Case law

Official 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.)

Professional 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

In Re American International Airways, Inc.

47 B.R. 716 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 18, 1985

The Court stated: I feel that the long range result of adopting the SEC’s position would be to drive qualified counsel away from this Court and out of the bankruptcy practice. … Why would any competent firm with any sort of an established clientele spend its time working on a lengthy bankruptcy case, knowing that it might not receive full payments for its service until some indefinite time in the

William C. Broder

United 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.

Wachovia Bank, N.A. v. Spitko

357 B.R. 272 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 23, 2006

This scenario clearly indicates a scheme to defraud creditors.” Id. at 1583. … Clearly Maintech had not been dissolved under state law.

In re Residential Capital, LLC

497 B.R. 720 · United States Bankruptcy Court, S.D. New York · Sep 13, 2013

Resolution of the FGIC Claims and the FGIC Trustee Claims against the Debtors clearly facilitates the administration of the estates and affects the liquidation of the assets of the estate. 2. … This is true notwithstanding the fact that under the TIA, a qualified indenture must not contain any provisions relieving the indenture trustee from liability for its own negligence, failure to act, or willful misconduct.

In re IDC Clambakes, Inc.

510 B.R. 678 · United States Bankruptcy Court, D. Rhode Island · May 16, 2014

An implied-in-fact contract “is a form of express contract wherein the elements of the contract are found in and determined from the relations of, and the communications between the parties, rather than from a single clearly … Evidence sufficient to rebut the prima facie validity of the Associations’ proofs of claim “consists of evidentiary-quality material which, if accepted, would qualify or contradict the claimant’s asserted rights.”

Bank of America, N.A. v. Outboard Marine Corp. (In Re Outboard Marine Corp.)

304 B.R. 844 · United States Bankruptcy Court, N.D. Illinois · Jan 29, 2004

As for paragraph 10, the Bank urges the Court to strike the portion that refers to “the customs in Federal-Mogul’s industry,” because Federal-Mogul has not established that Harvey is qualified to testify about the standards … Section 4 of the Indiana statute clearly indicates that notice to the customer is required, regardless of whether or not the recipient of that notice has knowledge of the lien. See Ind.Code § 32-33-16-4.

Friedman v. Ginsburg (In Re David Jones Builder, Inc.)

129 B.R. 682 · United States Bankruptcy Court, S.D. Florida. · Jul 25, 1991

Clearly, payment by check may or may not be a contemporaneous transfer, depending upon the facts. In re Standard Food Services, 723 F.2d 820 (11th Cir.1984). The final element of new value must also be established. … The defendant clearly has not met his burden of proof on the first two elements and all three elements must be proven.

Nasser v. JP MORGAN CHASE BANK, N.A.

United States Bankruptcy Court, E.D. New York · Oct 8, 2020

Specifically, the Plaintiff received letters from the Defendant dated August 17, 2016, and December 20, 2016, which clearly state that QWRs must be sent to “Chase P.O. … Sept. 11, 2013) (two alleged violations of RESPA were insufficient to establish “a pattern or practice” under § 2605(f)(1)(B)); Jackson, 2019 WL 3426240, at *9 (same).

In Re Yankton College

101 B.R. 151 · United States Bankruptcy Court, D. South Dakota · Jun 7, 1989

This alternative, clearly, would take some time. The assets of the College had certain intrinsic value, but the problem of identifying and persuading a buyer who would pay that value seemed at times insurmountable. … The case took over three years to reach its final stage, the sale to the Federal Bureau of Prisons; it took this length of time to find a qualified buyer.

Bankers Healthcare Group, Inc. v. Bilfield (In re Bilfield)

494 B.R. 292 · United States Bankruptcy Court, N.D. Ohio · Jun 12, 2013

That does not, however, establish anything about Jeffrey’s particular condition. … And that reckless disregard establishes that an award of punitive damages is appropriate.

Freer v. Weinstein (In Re Weinstein)

173 B.R. 258 · United States Bankruptcy Court, E.D. New York · Oct 12, 1994

Section 523(a)(4) provides a meaningful function: It protects beneficiaries from their trustee’s defalcation by rendering the beneficiaries immune from the trustee’s discharge in bankruptcy. Id.; e.g., Jasel Bldg. … We hold that these rulings are clearly valid and final. See, e.g., Lummus Co. v. Commonwealth Oil Ref.

Fidler v. Central Cooperative Bank (In Re Fidler)

210 B.R. 411 · United States Bankruptcy Court, D. Massachusetts · Jun 30, 1997

Generally speaking, professional education is not a prerequisite to qualify as an expert witness. One can qualify as an expert witness based upon practical experience as well. Southern Cement Co. v. … Both TILA and CCCDA require that creditors make truth-in-lending disclosures “clearly and conspicuously.” 12 C.F.R. § 226.17 ; 209 C.M.R. § 32.17.

Cardinal Industries, Inc. v. Buckeye Federal Savings & Loan Ass'n

105 B.R. 834 · United States Bankruptcy Court, S.D. Ohio · Sep 28, 1989

Further, this case does not qualify as a “limited fund” case. … That theory is clearly rejected by the Bankruptcy Code.

Hitchcock v. American Mortgage Company, a division of First Sta

United States Bankruptcy Court, D. Nebraska · Jun 25, 2024

He did not qualify for a direct FSA loan. But he did qualify for an FSA guaranteed loan. Enter AMC, which originated FSA guaranteed loans. … Subsequent emails established otherwise. (Doc. #351).

Trevino v. Select Porfolio Servicing, Inc. (In re Trevino)

599 B.R. 526 · United States Bankruptcy Court, S.D. Texas · Mar 7, 2019

The Fifth Circuit has established that when there are conflicting precedents, the older rule is presumptively correct unless there is an intervening U.S. … However, the party bears a heavy burden of showing a clearly expressed congressional intention that referring a matter to arbitration would conflict with the purposes of the Bankruptcy Code, and that such an intent clearly

SDIF Ltd. Partnership 6 v. Northern Beef Packers Ltd. Partnership (In re Northern Beef Packers Ltd. Partnership Tax ID/EIN 26-2530200)

518 B.R. 24 · United States Bankruptcy Court, D. South Dakota · Sep 22, 2014

Aerial photographs that were offered were skewed by prior flooding, and who took the photos and when were never clearly discussed. … Finally, SOD did not establish Debtor benefited from the “work” performed.

Manty v. Miller & Holmes, Inc. (In Re Nation-Wide Exchange Services, Inc.)

291 B.R. 131 · United States Bankruptcy Court, D. Minnesota · Mar 31, 2003

Between these parties, *152 there really was not enough experience to establish such a yardstick. … Such a transaction is clearly not "in the ordinary course” in a broad sense, but nonetheless it is not excluded from the facial ambit of the cases' articulation of this element. 25 .

Sapir v. Hudson Realty Co. (In Re Rosalind Gardens Associates)

157 B.R. 75 · United States Bankruptcy Court, S.D. New York · Aug 2, 1993

On October 16, 1989, the case was converted for liquidation under Chapter 7 of the Bankruptcy Code and a Chapter 7 trustee was appointed and qualified to act as such. … In affirming this court’s decision, the District Court held: If, as the pleading clearly shows, the mortgage was a non-recourse obligation limited to the collateral described therein, and no deficiency judgment was issued