Case law

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.

Doctors Hospital of Hyde Park, Inc. v. Desnick (In Re Doctors Hospital of Hyde Park, Inc.)

373 B.R. 53 · United States Bankruptcy Court, N.D. Illinois · Jul 25, 2007

The Daiwa Loan documents were not ambiguous; they clearly stated that MMA Funding was the borrower, not Doctors Hospital. Prior to trial in this case, the Defendant moved for summary judgment. … “Under New York law there is well-settled principal that a third party cannot enforce a contractual obligation which is not clearly intended to benefit that party.”

McHenry v. McHenry (In Re McHenry)

131 B.R. 669 · United States Bankruptcy Court, N.D. Indiana · Jun 9, 1989

it is nondischargeable under § 523(a)(5) since the state court clearly never decided that issue. … He He He He H< He The Order of July 7,1980 [of the Bankruptcy Court] was clearly incorrect in its application of an Indiana Statute.

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.

Lease-A-Fleet, Inc. v. Morse Operations, Inc. (In Re Lease-A-Fleet, Inc.)

141 B.R. 853 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 9, 1992

The payments received by Lauderhill from Lindo therefore qualify as preferential payments under § 547(b) of the Code. … Lauderhill clearly did continue to supply vehicles to the Debtor pre-petition, as well as post-petition.

Zacharakis v. Melo (In re Melo)

558 B.R. 521 · United States Bankruptcy Court, D. Massachusetts · Sep 20, 2016

Samia, his spouse, also frequently failed to answer questions directly or clearly. … with attributes giving rise to, in substance, a trust with a clearly defined trust res.

In Re Rothman

206 B.R. 99 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 10, 1997

The wife has a modest income which would clearly not be *108 sufficient to support herself, not to mention four children in addition. … The instant case is clearly atypical. The Debtor would attribute this “irregularity” to Mozino’s excessive opposition to his efforts.

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 Ocean 4660 LLC

569 B.R. 850 · United States Bankruptcy Court, S.D. Florida. · Aug 1, 2017

The district courts are clearly “courts of the United States,” and bankruptcy courts operate as units or divisions of that court. … It has come to the Court’s attention that Frank was arrested on March 10, 2017, for misrepresenting himself as qualified to practice law (§ 454.23, Fla.

Pokela v. Red Owl Stores, Inc. (In Re Dakota Country Store Foods, Inc.)

107 B.R. 977 · United States Bankruptcy Court, D. South Dakota · Dec 11, 1989

Whether the Corporation or the Directors individually established this account is a disputed issue. The bank account was established in June, 1985. … The 1985 summer store sale establishes a sequence of previous conduct which is fairly regarded as establishing a common basis of understanding between Red Owl and the Corporation.

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.

Voiland v. Gillissie (In Re Gillissie)

215 B.R. 370 · United States Bankruptcy Court, N.D. Illinois · Dec 15, 1997

Bankruptcy Rule 4003(b) establishes the time limits within which a trustee or any creditor may file objections to the list of property claimed exempt. … The other principal goal is to obtain maximum dividends for the creditors in the order of priority established by the Code. That is what the Trustee’s efforts seek.

In Re McLemore

426 B.R. 728 · United States Bankruptcy Court, S.D. Ohio · Mar 30, 2010

Short of expressly naming ATF as a Class 2 allowed secured creditor in the Plan, the court cannot envision how the Debtor could have more clearly described the treatment of ATF under his Plan. … Although in each of these cases, the court qualified its decision with additional facts (ambiguous notice in Woods and debtor's filing of the claim objection a year after the plan was confirmed in Bateman), to the extent

In Re Westerfield

403 B.R. 545 · United States Bankruptcy Court, E.D. Tennessee · Mar 13, 2009

The statutes are clearly aimed at preventing discharge of any amounts owed on a domestic support obligation. See generally 5 & 6 Keith M. Lundin, Chapter 13 Bankruptcy ¶ 440.1, ¶ 441.1 & ¶ 519.1. … A timely filed proof of claim establishes the status of the claim until a party in interest files an objection to the claim. 11 U.S.C. § 502 (a); Fed. R. Bankr.P. 3001(f). This rule applies even though Ms.

In re: Cyma Cleaning Contractors Inc.

United States Bankruptcy Court, D. Puerto Rico · Oct 27, 2023

for Sub Chapter V eligibility by and through being an affiliate of an already qualified 5 Debtors (the ‘Affiliate Exception’)” (id., p. 9). … The only authority cited by the 22 Debtor is with respect to eligibility being established as of the petition date.

EUROBANK

United States Bankruptcy Court, D. Puerto Rico · Dec 29, 2011

Defendant has not raised the issue of whether accounts receivable qualify for PMSI status. … clearly the proper payee of the contract funds, and to protect the debtor from having to pay twice

DECKERS CONSTRUCTION INC

United States Bankruptcy Court, D. Puerto Rico · Dec 29, 2011

Defendant has not raised the issue of whether accounts receivable qualify for PMSI status. … clearly the proper payee of the contract funds, and to protect the debtor from having to pay twice

Leonard v. Norman Vinitsky Residuary Trust (In Re Jolly's, Inc.)

188 B.R. 832 · United States Bankruptcy Court, D. Minnesota · Nov 9, 1995

Under this provision, the Plaintiff must establish two elements. … Given the existence of broader provisions of state statutes like Minn.Stat § 513.44, this statement should be qualified. 21 .

In Re Allegheny International, Inc.

118 B.R. 282 · United States Bankruptcy Court, W.D. Pennsylvania · Aug 2, 1990

Finally, the court considered the likelihood of success of proving thesé facts and establishing the legal issues. … Over the objection of the Equity Committee, the court qualified Martin as an expert witness. 17 .

In Re Vignola

377 B.R. 271 · United States Bankruptcy Court, N.D. California · Oct 16, 2007

Accordingly, the Court finds that Debtor herself was responsible for a significant aspect of the delay, and, therefore, Debtor has not demonstrated that she qualifies for abatement under § 19104 pursuant to the exception … The taxes at issue in Harker were clearly deficiencies, as are those at issue in this case. See Harker, 286 B.R. at 88 . 9 . Debtor's first bankruptcy case was pending from July 15, 1996 to January 7, 1999.