Case law

Bruce Charles Durand

United States Bankruptcy Court, W.D. Wisconsin · Mar 15, 2024

Only evidence that is “clearly inadmissible on all potential grounds” should be excluded on a motion in limine. Id. (quoting United States v. Verges, No. 1:13cr222, 2014 WL 559573, at *3 (E.D. Va. … Rule 702 provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an

In Re Casper

153 B.R. 544 · United States Bankruptcy Court, N.D. Illinois · Feb 25, 1993

The plan, however, qualifies the distribution among creditors: 100% to secured creditors outside the plan and 10% to unsecured creditors through the plan. … Requiring the Debtors to satisfy 80% of their unsecured debt by committing all of their disposable income over 60 months fails to establish how the Debtors have been harmed.

In Re Utilimax. Com, Inc.

265 B.R. 63 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 24, 2001

Both of these issues, although most clearly the former, appeared to the Court to present threshold questions the prompt disposition of which might be the most efficient and expeditious way in which to resolve the contest … Utilimax expressed doubt that such companies could qualify as the holders of claims against the Debtor.

Wiggins v. Peachtree Settlement Funding (In Re Wiggins)

273 B.R. 839 · United States Bankruptcy Court, D. Idaho · Sep 21, 2001

The answer to this question is clearly “yes.” When Defendant attempted to purchase Wiggins’ annuity payments for profit, it engaged in conduct qualifying as trade or commerce under the ICPA. … was established on behalf of Mr.

Buckland v. Household Realty Corp. (In Re Buckland)

123 B.R. 573 · United States Bankruptcy Court, S.D. Ohio · Jan 14, 1991

Although this citation may seem unnecessarily elementary, it clearly establishes that the provisions of 11 U.S.C. § 506 are applicable in chapter 7 proceedings. … He is an approved appraiser for the Montgomery County Common Pleas Probate Court and the Montgomery County Sheriff’s Office, and has previously qualified as an expert witness in the Montgomery County Common Pleas Court, the

In re: IHN Podiatry Services, PLLC

United States Bankruptcy Court, M.D. Florida · Apr 6, 2026

CMS concedes that the Treasury’s collection efforts to offset the Debtor’s tax refund do not qualify as recoupment. Doc. … Reconsideration by a qualified independent contractor. 3.

Frontier Communications Corporation

United States Bankruptcy Court, S.D. New York · Mar 27, 2024

emerged from common law principles and are well established in the law.” … a tight leash is not required to establish liability.

Alaska Urological Institute, P.C. v. U.S. Small Business Administration

United States Bankruptcy Court, D. Alaska · Jul 14, 2020

First, AUI’s actual challenge largely rests in application of the Administrative Procedures Act (APA), under well established precedent. Thus, it appears that the court is merely applying the APA to the PPP. … Riley, 170 F.3d 1250, 1257 (9th Cir. 1999)(Rheinhardt, J. dissenting)(“This court recently held that where the plaintiff alleges that the Secretary has clearly exceeded his statutory authority in the execution of his duties

In Re Johnson

300 B.R. 471 · United States Bankruptcy Court, D. Minnesota · Oct 10, 2003

The coincident meaning of statutory identifiers is enough to establish Dulas and Sunde as corollary authority for the dispute at bar. … The Eighth Circuit clearly recognized that a tortfeasor’s performance on the settlement of a personal injury claim creates an asset for the claimant that is distinct from the one identified in Subd. 22.

Wyandotte Industries v. E.Y. Neill & Co. (In Re First Hartford Corp.)

63 B.R. 479 · United States Bankruptcy Court, S.D. New York · Jul 28, 1986

Here, neither of the required showings to establish such a warranty has been made. Clearly, the sending of a sample of the wool to FHC and its acceptance by FHC is at odds with the wholly unsupported claim that E.Y. … Defendant's contention that the telexes fall within the purview of the business records exception of Fed.R.Evid. 803(6) is meritless because of defendant’s failure to prove through the testimony of a qualified witness that

Development Specialists, Inc. v. Hamilton Bank, N.A. (In Re Model Imperial, Inc.)

250 B.R. 776 · United States Bankruptcy Court, S.D. Florida. · May 16, 2000

The evidence established that Jennico was inactive prior to 1995. … The Jennico Loan was clearly structured to attempt to circumvent this responsibility to notify the Bank Group.

In re Kyle

510 B.R. 804 · United States Bankruptcy Court, S.D. Ohio · May 14, 2014

Consilio, 114 Ohio St.3d 295 , 871 N.E.2d 1167 , 1171-72 (2007) (noting that a statute must clearly proclaim its own retroactivity to overcome of the presumption of prospective application). … The bankruptcy court denied the avoidance holding that the debtor did not qualify for Florida’s homestead exemption because of the preexisting lien exception. Id. at 307, 111 S.Ct. 1833 .

James F. Humphreys & Associates, L.C. v. Horne (In re James F. Humphreys & Associates, L.C.)

558 B.R. 758 · United States Bankruptcy Court, S.D. West Virginia · Sep 26, 2016

The complaint need not “forecast evidence sufficient to prove the elements of [a] claim,” but it must “allege sufficient facts to establish those elements.” Wright v. N. … Conn. 1983), noting also that the cited decision observed under such circumstances “the automatic stay would clearly not extend to such non debt- or.”).

Official Committee of Asbestos Personal Injury v. Sealed Air Corp. (In Re W.R. Grace & Co.)

285 B.R. 148 · United States Bankruptcy Court, D. Delaware · Oct 24, 2002

Rule 17 qualifies its timeliness requirement as “reasonable.” Reasonableness does not enter into Rule 12’s requirement that affirmative defenses be raised in the responsive pleading. … At least one of the interests in the adversary proceeding, certainty and finality of the result, would clearly be served.

In Re Village at Oakwell Farms, Ltd.

428 B.R. 372 · United States Bankruptcy Court, W.D. Texas · Apr 19, 2010

The court there concluded that the lawsuit yet to be initiated under New Hampshire law fit the bill as an action to be commenced, and so qualified for the two year extension of time under section 108(a). … It is a trial de novo and the trial court "may not admit in evidence the fact of prior action by the appraisal review board ... except to the extent necessary to establish its jurisdiction.”

Davis v. Cox (In Re Cox)

274 B.R. 13 · United States Bankruptcy Court, D. Maine · Feb 22, 2002

The IRA’s Cox clearly has standing to contest disposition of the two individual retirement accounts. See, e.g., Owen v. … As shown below, the “choice” is wedded, indeed welded, to established state and federal legal principles.

In Re Piece Goods Shops Co., LP

188 B.R. 778 · United States Bankruptcy Court, M.D. North Carolina · Oct 6, 1995

Matt qualified as an expert to render opinions regarding equity values of businesses, including valuation of securities. Mr. … This clearly exceeds the liquidation value and Section 1129(a)(7) is satisfied as to Class 7A.

In Re Kuhn

322 B.R. 377 · United States Bankruptcy Court, N.D. Indiana · Mar 23, 2005

The Carlson trustee failed to establish that the medical bills in question were joint obligations of the debtor and the non-debt- or spouse. … The record in this case fails to establish “bad faith” under these criteria.

Rafool v. Evans (In re Central Illinois Energy, L.L.C.)

482 B.R. 772 · United States Bankruptcy Court, C.D. Illinois · Nov 20, 2012

OVERVIEW OF A LEGAL MALPRACTICE CLAIM In order to establish a claim for malpractice, a plaintiff must establish (1) the existence of an attorney/ client relationship; (2) a duty arising from that relationship; (3) a negligent … The doctrine of independence is designed to make the issuer’s payment obligation immune from disputes between the beneficiary and the issuer’s applicant.

In re Mohave Agrarian Grp., LLC

588 B.R. 903 · United States Bankruptcy Court, D. Nevada · May 10, 2018

While the amount incurred by Contrail might or might not pale in comparison to the legal fees incurred by the Debtor in this proceeding, 20 the record plainly establishes that this Chapter 11 proceeding essentially has involved … The Settlement Agreement was negotiated during the Trial Hiatus among sophisticated parties represented by highly qualified legal counsel.