Case law

In Re Standard Insulations, Inc.

138 B.R. 947 · United States Bankruptcy Court, W.D. Missouri · Apr 13, 1992

The general rule is that an informal claim must apprise the court as to the existence, nature and amount of the claim (if ascertainable) and clearly state the creditor’s intention to hold the debtor liable. … These claims were not filed late as a result of excusable neglect and do not qualify as amendments to informal claims. Accordingly, the claims in Appendix A are disallowed.

Fairchild Aircraft Inc. v. Campbell (In Re Fairchild Aircraft Corp.)

220 B.R. 909 · United States Bankruptcy Court, W.D. Texas · May 13, 1998

For a case to be removed on federal question grounds, a right or immunity created by the Constitution or Congress must be an essential element of the plaintiffs cause. Id.; see also Gully v. First Nat. … Regardless whether the current system serves any constitutional purpose, this case clearly demonstrates that it serves no practical purpose, and may actually be a detriment to the efficient administration of bankruptcy cases

In Re Johns-Manville Corp.

36 B.R. 727 · United States Bankruptcy Court, S.D. New York · Jan 23, 1984

Clearly, none of the justifications for declaring an abuse of the jurisdiction of the bankruptcy court announced by these courts are present in the Manville case. … However, in that case, the Fifth Circuit found that not only was the debtor not insolvent, but it had paid off debts not due so as to qualify as a debtor unable to pay its current debts.

In Re Gross

121 B.R. 587 · United States Bankruptcy Court, D. South Dakota · Nov 27, 1990

A duty to investigate, on court order, clearly exists in 11 U.S.C. § 1202 (b)(2). … A conclusory accusation that a debtor acted fraudulently is insufficient to qualify as fraud being pled with particularity. DeLorean v. Cork Gully, 118 B.R. 932, 940 (E.D.Mich.1990).

Samson v. U.S. West Communications, Inc. (In Re Grigonis)

208 B.R. 950 · United States Bankruptcy Court, D. Montana · May 23, 1997

The Plaintiff was appointed to serve as the Chapter 7 Trustee on the same date and duly qualified and been serving in that capacity since the Meeting of Creditors held on December 6,1995. 3. … “The existence and force and function of established institutions of local government are always in the consciousness of lawmakers and, while their weight may vary, they may never be completely overlooked in the task of interpretation

Caruthers v. Fleet Finance, Inc. (In Re Caruthers)

87 B.R. 723 · United States Bankruptcy Court, N.D. Georgia · Jun 3, 1988

The Court thus clearly recognized the authority of the *727 bankruptcy courts to adjudicate traditional core bankruptcy matters without a jury trial. … To establish ... uniform Laws on the subject of Bankruptcies throughout the United States.” U.S. Const. Art. I, § 8, cl. 4. 3 .

Krasny v. Gi Nam (In Re Gi Yeong Nam)

245 B.R. 216 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 11, 2000

Thus, there is a causal connection between the two events, suggesting that the subsequent litigation may lack the requisite independence to qualify as a “separate proceeding.” Co mpare United States v. … Indeed when a debtor has not been granted immunity from prosecution, Code §§ 344 and 727(a)(6) allow him to invoke his fifth amendment privilege and still receive his discharge.

In Re Flamingo 55, Inc.

378 B.R. 893 · United States Bankruptcy Court, D. Nevada · Oct 17, 2007

On the other hand, Grantham and Saba clearly suffered a change in circumstances due to the foreclosure: whereas before they had land and a debt; they now have cash and no debt, much as if, they contend, they had sold the … Consequently, they cannot qualify for subrogation under Section 509.

In re: Wanda Elizabeth Pizarro Merced

United States Bankruptcy Court, D. Puerto Rico · Apr 22, 2020

The Debtor’s 11 budget clearly indicates that she does not have enough income to make all her monthly payments 12 on her loans. 13 The Debtor testified … for a home mortgage. 11 When she could not purchase a house because she did not qualify, she took out the AEELA-2 loan 12 in March 2018.

In Re Nicole Energy Services, Inc.

385 B.R. 201 · United States Bankruptcy Court, S.D. Ohio · Apr 8, 2008

Qualified Bidders would be permitted to participate at the Auction by telephone or in person; and 5. … The settlement, if approved, clearly exceeds the Committee’s stated goals for recovery. See generally Hearing Tr. II 345:14-17.

Yahalomey Paz Israel, G.P. v. Wolf (In re Wolf)

577 B.R. 327 · United States Bankruptcy Court, C.D. California · Nov 9, 2017

There were clearly diamonds not accounted for when Paz and Wolf Diamonds entered into the agreement to ■ cease their arrangement. (Exhibit 1-115.) … The phrase “while acting in a fiduciary capacity” in § 523(a)(4) does not qualify the terms “embezzlement” or “larceny.” In re Littleton, 942 F.2d 551, 555 (9th Cir. 1991). 10.

In re: Wisconsin & Milwaukee Hotel LLC

United States Bankruptcy Court, E.D. Wisconsin · May 8, 2026

Qualified Bidder Deadline. … to the respective Qualified Bidders.

In Re Ruckdaschel

364 B.R. 724 · United States Bankruptcy Court, D. Idaho · Mar 20, 2007

While failing to comply with the law’s technical letter, the Debtors were clearly in compliance with its spirit. … But even if § 109(h) does not clearly require dismissal, Debtors are given no safe haven from the UST's motion.

Herbstein v. Bruetman (In Re Bruetman)

259 B.R. 649 · United States Bankruptcy Court, N.D. Illinois · Mar 8, 2001

However, it need not be determined here that Bruetman was a fiduciary because the embezzlement element was clearly established. … In § 523(a)(4), the term “while acting in fiduciary capacity” does not qualify the words “embezzlement” or “larceny”.

Interstate Producers Livestock Ass'n v. Hammitt (In Re Hammitt)

289 B.R. 670 · United States Bankruptcy Court, C.D. Illinois · Oct 5, 2001

The objector must establish all elements by a preponderance of the evidence. In re Scott, 172 F.3d 959 , 966-67 (7th Cir.1999). … The creditors and the trustee are not required to accept a debtor’s oral recitations or recollections of his transactions; rather to qualify for a discharge in bankruptcy, a debtor is required to keep and produce written

In re International Oil Trading Co.

545 B.R. 336 · United States Bankruptcy Court, S.D. Florida. · Feb 8, 2016

In applying this standard, the petitioning creditor must establish a prima facie case that no bona fide dispute exists. … (In re DSC, LTD.), 486 F.3d 940, 944 (6th Cir.2007) (burden rests on petitioning creditors to establish they are qualified). Mr.

Brannan v. Wells Fargo Home Mortgage, Inc. (In re Brannan)

485 B.R. 443 · United States Bankruptcy Court, S.D. Alabama · Jan 8, 2013

The court concludes that, if the facts alleged by the plaintiffs are true, the plaintiffs establish fraud on the court and establish an abuse of process as well. … “[T]he class representative has common interests with unnamed class members and will vigorously prosecute the interests of the class through qualified counsel.” Birmingham Bd., 2012 WL 3849032 , at *9.

Rothman v. Beeber (In Re Beeber)

239 B.R. 13 · United States Bankruptcy Court, E.D. New York · Sep 10, 1999

Rothman is clearly a creditor with standing. Whether or not he has standing to bring an action on behalf of RBPC remains to be decided. … Kressner (In re Kressner), 155 B.R. 68, 73 (Bankr.S.D.N.Y.1993) (“it must be initially established that the debtor acted in a fiduciary capacity”); Farina v.

Calais Regional Hospital v. Carranza, in her capacity as administrator for the

United States Bankruptcy Court, D. Maine · Jan 12, 2021

The CARES Act and the circumstances surrounding its enactment were truly extraordinary, and Congress clearly communicated the need for speedy action, granting the Administrator only fifteen days to issue regulations, dispensing … FINAL CONSIDERATIONS Although the rules promulgated by executive agencies are not immune from judicial review, some amount of deference is generally warranted. But how much?

In Re Footstar, Inc.

323 B.R. 566 · United States Bankruptcy Court, S.D. New York · Feb 16, 2005

In this case it is clearly in the debtors’ interest to assume the Agreements, and Kmart does not argue to the contrary. II. … The Report clearly addressed the very amendment adopted in 1984 and just as clearly expressed that Committee’s view as to the inapplicability of Section 365(c)(1) to a debtor in possession’s assumption. Cf.