congress to establish uniform laws on the subject of Bankruptcy. … Departure from the law of the case established from an earlier decision such as Fernandez, requires a compelling reason.

Great Bay Power Corp. v. Town of Seabrook (In Re EUA Power Corp.)

184 B.R. 631 · United States Bankruptcy Court, D. New Hampshire · Apr 26, 1995

If Congress intended to significantly extend the bankruptcy court’s jurisdiction to include the redetermination of paid taxes by preempting the state law time limitations, as the plaintiff suggests, it would have more clearly … To understand this holding it is important to realize that the very issue presented in the case was when the 60 day time limit to request a refund began to run, because that determination established whether the debtor timely

In Re Intercat, Inc.

247 B.R. 911 · United States Bankruptcy Court, S.D. Georgia · Feb 18, 2000

What was established, however, is that (1) in April 1997 Mr. … Herman is uniquely qualified to oversee the operation of what is a complex product and distribution facility.

In re Johns-Manville Corp.

552 B.R. 221 · United States Bankruptcy Court, S.D. New York · Jun 30, 2016

In other words, the debtor’s liability is not yet established. … This definition clearly includes MFP.

East Lansing State Bank v. Red Cedar Construction Co. (In Re Red Cedar Construction Co.)

63 B.R. 228 · United States Bankruptcy Court, W.D. Michigan · Jun 6, 1986

K.M.C. does not require this re-suit, but simply provides that one relying on even a conditional loan commitment, who by objective measure otherwise qualifies for the loan, should be given a meaningful opportunity to secure … Third, by using the word “may”, SBA was clearly indicating that ELSB’s decision on deferment was purely discretionary.

In Re Exide Technologies

340 B.R. 222 · United States Bankruptcy Court, D. Delaware · Apr 3, 2006

Clearly, EnerSys exhibit 253 is admissible under Fed.R.Evid. 801(d)(2)(A), since it is being offered against Exide and is a statement made by Exide (in its representative capacity, of course). … I concluded already that Exide exhibits 155-157 qualify as business records. 33 .

Genova v. ESM Realty Trust (In Re Stoll)

330 B.R. 470 · United States Bankruptcy Court, S.D. New York · Sep 30, 2005

The movant must establish that no material issue of fact exists. Adickes v. S.H. … Clearly, the Rosencranz court considered the debtor’s interest in the trust to be at least a potential asset of the estate that had to be disclosed to creditors and determined that the interest should have been included on

In Re Hardacre

338 B.R. 718 · United States Bankruptcy Court, N.D. Texas · Mar 6, 2006

The debtor argues that by using the conjunction “and” in section 707(b)(2)(A)®, Congress clearly intended for debtors to deduct expenses under each of these clauses, even if some categories of expenses (in this case mortgage … Initially, the phrase “Notwithstanding any other provision of this clause” informs the court that the “notwithstanding” sentence qualifies or modifies the first two sentences in section 707(b) (2) (A) (ii) (I).

In Re Mid-Valley, Inc.

305 B.R. 425 · United States Bankruptcy Court, W.D. Pennsylvania · Feb 11, 2004

This is quite clearly a confirmation issue regarding application of § 524(g) and the parity of treatment provisions of the Bankruptcy Code. … The insurers’ role is to pay claims that are appropriate to be paid under the terms of their policies and to challenge those they believe are not qualified for insurance payment.

In Re Leedy Mortg. Co., Inc.

126 B.R. 907 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 29, 1991

While the winding down process did not unravel in his hands, the Trustee clearly performed no miracles, large or small, in the process. … E.g., In re Rauch, 110 B.R. 467, 477 (Bankr.E.D.Cal.1990) ($65 per hour awarded to expert, highly qualified trustee).

In Re Bicoastal Corp.

191 B.R. 238 · United States Bankruptcy Court, M.D. Florida · Dec 19, 1995

substantially over-funded, the Pension Plan suffered no losses and, therefore, is not entitled to any damages; lastly, the Debtor contends that the claim does not meet the requirements of § 503(b) of the Bankruptcy Code to qualify … It cannot be gainsaid that the Master Trust Agreement clearly charged Clear with the duty as a fiduciary duty to carry out her responsibilities prudently, and for the exclusive benefit of the Plan’s beneficiaries, and in

In Re Sellers

285 B.R. 769 · United States Bankruptcy Court, S.D. Georgia · Dec 11, 2001

BAP 1988) (noting urgency of establishing good faith when Chapter 13 super discharge is sought); see also Hardin v. … Clearly, considering Debtor’s and his wife’s income, Debtor would have been in a position to deal with the $350 medical claim.

In re Marinari

596 B.R. 809 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 15, 2019

§ 706(a) is subject to § 706(d), which only permits conversion if the debtor qualifies as a debtor under the chapter to which conversion is sought. 549 U.S. at 370 -74 , 127 S.Ct. 1105 . … That she disagreed with those cases, and with Murphy's interpretation of Marrama , 17 does not establish that she committed clear legal error in rejecting them.

In Re Green Hills Development Co., LLC

445 B.R. 647 · United States Bankruptcy Court, S.D. Mississippi · Feb 17, 2011

As to the issue of the number of creditors the Alleged Debtor has, the Alleged Debtor conceded that “Green Hills has less than twelve holders of claims that qualify under § 303(b) as petitioning creditors as of the date of … The Court finds that CULS has established that there is no dispute regarding the Alleged Debtor’s liability on CULS’s claim.

Doly v. Chang (In Re Joy Recovery Technology Corp.)

286 B.R. 54 · United States Bankruptcy Court, N.D. Illinois · Nov 20, 2002

However, that case is clearly distinguishable from the case at bar. … Notwithstanding documents of the parties, the transaction clearly fit the definition of a leveraged buyout (“LBO”).

Hatoff v. Lemons & Associates, Inc. (In Re Lemons & Associates, Inc.)

67 B.R. 198 · United States Bankruptcy Court, D. Nevada · Sep 19, 1986

As clearly demonstrated by the Wanger loan, Lemons’ overassignment practice was the result of a conscious decision to mislead investors by assigning interests that Lemons did not even own. … In order to claim the benefit of the security, a party must first establish his interest in the note itself.

In re Los Angeles Dodgers LLC.

468 B.R. 652 · United States Bankruptcy Court, D. Delaware · Dec 15, 2011

His curriculum vitae clearly establishes his expertise in the field of sports telecast rights agreements. Mr. Desser never previously represented or was employed by FOX in any capacity. Mr. … Cox, 96 Cal. 339 , 31 P. 161, 163 (1892) (an old case which is still hornbook law, holding that for time to be of the essence, it must so clearly state).

Mills v. United States (In Re Mills)

189 B.R. 707 · United States Bankruptcy Court, W.D. Tennessee · Dec 5, 1995

This same income tax return establishes that the debtor’s gross wage and salary income for 1989 was $1,586,616. Id. … This is clearly seen in the recent Tax Court analysis of Litwin: Petitioners’ reliance on Litwin v. United States, 983 F.2d 997 (10th Cir.1993), and Kelson v.

In Re SFD @ Hollywood, LLC

411 B.R. 788 · United States Bankruptcy Court, S.D. Florida. · Sep 4, 2009

Fried was never previously qualified as an expert, and while the Court allowed him to testify, his knowledge as a broker who was involved in real estate transactions of undeveloped property was insufficient to qualify him … Moreover, “[t]he greater the difficulty either of proving that loss occurred or of establishing its amount with the requisite certainty, the easier it is to show that the amount fixed is reasonable.” Id.

Tweedie v. Hermoyian (In re Hermoyian)

466 B.R. 348 · United States Bankruptcy Court, E.D. Michigan · Feb 14, 2012

However, because of health issues, the Debtor was unable to qualify for the insurance policy. In September 2008, Tweedie was in Kansas City retrieving juice equipment from one of the juice business locations. … The State Court Complaint clearly put the issue of conversion before the trier of fact in the arbitration proceeding.