Case law

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.

In Re Apple Tree Partners, L.P.

131 B.R. 380 · United States Bankruptcy Court, W.D. Tennessee · Sep 17, 1991

The loans were established with draw schedules to permit property and tenant improvements. … (Id., p. 45) In establishing the capitalization rate, which is created by the market, Mr.

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 Multiut Corp.

449 B.R. 323 · United States Bankruptcy Court, N.D. Illinois · Apr 19, 2011

Moreover, the release may not provide for “blanket immunity.” Id. The immunity afforded by the release must not affect matters beyond the jurisdiction of the court or unrelated to the reorganization. Id. … Clearly, the Plan does not accurately set forth the expected minimum percentage distribution to unsecured creditors.

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

In re Carter

165 B.R. 518 · United States Bankruptcy Court, M.D. Florida · Mar 29, 1994

The association is part of the farm credit system established by the Farm Credit Act (“FCA”) 12 U.S.C. § 2001 et seq. Debtor is a dairy farmer who qualifies as a family farmer under the bankruptcy code. … The FCA established the banks and associations of the Farm Credit System and the federal agency to supervise the system. H.R.Rep.

In re Christ Hospital

502 B.R. 158 · United States Bankruptcy Court, D. New Jersey · Dec 3, 2013

(This point, without more, establishes a stronger case for "consent" by “failure to object” than much of the pro-consent precedent.) … See Sale Approval Order (¶ K), finding that the "Successful Bidder” is a § 363(m) qualified “purchaser in good faith”; ¶ L (absence of collusion; arm’s length bargaining established); and ¶ 24 (ordering § 363(m) protections

MT Technology Enterprises, LLC v. Nolte (In re Nolte)

542 B.R. 185 · United States Bankruptcy Court, E.D. Virginia · Nov 25, 2015

Id. *196 Virginia’s preclusion law clearly applies to the state Trial Court’s finding of liability on the part of Nolte. See Vuyyuru v. Jadhav, No. 3:10BCVB173, 2011 WL 1483725 at *5 (E.D.Va. … The Court, in a miscellaneous proceeding totally unrelated to Nolte’s Bankruptcy Case, denied the application of Douglass Hayden Fisher to qualify as an attorney for the United States Bankruptcy Court for the Eastern District

Tome v. Baer (In Re Tome)

113 B.R. 626 · United States Bankruptcy Court, C.D. California · Apr 13, 1990

Clearly the bankruptcy exception is the principal exception to the notice requirement of the California foreclosure statute. Absent the statutory exception, this would not occur. … It is clear that defendants cannot qualify as good faith purchasers in this case.

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).

Ballantyne Brands, LLC v. Wiesehan, Jr.

United States Bankruptcy Court, W.D. North Carolina · Oct 2, 2023

However, compensation is not immune from attack. … One data point does not establish market value.

In Re Wood

408 B.R. 841 · United States Bankruptcy Court, D. Kansas · Jul 27, 2009

Plunkett testified that in Wood’s case, a Colorado-licensed attorney handled the bankruptcy consultation to determine if Wood qualified for chapter 7. … Clearly, debt- or’s income is below the poverty line and her reported assets and expenses suggest that she may well be unable to pay the filing fee. Unfortunately, what was reported is simply false. Ms.

MBNA America Bank, N.A. v. Panem (In Re Panem)

352 B.R. 269 · United States Bankruptcy Court, D. Colorado · Sep 13, 2006

Panem’s account statement reflects that the $9,500.00 was a “DIRECT DEPOSIT BA.” 5 Evidently, all that was necessary to qualify for the loan was Mr. … This program provides representation to impecunious debtors who qualify for participation in that program. Here, this Court is advised that Ms.

eCAST Settlement Corp. v. Vaughn (In Re Vaughn)

411 B.R. 199 · United States Bankruptcy Court, M.D. Pennsylvania · Jun 8, 2007

D.N.J.2007) (Form B22C reflects a “very clearly fixed formula” established by Congress for determining a debtor’s disposable income.). 10 Cf. … Bankr.E.D.Wash.2006); In re Fuller, 346 B.R. 472 (Bankr.S.D.Ill.2006); In re Foster, 2006 WL 2621080 (Bankr.N.D.Ind.). 13 . 11 U.S.C § 707(b)(2)(B), as incorporated into § 1325(b)(3), specifically authorizes deductions that qualify

Shaw Steel, Inc. v. Morris (In Re Morris)

230 B.R. 352 · United States Bankruptcy Court, N.D. Illinois · Feb 25, 1999

The Affidavit is clearly a statement in writing and it is a statement representing the Debtor’s financial condition. The parties have no dispute regarding these two elements. … “It is well-established that writings with pertinent omissions may qualify as materially false for purposes of § 523(a)(2)(B).” Community Bank of Homewood-Flossmoor v.

Universal Casualty & Surety Co. v. Gee (In Re Gee)

53 B.R. 891 · United States Bankruptcy Court, S.D. New York · Oct 18, 1985

In 1980, the Office of Superintendent of Insurance was established and a licensing system was created. … Clearly, it had the right to contest its liquidation and Gee’s appointment, see Union Occident Insurance Co.

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

Ernesto Antonio Melendez Perez v. Margarita Diaz Rivera

United States Bankruptcy Court, D. Puerto Rico · Oct 27, 2014

P. 59(e), the movant must clearly establish a manifest error of law 10 || or present newly discovered evidence that could not have been diligently found during the case. 11 See Schwartz v. … Clearly, such a request is not for 18 the establishment or clarification of a domestic support obligation. It is a request to compel payment of the established obligation.

In Re Farah

141 B.R. 920 · United States Bankruptcy Court, W.D. Texas · Jun 19, 1992

In order to qualify as “rare and exceptional,” then, the results obtained in any given case must exceed the reasonable expectations of the parties under the Bankruptcy Code. … The debtors’ liabilities were clearly established, and counsel faced few novel issues of law in handling the case.

Ballantyne Brands, LLC v. Millard

United States Bankruptcy Court, W.D. North Carolina · Oct 2, 2023

However, compensation is not immune from attack. … One data point does not establish market value.