Case law

The Barbknecht Firm, P.C. v. Keese

United States Bankruptcy Court, E.D. Texas · Jul 27, 2020

Though the determination of the dischargeability of a particular debt is clearly a core proceeding over which this Court unequivocally has jurisdiction and the ability to exercise full judicial power, the rendition of a … Nevertheless, as previously stated, certain facts have been established.

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.

United States v. Merritt (In Re Merritt)

186 B.R. 924 · United States Bankruptcy Court, S.D. Illinois · Sep 8, 1995

The $47.25 debt clearly meets the first prong of this test in that it is owed to the United States government. … Under the “clearly erroneous” standard applicable to such a determination, see Williams v.

Farmers State Bank v. Miner (In Re Monson)

87 B.R. 577 · United States Bankruptcy Court, W.D. Missouri · May 16, 1988

“Clearly the purpose of the Bankruptcy Act was to benefit creditors and debtors, not trustees.” In re Kokoszka, 479 F.2d 990, 995, 996 (7th Cir.1973), affirmed sub nom. Kokoszka v. … Maxwell’s testimony that he "hoped” to gain $220,000 from the lots, holding that it did not qualify as an opinion of value. 21 . See note 13, supra. 22 .

In Re Babcock & Wilcox Co.

413 B.R. 337 · United States Bankruptcy Court, E.D. Louisiana · Apr 8, 2009

say whether the disputed provisions qualify as release or indemnity provisions. … B & W fails to clearly distinguish between the two types of provisions.

Amresco New England II, Inc. v. Vescio (In re Vescio)

220 B.R. 195 · United States Bankruptcy Court, D. Vermont · Apr 16, 1998

Those documents simply do not qualify for the privilege claimed. 3 Whether they are relevant might vary in the particular case, but that’s for the judge or magistrate in that case to decide. … In the first place, the record establishes that Bank’s positions on relevance are unreliable. In addition, discovery does not have to be relevant.

Briseno v. Mutual Federal Savings & Loan Ass'n (In re Briseno)

496 B.R. 509 · United States Bankruptcy Court, N.D. Illinois · Aug 2, 2013

The Debtors, as the parties seeking to strip the liens, bear the burden to establish the values of the properties. See Hernandez v. TCF Banking & Savs. (In re Hernandez), 493 B.R. 46, 50 (Bankr.N.D.Ill.2013). … The Court was presented with two competing appraisals of the 4731 Property, each made by a qualified appraiser, stating significantly diverging values under the sales comparison approach.

Zazzali v. Goldsmith (In re DBSI Inc.)

593 B.R. 795 · United States Bankruptcy Court, D. Idaho · Oct 17, 2018

So, too, is his assertion that "[t]he transaction itself clearly was not in furtherance of any Ponzi scheme." 90 Plaintiff established that the DBSI group of entities was insolvent, and engaged in a Ponzi scheme at the time … Though Kastera was clearly controlled by DBSI and Swenson, the Ninth Circuit has rejected the control test, and the Court is compelled to conclude that Kastera had dominion over the earnest money funds.

Ryan Lashon Ford

United States Bankruptcy Court, W.D. North Carolina · Sep 29, 2025

“As the movant, the Debtor bears the burden of establishing cause by setting forth specific facts which support the removal of the Trustee. … Second, it clearly is not extralegal.

Matter of Barney Schogel, Inc.

12 B.R. 697 · United States Bankruptcy Court, S.D. New York · Jun 19, 1981

That section states: “Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. … industry, it is true that “[a] course of dealing between parties and any usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware give particular meaning to and supplement or qualify

In Re Native American Systems, Inc.

368 B.R. 75 · United States Bankruptcy Court, D. Colorado · Mar 23, 2006

Benefit to the DIP ENI must also establish that the availability of its services benefitted the DIP. Amarex, 853 F.2d at 1530 . … In the case of the DOE contract, the DIP clearly received a benefit. ENI’s continued availability allowed the DIP to receive post-petition $47,459.00 from its customer.

Osherow v. Nelson Hensley & Consolidated Fund Management, L.L.C. (In re Pace)

456 B.R. 253 · United States Bankruptcy Court, W.D. Texas · May 16, 2011

Here, CFM is clearly an initial transferee, so the Plaintiff may recover the condo (or its value) from CFM pursuant to section 550(a). … Nonetheless, the Plaintiff did establish that Hensley used CFM to perpetrate a fraud.

In Re Kellogg Square Partnership

160 B.R. 343 · United States Bankruptcy Court, D. Minnesota · Oct 22, 1993

On the issue of the property’s value, both sides presented the testimony of professional appraisers who were qualified as experts; Maxwell 0. Ramsland testified on behalf of the Debtor, and Roger G. … It certainly did not establish that the Debtor and the property were qualified to receive the very special sort of loan that would bear the specific interest rates to which he testified. 37 .

In re: Marquez Construction and Maintenance, LLC

United States Bankruptcy Court, W.D. Texas · Nov 25, 2025

In the Fifth Circuit, “a creditor can establish that its expenses are attributable to the actions of the bankruptcy estate through evidence of either a direct request from the debtor-in-possession or other inducement via … By deciding to reject the Rental Agreement, the Trustee clearly determined that it was not necessary or beneficial to the chapter 7 estate.

Public Service Electric & Gas Co. v. Technology for Energy Corp. (In Re Technology for Energy Corp.)

140 B.R. 214 · United States Bankruptcy Court, E.D. Tennessee · May 12, 1992

For Bechtel to prevail, the evidence must clearly establish the custom of the trade. … The evidence does not clearly establish the broad custom of the trade.

Barnhill's Buffet, Inc. v. SCS General Contractors Inc. (In Re Barnhill's Buffet, Inc.)

397 B.R. 51 · United States Bankruptcy Court, M.D. Tennessee · Nov 19, 2008

SCS also prays that the Court will award it the total amount of the escrows established for this litigation to the extent of the orders establishing the escrows. … Imposition of a constructive trust clearly thwarts the policy of ratable distribution and should not be impressed cavalierly. Omegas, 16 F.3d at 1451 (quoting The Oxford Organisation, Ltd. v.

Siegal v. Everett (In re Siegal)

591 B.R. 609 · United States Bankruptcy Court, D. Maryland · Aug 8, 2018

It does not clearly articulate the capital contribution as a condition precedent to membership. … E.D.N.C. 2002) ("The letter clearly states that his efforts will cease if Mr. Crudup pays him the $17,500 he last offered to accept.

Petition of Brierley

145 B.R. 151 · United States Bankruptcy Court, S.D. New York · Aug 4, 1992

The burden rests on the moving party to clearly establish the absence of a genuine issue as to any material fact. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 , 90 S.Ct. 1598, 1608 , 26 L.Ed.2d 142 (1970). … the court of appeals reversed a decision which held that a West German bankruptcy trustee was precluded from commencing an ancillary case because the debtor in the foreign case — an insolvent decedent’s estate — did not qualify

Davis v. Osborne (In re Osborne)

476 B.R. 284 · United States Bankruptcy Court, D. Kansas · Jul 27, 2012

protecting the estate and creditors if one of the enumerated grounds for revocation arises. 12 The bankruptcy court must strictly construe the provisions on revocation of discharge and revoke a discharge only for reasons clearly … By its terms, this section establishes that the fair dealing necessary to qualify for a discharge includes refraining from actions intended to injure creditors, including the transfer, concealment or destruction of property

Diamond Offshore Co. v. ATP Oil & Gas Corp. (In re ATP Oil & Gas Corp.)

497 B.R. 238 · United States Bankruptcy Court, S.D. Texas · Jul 24, 2013

(Case No. 12-3429, ECF No. 93-17 at 27-28) (interests in certain Telemark Wells increased from a 0.0005% distribution percentage to a 100% distribution percentage until Clipper qualifies as a successful well, if such had … Diamond does, for the purposes of summary judgment, establish that the Diamond transaction has inconsistencies with a secured debt instrument.