Case law

Bridle Path Partners, LLC

United States Bankruptcy Court, D. Utah · Jan 8, 2024

Specifically, Subchapter V offers qualifying debtors certain benefits, such as no quarterly fee to the U.S. … Further, the evidence establishes that the Debtor had essentially no income for the past two years.

In re: Carliemar White, III; Rev.io, LLC and Brent Maropis v. Carliemar White, III

United States Bankruptcy Court, N.D. Georgia · Mar 31, 2026

Identity of the Parties Is the Same The first element is clearly met as the Plaintiffs and Mr. … Plaintiffs argue that the content of the Video establishes that Mr.

Redfield v. Peat, Marwick, Mitchell & Co. (In Re Robertson)

105 B.R. 440 · United States Bankruptcy Court, N.D. Illinois · Aug 29, 1989

Facts Not Established or Discussed by the Parties One key fact has not been established on this record and the parties have not referred to it in their submissions. … Section 522(Z) and Rule 4003 ... clearly place the burden on the creditor of taking timely affirmative action....

Gelsey v. PG&E Corporation

United States Bankruptcy Court, N.D. California · Aug 22, 2025

Further, the California legislature in AB 1054, 26 fixed a deadline of June 30, 2020 for Debtors to obtain 27 confirmation of a Chapter 11 plan in order to qualify for future 28 legislative … to make amendments to 8 its website. 9 Once again, her complaints included in this cause of action 10 largely fall within the immunities

Condor One, Inc. v. Homestead Partners, Ltd. (In Re Homestead Partners, Ltd.)

201 B.R. 1014 · United States Bankruptcy Court, N.D. Georgia · Oct 29, 1996

These two acts — filing the Report and causing the Notice to Redeem to issue— were clearly necessary to complete the transfer of title to the Property from Natchez to Lilly. … That calculation, however, merely serves to establish the reference point for section 547(b)(5)’s application.

Firearms Import & Export Corp. v. United Capitol Insurance (In Re Firearms Import & Export Corp.)

131 B.R. 1009 · United States Bankruptcy Court, S.D. Florida. · Sep 23, 1991

The court in Federal Press then applied these well established legal principles to the facts at hand. … United Capitol has not proved any post-petition contractual or other relationship established between the parties.

In Re Chrysler LLC

405 B.R. 84 · United States Bankruptcy Court, S.D. New York · May 31, 2009

Clearly, that issue is not before this Court. … Treasury and the UAW, [was] determined by the Debtors in the exercise of their fiduciary duties to be a Qualified Bid.” 26 .

In Re Pilgrim's Pride Corp.

439 B.R. 661 · United States Bankruptcy Court, N.D. Texas · Oct 28, 2010

Debtors conclude from these precedents that “[t]he Comptroller’s attempt to expand on the enforcement scheme devised by the legislature ... violates this well established rule of statutory construction.” Id. at 9. … Because Texas law clearly allows the Comptroller to assess a sales-and-use tax against a purchaser when the seller fails to remit the tax to the state, 14 the Comptroller contends it should be able to do the same to a purchaser

Klinger v. Hosler (In Re Hosler)

309 B.R. 540 · United States Bankruptcy Court, C.D. Illinois · May 17, 2004

The objector must establish all elements by a preponderance of the evidence. In re Scott, 172 F.3d 959 , 966-67 (7th Cir.1999). … “Thus, where the evidence on the intent question is such that two permissible conclusions may rationally be drawn, the bankruptcy court’s choice between them will not be viewed as clearly erroneous.”

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.

MMM Healthcare Inc v. Rafael Fernandez Quesada; Alejandro Oliveras Rivera, Trustee

United States Bankruptcy Court, D. Puerto Rico · Apr 1, 2014

Supreme Court has held that the language of § 2 101(5)(A) reflects Congress’ broad rather than restrictive view of the class of obligations that qualify … In the latter scenario, 22 documentation must clearly reflect the need for such concurrent care to avoid 23 being considered duplicative and therefore, not medically reasonable and

John Michael Maier, as Trustee for the Dahl's v. Chatz

United States Bankruptcy Court, S.D. Iowa · Aug 23, 2022

The party seeking relief in federal court bears the burden to establish subject matter jurisdiction. Lujan v. Defs. of Wildlife, 504 U.S. 555, 561 (1992). … Those include: because Chatz, individually was not a party to the Trust Agreement the breach of contract claims are barred by the Exculpation Provisions in the Trust Agreement or qualified immunity; in pari delicto; failing

Lawrence v. Combs (In re Combs)

543 B.R. 780 · United States Bankruptcy Court, E.D. Virginia · Jan 21, 2016

Mr, Lawrence testified that he assisted Lawrence extensively during the Divorce Proceeding because of her total disability caused by an auto-immune disease, which is triggered by stress, and rheumatoid arthritis, which limits … Lawrence’s mother testified'she and' her now-deceased husband established and made contributions to the Education Fund for L.E.C., their granddaughter.

In Re Washington Mutual, Inc.

442 B.R. 314 · United States Bankruptcy Court, D. Delaware · Jan 7, 2011

These waivers are not simply significant in total dollars but also in comparison to the total claims against the estate; they are clearly the largest claims. … Under the Master Mortgage factors, they do not qualify for a release from the Debtors. There is no identity of interest between them and the Debtors.

In Re Lively

266 B.R. 209 · United States Bankruptcy Court, N.D. Oklahoma · Jun 11, 1998

The Court will also establish deadlines by which certain actions must be taken by the Debtors. Background Debtors filed a petition for relief under Chapter 13 of the United States Bankruptcy Code on July 28, 1997. … While the Court will review the merits of any adequate protection request if and when such request is made, the Court wishes to clearly state that any agreement which would call for the ratification of payments already made

Carver Federal Savings Bank v. Cedillo (In re Cedillo)

573 B.R. 405 · United States Bankruptcy Court, E.D. New York · Sep 11, 2017

And as one bankruptcy court observed, “[a] statement concerning the ownership of assets clearly qualifies as a statement regarding financial condition.” In re Hambley, 329 B.R. at 399 . Other courts are in accord. … Whether Carver Has Established that Mr. Cedillo Executed a Statement in Writing The first element that Carver must establish is that Mr.

Fisher v. Smith (In Re Medico Associates, Inc.)

23 B.R. 295 · United States Bankruptcy Court, D. Massachusetts · Jul 18, 1980

On that issue the April 3,1973 letter clearly states the manner by which the rate is to be calculated: The New York City Department of Social Services agrees to pay at the rate of $26.75 per day until such time as the State … This program is administered through a supervisory mechanism providing, in part, direct payments to qualified providers of health care services under a state-formulated plan in compliance with federal guidelines.

In Re East Peoria Hotel Corp.

145 B.R. 956 · United States Bankruptcy Court, C.D. Illinois · Oct 8, 1991

For example, even though Section 330 clearly indicates that “comparable services” is an important factor to be considered, should it be controlling. … It relies solely on the rate established by the law firm.

In Re Orchid Island Hotels, Inc.

18 B.R. 926 · United States Bankruptcy Court, D. Hawaii · Mar 26, 1982

The Hawaii Supreme Court also clearly noted that the authority of a receiver is limited to the terms set forth by the court. Likewise in Miller v. … One well-established exception is that where the costs of administration actually benefit the lien interest, these costs will be paid before the secured creditors’ claims are satisfied. 3A Collier on Bankruptcy ¶ 64.105[1.4

In re Jordan

555 B.R. 636 · United States Bankruptcy Court, S.D. Ohio · Jul 1, 2016

In Blair, a Chapter 7 case, the bankruptcy court found that the debtor had failed to establish undue hardship. … Judges and commentators alike have pointed out how difficult it can be for debtors to establish undue hardship.