Case 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,

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 Royce Homes, LP

449 B.R. 709 · United States Bankruptcy Court, S.D. Texas · Mar 11, 2011

date, the author, and all recipients of each document listed therein, but should also describe the document’s subject matter, the purpose of its production, and a specific explanation of why the document is privileged or immune … Speer’s intent that Boothe have unqualified access to his e-mails was clearly established through Boothe’s testimony.

Fairfield Sentry Ltd. v. Theodoor GGC Amsterdam (In re Fairfield Sentry Ltd.)

596 B.R. 275 · United States Bankruptcy Court, S.D. New York · Dec 6, 2018

Clearly, the contract to redeem under the Articles was not illegal. … The Defendants maintain that the Liquidators' pleadings establish this defense.

Foster v. Homeward Residential Inc. ex rel. U.S. Bank National Ass'n (In re Foster)

500 B.R. 197 · United States Bankruptcy Court, N.D. Georgia · Jun 24, 2013

Qualified Written Request, via first class and certified mail. (Docket No. 12). … Additionally, it is recognized that “[a] servicer of a mortgage is clearly a creditor and has standing to file a proof of claim against a debtor pursuant to its duties as a servicer.”

In re: KR, a minor Watts

United States Bankruptcy Court, D. South Carolina · Mar 26, 2026

Does Watts qualify as next friend for the purposes of filing the petition? … The burden is on the ‘next friend’ clearly to establish the propriety of his status.” Id. (quoting Maes, 616 B.R. at 800). See also Whitmore v.

Michael E. Moecker of Michael Moecker & Associates, Inc. v. Strasnick (In Re Strasnick)

256 B.R. 330 · United States Bankruptcy Court, M.D. Florida · Nov 8, 2000

The Debtor clearly transferred property of the estate within one year of filing his Chapter 7. petition. Defendant transferred $10,000.00 in advance lease payments on Schwartz’ car. … The Court finds that the answer to that *341 question must be derived by a careful analysis of exactly what qualifies as a “technical trust” under the controlling state law.

In Re Johnson

95 B.R. 197 · United States Bankruptcy Court, D. Colorado · Jan 6, 1989

. § 501 (b), (c); B.R. 3004, 3005. 4 A filed claim is, generally, the in *200 strument to establish recognition and treatment of a creditor’s claim in a bankruptcy case. … The Court has culled out those facts which are clearly reflected in the Court’s file, those supported by sworn affidavit, and those which are not otherwise disputed. 2 .

In Re Bertelt

250 B.R. 739 · United States Bankruptcy Court, M.D. Florida · Jun 1, 2000

The Debtor’s wages are compensation for services, and the tax liability is clearly imposed. … The Debtor’s 1996 return, signed August 5, 1997, is essentially the same, with Form 5329, Additional Taxes Attributable to Qualified Retirement Plan, showing an early distribution of $6,442. (USA Exhibit 23).

Frost & Co. v. Smithey (In re Smithey)

474 B.R. 830 · United States Bankruptcy Court, N.D. Ohio · Jul 6, 2012

On the other hand, reliance is not justifiable if the creditor blindly turns their eyes away from things which would have clearly *839 shown that any reliance on the debtor’s representations was misplaced. Id. … First, pursuant to 11 U.S.C. § 523 (a)(2)(A), the Defendant’s use of $200,000.00 in assets from Frost Roofing to accomplish a purchase of Frost Roofing qualifies as a nondischargeable debt.

Barnes v. Roberts (In re Roberts)

538 B.R. 1 · United States Bankruptcy Court, C.D. California · Sep 9, 2015

Therefore, proximate cause has been established. (3) INVESTMENT WAS SECURED BY PROPERTY/EQUIPMENT i. … For a trust relationship under § 523(a)(4) to be established, the applicable [statute] must clearly define fiduciary duties and identify trust property.

Cournoyer v. Elansari

United States Bankruptcy Court, M.D. North Carolina · Apr 22, 2022

Arkansas, 495 U.S. 149, 154 (1990) (“[B]efore a federal court can consider the merits of a legal claim, the person seeking to invoke the jurisdiction of the court must establish the requisite … “A proposed amendment is futile when it is ‘clearly insufficient or frivolous on its face’ or if the claim it presents would not survive a motion to dismiss.” Save Our Sound OBX, Inc. v. N.C.

In re Cochran

555 B.R. 892 · United States Bankruptcy Court, M.D. Georgia · Sep 1, 2016

These definitions establish that a final, balloon payment is distinct and separate from the preceding “periodic payments.” … Some courts seem to suggest that adequate protection payments, even though regularly occurring, may not qualify as "periodic payments” under § 1325(a)(5)(B)(iii)(I).

Regions Bank v. Whisnant (In Re Whisnant)

411 B.R. 559 · United States Bankruptcy Court, E.D. Tennessee · Aug 25, 2009

The concealment or understating of assets or liabilities constitutes material misstatements, and documents “containing pertinent omissions may qualify as ‘materially false’ for purposes of a section 523(a)(2)(B) violation … Clearly, based upon the testimony of Mr. McMahan and the aforementioned documentation, the Plaintiff relied upon the financial statements and tax returns provided to it by the Defendant.

Chase Manhattan Bank, N.A. v. Nemko, Inc. (In re Nemko, Inc.)

241 B.R. 301 · United States Bankruptcy Court, E.D. New York · Nov 23, 1999

In exchange, UJB agreed to lend Nemko an amount equal to 80% of Nem-ko’s qualified accounts receivable. … Instead, the parties’ contentions are clearly legal in nature.

Lennar Corp. v. BRIARWOOD CAPITAL LLC

430 B.R. 253 · United States Bankruptcy Court, S.D. Florida. · Apr 30, 2010

Stat. § 772.101 , et seq., implicate federal law issues sufficient to establish federal question jurisdiction. … It is evident that resolving that motion and future pretrial disputes can and should be handled by the highly qualified judge who has presided over the case for the past 17 months. See Lone Star Industries, Inc. v.

Tenet HealthSystem Philadelphia, Inc. v. National Union of Hospital & Health Care Employees (In Re Allegheny Health, Education & Research Foundation)

265 B.R. 88 · United States Bankruptcy Court, W.D. Pennsylvania · Jul 30, 2001

the instant debtors, as set forth in said paragraph 9.01(a), agreed not only to indemnify and hold harmless plaintiffs from any pertinent loss but also to defend plaintiffs against any such loss, and (d) plaintiffs have clearly … With respect to the preceding argument by Tenet, Tenet further argues that the same is fully supported by established case precedent.

In re Outer Banks Ventures, Inc.

572 B.R. 604 · United States Bankruptcy Court, E.D. North Carolina · Sep 19, 2017

In conclusion, the evidence established that the 2013 Assignment was absolute in nature. … The debtor contends that imposition of the fee was improper because the parties, by their conduct, clearly extended the maturity date, and there was no basis in the 2011 Note upon which the Trust could assert that an event

In Re Arcade Publishing, Inc.

455 B.R. 373 · United States Bankruptcy Court, S.D. New York · Aug 9, 2011

The Supreme Court has stated that “ ‘[creditors’ entitlements in bankruptcy arise in the first instance from the underlying substantive law creating the debtor’s obligations, subject to any qualifying or contrary provisions … "Typically, judicial estoppel will apply if 1) a party's later position is 'clearly inconsistent’ with its former, 2) the court in the earlier proceeding adopted in some way the party’s former position, and 3) the party asserting

Pollock v. Phillips (In re Phillips)

523 B.R. 846 · United States Bankruptcy Court, N.D. Oklahoma · Dec 23, 2014

This admission establishes that the Probate Estate has no apparent interest in the VehL cles. … held that *859 Section 523(a)(4) clearly qualifies the term “defalcation” by “[t]he phrase ‘while acting in a fiduciary capacity.’”