Case law

Ballantyne Brands, LLC v. Wiesehan

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.

Kramer ex rel. Estate of Khan v. Mahia (In re Khan)

488 B.R. 515 · United States Bankruptcy Court, E.D. New York · Mar 11, 2013

In addition, sanctions may include “an award of the attorney’s fees and expenses ‘incurred’ by the party, so that a sanction clearly has a compensatory element as well.” Id. (quoting Hamilton v. … The inquiry is “whether a reasonable attorney ... could have concluded that facts supporting the claim might be established, not whether such facts actually had been established. ” Schlaifer Nance & Co. v.

In Re Biazo

314 B.R. 451 · United States Bankruptcy Court, D. Kansas · Jul 20, 2004

Consequently, none of them has “an allowed secured claim” that might qualify for an allowance of attorney fees and costs under § 506(b). … None of South’s clients has an allowed secured claim, as required to qualify for fees and costs under § 506(b).

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

Soriano v. Wells Fargo Bank, N.A. (In re Soriano)

587 B.R. 371 · United States Bankruptcy Court, W.D. Oklahoma · Jun 18, 2018

Whether it be a plan or an order, the same should clearly state its intended effect on a given issue. … Soriano's claims appear to be premised upon Wells Fargo's failure to adequately respond to a "Qualified Written Request".

In Re Prussia Associates

322 B.R. 572 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 5, 2005

The parties’ appraisers did not offer “expert” opinions on interest rates presently available in the market place, nor were they “qualified” by the parties for that purpose. … If the injunction against Fremont is viewed as a permanent one, it is clearly impermissible.

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.

Compton v. Walker (In Re Coral Petroleum, Inc.)

249 B.R. 721 · United States Bankruptcy Court, S.D. Texas · Jun 16, 2000

This adversary proceeding does not qualify for § 1334(c)(2) abstention because there is no proceeding that has been commenced in state court. … Thomas Lewin mentions that at one time a court of law ordered a trustee to pay damages for breach of implied contract, but this "clearly extra provincial” use of authority had long since been abandoned.

Wheatley v. Wood

United States Bankruptcy Court, W.D. Kentucky · Dec 7, 2021

Intent must be established by the lower preponderance of the evidence standard. … Clearly, the transfer was made with the intent to defraud or hinder Gerstenecker’s attempts to collect her soon to be finalized judgment.

Michael Elsworth Denton

United States Bankruptcy Court, E.D. New York · Dec 21, 2023

The four-unit apartment building is clearly a dwelling. See, e.g., N.Y. Real Prop. Acts. … If the Debtor lived in one of the apartment units in the building on the Petition Date rather than the basement, it would be well-established that the apartment could qualify as his residence.

In Re Zaporski

366 B.R. 758 · United States Bankruptcy Court, E.D. Michigan · Apr 17, 2007

Therefore, on its face, it does not establish a presumption of abuse. … Clearly, on a balance sheet basis, he is solvent.

Sac River Valley Bank v. Newcomb (In Re Newcomb)

51 B.R. 276 · United States Bankruptcy Court, W.D. Missouri · Oct 31, 1985

entitled to trial and determination in a court of general jurisdiction to be limited to trial and determination before judges who, because of legislative limitations placed upon their competence, could not be considered qualified … Since *282 these individuals were not in office on the date of enactment, section 121 may easily be viewed as an attempt by Congress to make appointments to bankruptcy judgeships — a power Congress clearly does not have under

Montalvo v. Autoridad de Acueducto y Alcantarillados (In re Montalvo)

537 B.R. 128 · United States Bankruptcy Court, D. Puerto Rico · Sep 24, 2015

amount is not moot, given that the actions PRASA took are in clear violation of the *135 stay that left Plaintiff and his family without water from August 26, 2014 to October 23, 2014; (ii) PRASA’s collection actions are clearly … Section 366(b) establishes adequate assurance of payment for post-petition services in all cases, except for chapter 11 cases.

In Re Snider Farms, Inc.

83 B.R. 977 · United States Bankruptcy Court, N.D. Indiana · Jan 5, 1988

Thus, even though the objection was untimely, the Debtor was not prejudiced as to the objection on feasibility as it was clearly prepared to submit extensive evidence on the issue. … A federal court, on its own motion, may take judicial notice of relevant qualified facts at any stage of a proceeding, even though not requested to do so. Fed.R.Evid. 201. George’s Radio and Television Company, Inc. 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.

Koken v. Reliance Group Holdings, Inc. (In Re Reliance Group Holdings, Inc.)

273 B.R. 374 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 22, 2002

from state taxation; and (iv) whether the state has immunized itself from responsibility for agency operations. … Clearly, the actions are "related to” the bankruptcy case. 31 . Not all circuits are in agreement on the boundaries of a bankruptcy court’s core jurisdiction.

Structured Asset Services, L.L.C. v. Self (In Re Self)

325 B.R. 224 · United States Bankruptcy Court, N.D. Illinois · May 23, 2005

Self was made on January 16, 2001, clearly within that time frame. See Creditor Ex. No. 4i. Accordingly, the Debtor’s answer was false. … Thus, the Creditor has established this element. Third, the Creditor must establish that the false statements and omissions were knowingly made.

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.

In re Lehman Bros. Holdings Inc.

544 B.R. 62 · United States Bankruptcy Court, S.D. New York · Dec 29, 2015

Here, by contrast, Spanish Broadcasting clearly manifested its intent to relinquish its right to consequential damages when it agreed to include language in the Credit Agreement stating that it “irrevocably and unconditionally … Trautman and Kearns as "purported” experts because neither has been qualified as an expert under the Federal Rules of Evidence. See Reply at 19; Fed.R.Evid. 702. .

In Re Farley, Inc.

237 B.R. 702 · United States Bankruptcy Court, N.D. Illinois · Jun 7, 1999

As § 4123.75 clearly stated, it only allowed recovery against an employer that failed to comply with § 4123.35. … workers’ compensation coverage for employers under the state, and granting qualifying employers the privilege of self-insurance, and auditing and monitoring self-insurers to ensure compliance.