Case law

United Tort v. Quorum Health Resources, LLC (In re Otero County Hospital Ass'n)

527 B.R. 719 · United States Bankruptcy Court, D. New Mexico · Mar 18, 2015

Schlicht is not a surgeon and was neither qualified nor privileged to perform surgery. … Masel's letter was privileged under the Review Organization Immunity Act, N.M.S.A. § 41-9-1 through § 41-9-7 ("ROIA”), and not discoverable. No party asked this Court to require production of Dr.

In Re Holiday Mart, Inc.

9 B.R. 99 · United States Bankruptcy Court, D. Hawaii · Feb 10, 1981

Gibraltar claims two kinds of payments qualify as advances: payments to the firm of Woo, Kessner & Duca for legal fees; and rental payments to the lessor of the Debtor’s mortgaged premises. 30. … Also, based on the evidence in the record, this Court cannot conclude that Gibraltar’s other communications to the Debtor clearly and unequivocally informed the Debtor that the Note was accelerated.

Wolinsky v. Frye

United States Bankruptcy Court, D. Vermont · Aug 31, 2020

The Debtors’ interest in the Insurance Proceeds could not have been established any later than the date the property subject to the Joint Bank Lienholders’ equitable lien, i.e., the Insurance Proceeds, was established in … (B) Limitation on Qualified Property.

Body Renew Alaska, LLC v. United States Small Business Administration

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

First, Body Renew’s actual challenge largely rests in application of the Administrative Procedures Act, 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

Bracaglia v. Manzo (In Re United Stairs Corp.)

176 B.R. 359 · United States Bankruptcy Court, D. New Jersey · Jan 11, 1995

However, at the time of the settlement, First Fidelity objected to the settlement and clearly stated its intention to continue to pursue Spiral. … A number of bankruptcy courts have established a multi-element test for determining whether substantive consolidation is appropriate.

Webster v. Barbara (In Re Otis & Edwards, P.C.)

115 B.R. 900 · United States Bankruptcy Court, E.D. Michigan · Jan 2, 1990

ownership and control to Sheldon Otis, 27 assuming that Sheldon Otis’s combined criminal defense experience and exposure to the firm’s clients and their cases during his participation in Peter Barbara’s criminal defense qualified … However, nothing establishes that Sheldon Otis negotiated the price, and nothing establishes the accuracy of the numbers to this court’s satisfaction. 87 .

Sportsman's Warehouse, Inc. v. McGllis/Eckman Investments-Billings, LLC (In Re Sportsman's Warehouse, Inc.)

457 B.R. 372 · United States Bankruptcy Court, D. Delaware · Sep 16, 2011

thus compel its lender to continue to advance funds during reorganization.” 49 “[C]ourts define the term ‘financial accommodations’ narrowly, as ‘the extension of money or credit to accommodate another.’ ” 50 A lease may qualify … The law of the case does not apply in the following three situations: (1) new evidence is available; (2) a supervening new law has been announced; or (3) the earlier decision was clearly erroneous and would create manifest

In Re Consupak, Inc.

87 B.R. 529 · United States Bankruptcy Court, N.D. Illinois · Jun 3, 1988

Edward Lim-peris was appointed Trustee and qualified by filing bond on February 8, 1979. … As earlier discussed, the existence of custom does not establish the standard of care by which trustee’s actions should be judged.

In re Soundview Elite Ltd.

594 B.R. 108 · United States Bankruptcy Court, S.D. New York · Nov 6, 2018

Thus, the undisputed facts clearly establish that the $4 million transfer brought in no consideration for Soundview, and that Fletcher's decision to execute the transaction cannot be defended on its merits. … Varga's methods are facially reasonable and, additionally, his decades of experience in the field of insolvency accounting would surely qualify him as an expert at trial. 9 See Varga Dec'l. at ¶ 3.

Roberds, Inc. v. Broyhill Furniture (In Re Roberds, Inc.)

315 B.R. 443 · United States Bankruptcy Court, S.D. Ohio · Oct 7, 2004

The court rejects the Creditor’s position that demonstrated experience and expertise in the payment and credit practices particular to the furniture industry is necessary to qualify as an expert able to provide testimony … Without exhaustively reviewing all the lower court cases discussing this issue, the court determines that very few recent lower court decisions, which are clearly not bound by a particular circuit’s ruling, have followed

In re Fox

521 B.R. 520 · United States Bankruptcy Court, D. Maryland · Nov 12, 2014

In re Mestemaker, 359 B.R. 849, 856 (Bankr.N.D.Ohio 2007) (“Congress has clearly lowered the standard for dismissal in changing the test from ‘substantial abuse’ to ‘abuse’.”). … With respect to the financial situation test, although the phrase “totality of the circumstances” is reminiscent of the Green test, the addition of the further qualifying language, “of the debtor’s financial situation” clearly

In Re Sapolin Paints, Inc.

20 B.R. 497 · United States Bankruptcy Court, E.D. New York · Jun 1, 1982

. § 365 (d) for an order to establish “a specific period of time for the debtor to assume or reject such lease.” … “THE COURT: How long would it take to ascertain whether or not they could qualify? “MR. NOLAN: Perhaps several days, your Honor. “THE COURT: As long as several days? “MR. NOLAN: Yes.

Antablian v. State Board of Equalization of California (In Re Antablian)

140 B.R. 534 · United States Bankruptcy Court, C.D. California · May 27, 1992

developed in the judicial system should be fully applicable to some administrative action, that the principle should not be applicable to other administrative action, and that much administrative action should be subject to a qualified … In this case, it could not be said that the Board was acting in its rule-making function when it rendered its tax determination on July 25, 1986; for it was clearly making a determination of specific facts affecting the rights

In re Hyatt

479 B.R. 880 · United States Bankruptcy Court, D. New Mexico · Sep 26, 2012

This is clearly not a case initiated simply to obtain an alternative forum for litigation. … Citizens Bank of Massachusetts, 549 U.S. 365 , 375 n. 11, 127 S.Ct. 1105 , 166 L.Ed.2d 956 (2007)) (“We have no occasion here to articulate with precision what conduct qualifies as 'bad faith' sufficient to permit a bankruptcy

Mirant Americas Energy Marketing, L.P. v. Kern Oil & Refining Co. (In Re Mirant Corp.)

310 B.R. 548 · United States Bankruptcy Court, N.D. Texas · May 17, 2004

In order to do so, the court must first establish the context in which the Motion and Cross MSJ are presented. A. … The Netting Agreement and, consequently, the GMSA and TA clearly fall within the terms of paragraph F.

In re Gokay

535 B.R. 758 · United States Bankruptcy Court, S.D. Ohio · Aug 14, 2015

They argue that subsection (c) of § 522 is at the heart of debtors’ fresh start and that, combined with subsection (f), Congress’ intent in providing debtors a fresh start free from judgment liens is clearly evinced. … However, later in Owen , the Supreme Court did qualify this statement — stating that the “opt-out policy” was not absolute, but rather, must be applied “with whatever other competing or *763 limiting policies” the Bankruptcy

CoreTech Industries, LLC

United States Bankruptcy Court, N.D. Texas · Dec 31, 2019

In this case, SDI qualifies as an artisan, mechanic, and a materialman. … Like Shaw, who qualified as an artisan and mechanic because it installed a piping system into the building, SDI qualifies as an artisan and mechanic not only because Mr.

In Re Mesaba Aviation, Inc.

341 B.R. 693 · United States Bankruptcy Court, D. Minnesota · May 18, 2006

That much was established by the testimony of Foley, MAIR’s President. 63 . … It also addressed the possibility of MAIR establishing a new airline-subsidiary.

In Re Family Health Services, Inc.

101 B.R. 628 · United States Bankruptcy Court, C.D. California · Jun 9, 1989

An HMO selects which health care professionals will serve its enrollees and does not assume an “insurance” risk of post-injury payment to its enrollees for any qualified service. … HMOs provide health care services, an activity which clearly affects the public interest.

Ramette v. Bame (In Re Bame)

251 B.R. 367 · United States Bankruptcy Court, D. Minnesota · Jul 27, 2000

Because there are no reported cases on this issue, I must begin with the framework established by the Supreme Court. … [Compulsion [is] clearly present, but the more difficult issues are' whether the tacit averments [made by the act of production] are both “testimonial” and “incriminating” ....