Case law

Custom Heating & Air, Inc. v. Andress (In Re Andress)

345 B.R. 358 · United States Bankruptcy Court, N.D. Oklahoma · Jun 28, 2006

And that use of a state court judgment falls clearly within the ambit of the collateral estoppel doctrine. 21 The matter was remanded to the bankruptcy court for a determination of whether collateral estoppel applied to the … The Court concludes that An-dress violated his covenant not to compete, and that such a violation qualifies as “willful and malicious” conduct under § 523(a)(6). 36 However, willful and malicious conduct, without more, does

C2R Global Manufacturing, Inc.

United States Bankruptcy Court, E.D. Wisconsin · Mar 30, 2021

Supp. 3d 612, 639 (S.D.N.Y. 2016), (witness who qualified as an expert in certain areas of fashion history and intellectual property law was not qualified to opine on whether consumers attributed secondary meaning to trademark … Rule 701 allows a lay witness to offer opinion testimony, provided that the opinion is “(a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to determining

In re Laporta

578 B.R. 792 · United States Bankruptcy Court, N.D. Illinois · Dec 5, 2017

By its own terms the section only qualifies the right to cure provided by Sections 1322(b)(3) and (5), placing temporal limits on when such powers can be exercised. … Although Chapter 13 more clearly provides for cure over time in Section 1322(b)(5), the absence of a similar provision in Chapter 11 is not an indication that cure in installments is not permitted.

In Re Anderson

88 B.R. 877 · United States Bankruptcy Court, N.D. Indiana · Apr 15, 1988

The Debtor next called and qualified as an expert witness in farm land appraisals one Charles Dillon, who stated he had physically inspected the land, checked the Debt- *880 or’s title, reviewed local ASCS records relating … It has not yet been established as to what extent they are secured. However, to justify adequate protection payments under Section 1205, the creditor must show that the value of the property is suffering.

In Re Gene

207 B.R. 861 · United States Bankruptcy Court, W.D. Michigan · Apr 17, 1997

Once rebutted, the claimant has the burden of establishing the validity of its claim by a preponderance of the evidence. Id. … The Debtor thus qualifies as a surety. A further distinction must be noted: paid sureties operate under rules separate from those governing gratuitous sureties.

Patek v. Alfaro (In re Primera Energy, LLC)

560 B.R. 448 · United States Bankruptcy Court, W.D. Texas · Sep 29, 2016

First, Defendants argue that Plaintiffs cannot establish their claim for fraud and therefore, do not qualify as tort claimants under TUFTA. … In Formosa, the Texas Supreme Court stated that it “is already well established that the legal duty not to fraudulently procure a contract is separate and independent from the duties established by the contract itself.”

Burtch v. Masiz (In re Vaso Active Pharmaceuticals, Inc.)

514 B.R. 416 · United States Bankruptcy Court, D. Delaware · Aug 11, 2014

Frattaroli’s Conduct In this present case, Frattaroli’s conduct is clearly contemptuous. First, the fact that a valid order of the Court existed is reflected in the July 16 Order granting the Jeoffrey L. … While McCarter may have responded to the discovery requests, the interrogatory was directed to Frattaroli only. 53 Additionally, McCarter’s responses were qualified as responses only based on information and documents in

Noland v. Wells Fargo Bank N.A. (In Re Williams)

395 B.R. 33 · United States Bankruptcy Court, S.D. Ohio · Sep 29, 2008

A careful review and analysis of Ohio law establish the contrary. … While it is well established that actual knowledge is irrelevant to a trustee’s status as a bona fide purchaser, the Bankruptcy Code strong arm clause does not immunize a trustee who has constructive knowledge of a prior

Marcotte v. Brazos Higher Education Service Corp. (In Re Marcotte)

455 B.R. 460 · United States Bankruptcy Court, D. South Carolina · Apr 20, 2011

After the period of temporary benefits but prior to trial of this matter, Marcotte qualified for Social Security Disability Income (“SSDI”). … (In re Peña), 155 F.3d 1108, 1113 (9th Cir.1998) (stating that debtors’ monthly deficit of $41.00, not including student loan payments, clearly established that they could not maintain a minimal standard of living and pay

Kilborn v. Haun (In Re Haun)

396 B.R. 522 · United States Bankruptcy Court, D. Idaho · Sep 25, 2008

In bankruptcy practice, a "lodestar” fee is established by multiplying time that is actually, necessarily and reasonably expended on legal services by an appropriate hourly rate for an attorney qualified to perform such services … (noting that lumping or block billing is a “universally discouraged” practice that justifies a court’s reduction or elimination of compensation, and reversing bankruptcy court for having “clearly erred” in finding the lumping

In Re Valley Media, Inc.

279 B.R. 105 · United States Bankruptcy Court, D. Delaware · Apr 25, 2002

The number of employees, printers, or marketing creditors was not established. … This is clearly not the case. The authorization to sell was limited to the duration of the Distribution Agreements.

Public Service Co. of New Hampshire v. Richards (In Re Public Service Co. of New Hampshire)

148 B.R. 702 · United States Bankruptcy Court, D. New Hampshire · Oct 19, 1992

In this context it is my judgment that this adversary proceeding clearly arises under Title 11 and arises in a case under Title 11, United States Code, and therefore comes within the subject matter jurisdiction provided under … 609, 619 [ 102 L.Ed.2d 646 ] (1989) (“The risks a utility faces are in large part defined by the rate methodology because utilities are virtually always public monopolies dealing in an essential service, and so relatively immune

Gregory Jon Piskiel

United States Bankruptcy Court, D. New Mexico · Feb 10, 2023

NYCERS was established by an act of the New York State Legislature in 1920. … See, e.g., In re Harline, 950 F.2d 669, 670 (10th Cir. 1991) (“a beneficial interest in an ordinary spendthrift trust would clearly qualify for the exemption if the state court would hold that creditors could not reach

In Re Family Health Services, Inc.

101 B.R. 618 · United States Bankruptcy Court, C.D. California · Jun 9, 1989

An HMO selects which health care professionals will serve its en-rollees and does not assume an “insurance” risk of post-injury payment to its enrollees for any qualified service. … HMOs provide health care services, an activity which clearly affects the public interest.

In Re Pilgrim's Pride Corp.

403 B.R. 413 · United States Bankruptcy Court, N.D. Texas · Apr 22, 2009

Id 23 While Bildisco and Mirant clearly establish that, in some exceptional cases, a court considering a motion to reject should apply a standard more rigorous than the ordinary business judgment rule, the two opinions offer … In any event the statements clearly qualify as "stray remarks.” Such stray remarks would not support a finding of discrimination in a civil rights action. See Krystek v. University of S.

Dickenson v. Penland (In Re Penland)

34 B.R. 536 · United States Bankruptcy Court, E.D. Tennessee · Nov 7, 1983

On appeal the debtors argued that the bankruptcy court erred in permitting Gen-esco to object to their exemption schedule beyond the 15 day period established under both the local rule and the court’s order for meeting of … Penland is clearly not entitled to the exemption under Tenn. Code Ann. § 26-2-301 (1980).

Official Committee of Unsecured Creditors v. Catholic Diocese of Wilmington, Inc. (In Re Catholic Diocese of Wilmington, Inc.)

432 B.R. 135 · United States Bankruptcy Court, D. Delaware · Jun 28, 2010

Foundation receives applications and provides grants for various, qualifying organizations and activities. … The answer is clearly yes — both in the Debtor’s operating account and the PIA.

United Transportation Union v. Michigan Interstate Railway Co. (In Re Michigan Interstate Railway Co.)

34 B.R. 220 · United States Bankruptcy Court, E.D. Michigan · Oct 17, 1983

In light of the history of the overall matter, which includes your unilateral withdraw from a collective bargaining agreement entered into between the parties resolving such matters, and your letter of September 21, 1982 clearly … C) Variable Earnings Program l)(i) All employees of Michigan Interstate Railway Company both agreement and non-agreement personnel, subject to the provisions of Section B), The Wage Deferral Program, shall automatically qualify

Lewis v. Long (In re Long)

504 B.R. 424 · United States Bankruptcy Court, W.D. Virginia · Jan 29, 2014

Furthermore, to assume, impute, and infer facts, without evidence of such on the record, would be a clearly erroneous exercise. Therefore, Ms. Lewis’s evidence is not sufficient to carry her burden of proof. … A "knowing breach of contract” could also qualify. A construction so broad would be incompatible with the "well-known” guide that exceptions to discharge “should be confined to those plainly expressed.”

Wildearth Guardians v. Jewel

134 F. Supp. 3d 1182 · United States Bankruptcy Court, D. Arizona · Sep 8, 2015

Therefore, the Service clearly considered historical losses even though it could not identify portions of lost range. … State Bar of Cal, 511 F.3d 933 , 937 n. 2 (9th Cir.2007) ("It is well established that issues cannot be raised for the first time in a reply brief).