Case law

Calvert v. Radford (In re Consolidated Meridian Funds)

487 B.R. 263 · United States Bankruptcy Court, W.D. Washington · Jan 29, 2013

Clearly, however, it does not, for the court there noted in a footnote that the case did not involve investors who received more from the debtor than the amounts they invested. … The Ninth Circuit Court of Appeals held in Slatkin that a Ponzi scheme operator’s plea agreement is admissible under Federal Rule of Evidence 807 and that a guilty plea conclusively establishes the debtor's fraudulent intent

In Re Crystal Apparel, Inc.

220 B.R. 816 · United States Bankruptcy Court, S.D. New York · Apr 16, 1998

It is well established that court approval is required for assumption. See e.g. In re Thinking Machs. … Apparently they offer this evidence to establish a course of conduct by the Debtors or to establish what the law is or to try to gain sympathy by measuring their situation against someone else's.

In Re McLaughlin

217 B.R. 772 · United States Bankruptcy Court, W.D. Texas · Jan 30, 1998

It is difficult, then, to establish conclusively the value of any notes outstanding as of the confirmation hearing. … Nonetheless, M&S is clearly worth something as a going concern. Granted, McLaughlin is under no obligation to keep M&S in operation, and if she were to shut it down its value would probably decrease by some factor.

In re Ajay Sports, Inc.

370 B.R. 703 · United States Bankruptcy Court, E.D. Michigan · Jun 12, 2007

Finally, a third basis where Michigan courts have found a cause of action for discharge is “when the reason for a discharge was the employee’s exercise of a right conferred by a well-established legislative enactment.” … Although Butterball addressed the third basis for a retaliatory discharge cause of action described by the Suchodol-ski court, the Butterball court’s analysis and holdings clearly encompassed all three exceptions.

KMK Factoring, L.L.C. v. McKnew (In Re McKnew)

270 B.R. 593 · United States Bankruptcy Court, E.D. Virginia · Nov 2, 2001

McKnew asserted that “the actual amount of the venture capital commitment was not pre-established.” Id. … Such a conversion qualifies as willful and malicious under § 523(a)(6).”); Call Fed. Credit Union v.

In Re Dow Corning Corp.

194 B.R. 147 · United States Bankruptcy Court, E.D. Michigan · Apr 2, 1996

It argued that “a denial of the Application would unjustly disadvantage the Debtors by denying it the assistance of the most uniquely qualified financial advisor, and by unduly burdening the estate ... with additional and … On the one hand, the TCC clearly does not approve of the decision to oust the attorney-members.- On the other, it argues the Court should have done it sooner.

O'Neill v. Dell (In Re O'Neill)

204 B.R. 881 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 30, 1997

It was agreed that PA. could be eliminated as a party in light of its claim of judicial immunity. See Seminole Tribe of Florida v. … The Debtor’s Schedules establish insolvency.

James Edward Parker

United States Bankruptcy Court, E.D. North Carolina · Dec 12, 2019

As mentioned above, the exemptions claimed by the debtor become established within definitive time frames. … Stat. § 1C-1604 and its requirement of continued use of the residence to qualify for the homestead exemption.

Leading Manufacturer Pte. Ltd. v. Bradlees Stores, Inc. (In Re Bradlees Stores, Inc.)

313 B.R. 565 · United States Bankruptcy Court, S.D. New York · Aug 27, 2004

The Standard of Review A bankruptcy court’s findings of fact are reviewed under a clearly erroneous standard. Key Mechanical Inc. v. BDC 56 LLC (In re BDC 56 LLC), 01 Civ. 10169, 2002 WL 449856 , at *2 (S.D.N.Y. … Bradlees argues that the Appellants have failed to meet their burden of establishing anticipatory repudiation because Appellants did not present any evidence “in the Bankruptcy Court to establish that [Bradlees’] purported

Weisberg v. Abrams (In Re Weisberg)

218 B.R. 740 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 12, 1998

The report establishes that the DuCamp family is very wealthy and owns property worth millions of dollars. … Court divorce case, it clearly was a party with an interest in the subject matter of that action.

Daniel Benyamin and Lucy Benyamin

United States Bankruptcy Court, S.D. New York · Jun 1, 2020

If Ditech serviced the Note on behalf of a party that was not entitled to enforce the Note, then that party would not qualify as a “creditor,” and Ditech would not qualify as the “creditor’s authorized agent.” Fed. … The Bankruptcy Court’s Holding that Ditech Failed to Produce Evidence Establishing That Freddie Mac Had the Right to Enforce the Note is Not Clearly Erroneous

In Re Eveleth Mines, Inc.

312 B.R. 634 · United States Bankruptcy Court, D. Minnesota · Jul 30, 2004

[i]t is well-established that courts retain jurisdiction to enforce their own orders.”). … Clearly, the Minnesota Tax Court lacks the authority to entertain and decide the issue of bankruptcy law posed here.

Casey v. Transport Life Insurance (In Re Dorsey)

162 B.R. 150 · United States Bankruptcy Court, N.D. Illinois · Dec 9, 1993

The United States Supreme Court has held that the burden of proof required for establishing an exception to discharge is a preponderance of the evidence. Grogan v. … Even though a private cause of action does not exist under this statute, it clearly prohibits misrepresentation by, among others, both brokers and agents.

Sharp Ex Rel. Commercial Financial Services, Inc. v. Chase Manhattan Bank USA, N.A. (In Re Commercial Financial Services, Inc.)

350 B.R. 520 · United States Bankruptcy Court, N.D. Oklahoma · Sep 14, 2005

However, an expert’s conclusions are not immune from scrutiny: “A court may conclude that there is simply too great an analytical gap between the data and the opinion proffered.” General Elec. Co. v. … Eggleston lacks the legal expertise to interpret contracts and therefore is not qualified to assign values to CFS’s and NGU’s contractual assets and liabilities. Motion at 14. Ms.

PG&E Corporation v. Federal Energy Regulatory Commission

United States Bankruptcy Court, N.D. California · Jun 12, 2019

They 11 ask that this adversary proceeding be dismissed. 12 To establish standing, a plaintiff must establish injury, 13 causation and redressability. … Sovereign Immunity 14 FERC contends that the United States has not waived sovereign 15 immunity so the adversary proceeding should be dismissed.

Team Systems International, LLC

United States Bankruptcy Court, D. Delaware · Jul 15, 2022

The Advisory Committee Note to the 1991 Amendment to Bankruptcy Rule 2003 makes this point very clearly. … Hopkins, 490 U.S. 228 (1989) (establishing framework for establishing liability under Title VII of the Civil Rights Act of 1964 in cases in which an illegitimate factor (such as race or sex) played some role in the employment

In Re Sudano, Inc.

391 B.R. 678 · United States Bankruptcy Court, E.D. New York · Jul 30, 2008

The Trustee embarked upon a tripartite program of i) stabilizing operations, which included addressing the neglected condition of the Properties; ii) establishing and maintaining bankruptcy compliance; and iii) establishing … Clearly the trustee is a bright intelligent lawyer who has worked in the bankruptcy Courts for many years. Clearly she knew that the longer she stays [sic] holding the properties the more fees’ [sic] she can ring up.

Richardson v. Michigan Bell Telephone Co. (In Re Lucre, Inc.)

434 B.R. 807 · United States Bankruptcy Court, W.D. Michigan · Jul 20, 2010

It said: The test for whether a claim qualifies for payment as an administrative ex *818 pense is set forth in In re Mammoth Mart, Inc., 536 F.2d 950 (1st Cir.1976). … This is how Lucre itself articulates its position: AT & T has not established and cannot establish a post-petition contract or inducement.

Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)

542 B.R. 121 · United States Bankruptcy Court, S.D. New York · Dec 7, 2015

In this case, this Court is more qualified to decide the issues of bankruptcy law, and is' equally qualified to interpret non-Illinois state law. 137 For these reasons, I determine that the Illinois insolvency statutes will … The claims based on that judgment would be satisfied subject to the terms of the rehabilitation plan and the priorities established by Virginia law.

Maxwell Macmillan Realization Liquidating Trust v. Aboff (In re Macmillan Inc.)

186 B.R. 35 · United States Bankruptcy Court, S.D. New York · Aug 9, 1995

Therefore, depending on the circumstances present in a given case, evidence may qualify as a “duplicate original” under Rule 1003, thus meeting the “original writing” rule’s requirements head on, or it may qualify as secondary … If Aboff is correct, then he would have owed certain fiduciary obligations to Macmillan, clearly distinguishing this case from Shearson on at least two grounds, first, that Aboff could not be considered a third party and,