Case law
Opinions from 1658 to today.
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Altanatural Inc v. New Investments Inc
United States Bankruptcy Court, W.D. Washington · Jun 25, 2019
Altanatural did not fail to “establish damages with reasonable certainty.” Holmquist v. King County, 368 P.3d 234, 238 (Wash. Ct. App. 2016). … The bankruptcy court did not clearly err in rejecting New Investments’ waiver and equitable estoppel defenses.
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Sep 23, 2021
The Principals were managing members of the debtor, clearly qualifying them as insiders of the Debtor. dispute to the court. Riemer & Braunstein LLP v. … The Moving Creditors also fail to qualify as eligible creditors due to the potential impact of the adversary proceeding on the estate.
Cited 0 timesUnknown577 B.R. 202 · United States Bankruptcy Court, E.D. North Carolina · Sep 20, 2017
Thus, the first prong of the law of the case doctrine is established. C. … Clear error Finally, neither party has asserted that any finding in the Judge Stephens Order is “clearly erroneous” or would “work manifest injustice.”
Cited 3 timesPublished199 B.R. 424 · United States Bankruptcy Court, D. Massachusetts · Aug 21, 1996
A creditor asserting a right of set-off has the burden of establishing its entitlement to setoff. In other words, it must establish that “the debt and claim ... [are] ... mutual — that something is owed by both sides.” … Clearly, it allowed plaintiff to rely to its detriment on the information provided in its original proof of claim that no offset existed.
Cited 5 timesPublished398 B.R. 135 · United States Bankruptcy Court, W.D. Pennsylvania · Dec 9, 2008
See also, e.g., In re Derienzo, 254 B.R. 334 (Bankr.M.D.Pa.2000) (stipulation between parties qualified as unequivocal consent to bankruptcy court’s exercise of Article III power over non-core, “related to” matters); Fed’ … Retter establishes that, but for the BAE’s position, Bartock would have been employed several months ago at an annual salary of $125,000, which equates to a daily rate of pay of $342.46.
Cited 5 timesPublishedBonwit Teller, Inc. v. Jewelmasters, Inc. (In Re Hooker Investments, Inc.)
162 B.R. 426 · United States Bankruptcy Court, S.D. New York · Jan 6, 1994
The Plan clearly and unequivocally contemplated the commencement of postcon-firmation preference actions by the Committee. … The Confirmation Order also clearly contemplates post-confirmation preference actions.
Cited 39 timesPublishedMega Newco Limited and Ignacio Javier Gonzalez Delgadillo
United States Bankruptcy Court, S.D. New York · Feb 24, 2025
If restructuring activities alone were sufficient, then any proceeding in which a debtor sought relief would automatically qualify as a “foreign nonmain proceeding,” and the requirement of an “establishment” would be deprived … Clearly, the structure before me could be used in another case as a way of frustrating and thwarting the legitimate expectations of creditors.
Cited 0 timesUnknown247 B.R. 51 · United States Bankruptcy Court, S.D. New York · Dec 15, 1999
L. § 272 , § 548 is not so qualified in assess *107 ing whether the transferor received reasonably equivalent value. … We have already determined that Norris qualifies as an expert. See Ensminger III, 1998 WL 160039 , *5-8.
Cited 25 timesPublishedVogel v. Kalita (In Re Kalita)
202 B.R. 889 · United States Bankruptcy Court, W.D. Michigan · Nov 18, 1996
[and] there may be some default judgments that qualify as a basis for application of collateral estoppel principles.” Kurtz, 170 B.R. at 601 . … As to these two issues, the matter is clearly settled — service was proper and Wood had notice.
Cited 32 timesPublishedIn Re Player Wire Wheels, Ltd.
421 B.R. 851 · United States Bankruptcy Court, N.D. Ohio · Dec 30, 2009
Bryan conceded at the Confirmation Hearing that no trial date has been established for the will contest proceeding. … Steer being qualified as a valuation expert. Mr.
Cited 2 timesPublishedMaine Circuit Breaker, Inc. v. Burnham
United States Bankruptcy Court, D. Maine · Dec 23, 2021
Specifically, MCB contends that the defendants’ failure to disclose the B3 scheme qualifies as a misrepresentation under Maine law and section 523(a)(2)(A). … An injury qualifies as “malicious” in this context if the injury was “wrongful and without just cause or excuse, even in the absence of personal hatred, spite or ill- will.” Printy v.
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. Wisconsin · Mar 18, 2026
The statute clearly contemplates a single recipient of the decedent’s property, and the Court already concluded that a Transfer by Affidavit transfers the whole of the estate to the affiant. … Taylor’s transfer of the Property to herself was not improper, so it is unnecessary to address whether Seidling qualifies as a bona fide purchaser.
Cited 0 timesUnknownMonzack v. ADB Investors (In Re EMB Associates, Inc.)
92 B.R. 9 · United States Bankruptcy Court, D. Rhode Island · Oct 21, 1988
The SFH’s income was clearly inadequate to cover the debt service, and discussions between Brier and Bosler occurred as early as 1978 regarding the nearly half-million dollar balloon payment due on July 1, 1980. … As early as 1973, Brier had precisely the type of special relationship with the SFH and EMB contemplated by the Code to qualify him as an insider.
Cited 14 timesPublishedLiquidation Trust v. Daimler AG (In Re Old Carco LLC)
435 B.R. 169 · United States Bankruptcy Court, S.D. New York · Jul 27, 2010
The Daimler Entities assert that, notwithstanding the fact that it was not quoted from extensively or expressly incorporated, the document was clearly referred to in the drafting of the Complaint. 13 The Daimler Entities … Count IV of the Complaint, however, is dismissed with prejudice because the payment of a legitimate antecedent debt qualifies as fair consideration when made to a non-insider.
Cited 18 timesPublishedProfessional Fee Matters Concerning the Jackson Walker Law Firm
United States Bankruptcy Court, S.D. Texas · Nov 13, 2024
FBI, “the language in 5 U.S.C. § 301 and subsequent case law clearly provide that federal agencies are not authorized to withhold documents or testimony from a federal court.”79 Such holdings are in part because when the … Cir. 1996) (“In federal court, the federal government has waived its sovereign immunity, see 5 U.S.C. § 702, and neither the Federal Housekeeping Statute nor the Touhy decision authorizes a federal agency to withhold documents
Cited 0 timesUnknown464 B.R. 594 · United States Bankruptcy Court, S.D. New York · Dec 27, 2011
Finally, in its Third Disclosure Statement, HHR established that JPMC is not a current client of HHR, and its work for JPMC in the past has been limited. … The Court is cognizant of the chaotic events and need for prompt action in appointing a qualified trustee in the event that a broker-dealer requires liquidation under SIPA, such as occurred in this case.
Cited 8 timesPublished406 B.R. 589 · United States Bankruptcy Court, S.D. New York · May 22, 2009
Smithbuilt contends that “the May 2, 2005 Judgment to sell the apartment Shares and associated proprietary lease doe [sic] not qualify as a judicial lien. … The Maylin court stated that “consistent with § 522(l), Rule 4003 and Taylor , the debtor can establish entitlement to an exemption, prima facie, by listing it specifically on his or her the schedules, designating clearly
Cited 19 timesPublishedOfficial Committee of Unsecured Creditors v. UMB Bank, N.A. (In re Residential Capital, LLC)
501 B.R. 549 · United States Bankruptcy Court, S.D. New York · Nov 15, 2013
Thus, a mortgage loan listed as AFI LOC collateral on the Debtors’ books and records would qualify as a Sub- *565 jeet Mortgage Loan that was released. … The Nationstar APA states clearly that the purchased assets are “Related to the Business.” (PX 33 at 38.)
Cited 16 timesPublishedMcHale v. Citibank, N.A. (In Re the 1031 Tax Group, LLC)
420 B.R. 178 · United States Bankruptcy Court, S.D. New York · Dec 3, 2009
Okun acquired all of the Debtor entities between August 2005 and December 2006 with a business strategy of “rolling up” regional qualified intermediaries into a national firm. … The Trustee must demonstrate three elements to establish constitutional standing. First, there must be an “injury in fact.”
Cited 52 timesPublishedUnited States Bankruptcy Court, D. Maine · Mar 14, 2019
The parties have not presented facts establishing with any certainty whether the York Beach property is owned solely by Mr. … D.N.H. 1994) (“The plain language of the statute clearly delineates between the rights of a third person beneficiary and the rights of the insured.
Cited 0 timesUnknown
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