Case law

Lightsway Litigation Services, LLC as Trustee of T v. Yung, III

United States Bankruptcy Court, D. Delaware · Apr 20, 2020

As an entity qualifier, it too was investigated by the DGE to see if it qualified to operate the casino’s hotel.4 Further, representatives of Columbia participated in … In this case, the Creditors’ Committee and special Committee of the Debtors are clearly predecessors in interest to the Plaintiff.

In Re Hayes

376 B.R. 55 · United States Bankruptcy Court, D. Massachusetts · Sep 26, 2007

” leads to the conclusion that deductions for secured payments are only allowed if they “will be made ‘subsequent to’ or ‘after’ the petition date, and payments for surrendered property that will never be made would not qualify … For instance, other portions of the means test, as expressed in Form 22A, clearly do not take into consideration a factually accurate picture of the debtor’s financial situation.

In Re Gamma Fishing Co., Inc.

70 B.R. 949 · United States Bankruptcy Court, S.D. California · Mar 13, 1987

This subsection clearly requires the assumption of an executory contract to be effectuated through an express order of the court. … No attempt is made by § 503(b)(1)(A) to enumerate specifically all of the necessary costs and expenses which could potentially qualify for administrative priority.

In Re Kaplan Breslaw Ash, LLC

264 B.R. 309 · United States Bankruptcy Court, S.D. New York · Jun 20, 2001

The express language of each of the two documents clearly shows that Sterling did not intend to be bound until further documents were signed and executed. … Giving a mortgage plainly qualifies as such. 68 .

In re Merkle

574 B.R. 641 · United States Bankruptcy Court, W.D. Texas · Jul 14, 2017

Paragraph 5 clearly states that the appli *651 cation of proceeds “shall not exceed or postpone the due dates of the monthly installments referred to in paragraphs 1 and 2.” … It is a well-established principal in Texas that acceleration can be abandoned by agreement or other action of the parties. Khan v. GBAK Props., Inc., 371 S.W.3d 347, 353 (Tex. App.

In Re Seaman

340 B.R. 698 · United States Bankruptcy Court, E.D. New York · Mar 30, 2006

The court found: [The debtor] does not qualify as a debtor as she has not fulfilled the budget and credit counseling requirement necessary to become a debtor and she is not, by her own admission, entitled to a waiver of such … Hammer, 194 U.S. 441, 444 , 24 S.Ct. 695 , 48 L.Ed. 1060 (1904) (“If Congress has the power to declare otherwise and wished to do so the intention would be clearly expressed, not left to be collected or inferred from disputable

In re Smith

585 B.R. 168 · United States Bankruptcy Court, W.D. Oklahoma · May 30, 2018

Ohio 2007) (emphasizing that "Congress has clearly lowered the standard for dismissal in changing the test from 'substantial abuse' to 'abuse.' "). 5 V. … Stewart also noted that, "[W]here an inability to pay exists, we believe other factors may nevertheless establish substantial abuse.

Rezin v. Barr (In Re Barr)

183 B.R. 531 · United States Bankruptcy Court, N.D. Illinois · Jun 27, 1995

However, the parties clearly agreed that both Debtors’ bankruptcy case and this Adversary would be dismissed, leaving the parties to the pending state court litigation. … Plaintiffs must establish that they qualify for Rule 60(b) relief by “clear and convincing evidence.” Lonsdorf v. Seefeldt, 47 F.3d 893, 897 (7th Cir.1995) (citation omitted); Simons, 715 F.2d at 1252 .

Morgan Olson, LLC v. Frederico (In Re Grumman Olson Indus., Inc.)

445 B.R. 243 · United States Bankruptcy Court, S.D. New York · Feb 25, 2011

Certain of these limitations on Morgan’s successor liability clearly do not apply. The Frederieos’ claims do not arise from or relate to the Lot 2 Assets. … ]o the extent the phrase ‘right to payment’ is modified in the statute, the modifying language (“whether or not such right is ... ’) reflects Congress’ broad rather than restrictive view of the class of obligations that qualify

Ferrari v. Barclays American/Business Credit, Inc. (In Re Morse Tool, Inc.)

87 B.R. 745 · United States Bankruptcy Court, D. Massachusetts · Jun 7, 1988

Pursuant to a procedure established in the order, the Creditors’ Committee timely objected to Barclays’ secured claim. … This should not be construed as a finding that the minimum charge provision would qualify as "reasonable” under § 506(b).

In re Mohsen

473 B.R. 779 · United States Bankruptcy Court, N.D. California · Jun 13, 2012

Additionally, Debtor held title to certain family assets through a revocable family trust, known as Star Trust, that Debtor established in 1982. … This amount of time is clearly excessive in relation to the task. The factual summary was repeated virtually word for word in Counsel’s supporting declaration.

In re Apfel

565 B.R. 349 · United States Bankruptcy Court, E.D. Virginia · Feb 16, 2017

The General Assembly’s choice of the phrase “even if’ in the statute clearly signals, when taken in context with the rest of the statute, examples of situations where the funds would still be considered exempt. … The wording of the statute and the well-established principle of liberal statutory construction regarding exemption statutes indicate the General Assembly did not intend for its enumerated examples to signal an exclusion

In Re Keenan

443 B.R. 169 · United States Bankruptcy Court, D. Minnesota · Jan 7, 2011

of proving that a given asset has the nature or function that would place it within a legislatively-determined class of property protected from the claims of creditors. 6 The reason goes down to the three key words that established … Examining other courts' treatment of § 522(d)(l 1)(D) and state statutes with identical or comparable language, the Ciotta court concluded that the debtor-wife was required to "clearly demonstrate that she ha[d] suffered

In Re Lephew

380 B.R. 171 · United States Bankruptcy Court, W.D. Virginia · Nov 9, 2007

Furthermore, because the only wage earner in the household has had his work hours drastically reduced, the Debtors fall even further below 150% of the poverty guidelines and, therefore, qualify for a waiver under 28 U.S.C … In the case of the Lephews, the maximum income test is clearly satisfied because their income, both at the time of their filing and even more so at the time of the hearing upon their Application, was less than 150% of the

In Re Weiser

391 B.R. 902 · United States Bankruptcy Court, S.D. Florida. · Jul 31, 2008

The lenders’ appraiser, Derby Westbrook, who is well-qualified, testified that the Village of Penland is located near a surface mining operation, where mica is mined, and that a steady hum can be heard from all locations. … Section 109(e) clearly provides that husband and wife debtors filing joint petitions are limited to $336,900 in total unsecured debt.

Palmer v. Downey (In Re Downey)

242 B.R. 5 · United States Bankruptcy Court, D. Idaho · Oct 28, 1999

The Downeys signed schedules clearly stating, in that regard, that they had no such assets. Reliance on counsel cannot overcome a patent and obvious nondisclosure. … But trustees and creditors are entitled to know what these assets are, if for no other reason than to be able to test the assertion that they are properly held and qualified, and indeed fall within Patterson or the state

Rice v. First Arkansas Valley Bank (In Re May)

310 B.R. 405 · United States Bankruptcy Court, E.D. Arkansas · May 10, 2004

Whether an individual qualifies as a bona fide purchaser is a question of fact. See Smith v. Parker, 67 Ark.App. 221, 226 , 998 S.W.2d 1, 4 (1999) (citation omitted). … Waller, 15 Ark.App. 336, 339 , 693 S.W.2d 61, 63 (1985) (“The general rule, as well as the established rule in this state, seems to be well settled that in order for one to establish by parol either a resulting or constructive

FOSTER v. IOU CENTRAL, INC.

United States Bankruptcy Court, D. Montana · May 21, 2020

The Montana Supreme Court stated: [I]t has long been the law of this state established in 1912 by the case of Winslow v. … Count IV which seeks damages for alleged usury under Montana Law, inapplicable to the Loans that IOU closed with Shoot the Moon 22 LLC [STM22] [of Washington State] and Shoot the Moon III LLC [STM3] [of Idaho] which are clearly

English v. Davis (In Re English)

59 B.R. 460 · United States Bankruptcy Court, N.D. Georgia · Apr 30, 1985

The 1978 Act, however, established a separate bankruptcy court, independent of the district court, whose jurisdiction was neither derived from the district courts nor subject to limitation or termination by the district courts … Fifth and finally, if this proceeding had qualified as a § 157(b)(1) proceeding which this court could have fully “determined”, then this court would not have hesitated to rule on the constitutionality of a § 157(a) reference

In re Johns-Manville Corp.

534 B.R. 553 · United States Bankruptcy Court, S.D. New York · Jul 27, 2015

.2002) (“An injunction required all claimants seeking compensation for existing and future asbestos health claims caused by exposure to Manville products to proceed solely against the Trust; Manville and its insurers were immunized … The Court clearly has jurisdiction to enforce the 1986 Orders, Bailey, 557 U.S. at 151 , 129 S.Ct. 2195 , and no adversary proceeding is required for the Court to do so, see Kalikow, 602 F.3d at 92 ; Ritchie Risk, 471 B.R