Case law

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

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 .

Wilborn v. Wells Fargo Bank, N.A. (In Re Wilborn)

404 B.R. 841 · United States Bankruptcy Court, S.D. Texas · Mar 24, 2009

This definition is proper because “the class sought to be represented [is] adequately defined and clearly ascertainable.” De Bremaecker, 433 F.2d at 734. *859 2. … “If potential damages recoverable by class members are substantial, the lawsuit does not qualify as a negative value suit.” Corley v.

Food Management Group, LLC v. Matrix Realty Group, Inc. (In Re Food Management Group, LLC)

372 B.R. 171 · United States Bankruptcy Court, S.D. New York · Jul 25, 2007

Accordingly, the first element of plaintiffs’ case—the existence of a valid and enforceable contract—has been established. B. … We clearly understand how that is necessary to enhance and maintain brand equity and maximize a store’s profits!

Sanchez Energy Corporation

United States Bankruptcy Court, S.D. Texas · Dec 12, 2022

Under those circumstances, the disclosure is still a waiver of work product immunity.”) … If Mesquite’s disclosures to Apollo and Fidelity employees caused the materials to come into the Sanchez Parties’ possession, then Mesquite clearly waived work product protection.

Kravitz v. Samson Energy Company, LLC

United States Bankruptcy Court, D. Delaware · Aug 4, 2022

The Plan established the Samson Settlement Trust. … Ga. 2007) (“[Morgan Stanley DW Inc.] clearly had at least two ‘customers’ at the time of the subject transfers . . . .

In Re Hill

328 B.R. 490 · United States Bankruptcy Court, S.D. Texas · Aug 3, 2005

As to the second element, the Trustee must establish substantial abuse as defined by § 707(b). Under the Krohn test, this would require a showing of either lack of honesty or want of need. In re Krohn, 886 F.2d at 126 . … Thus, the amount available to unsecured creditors over a 60-month period would be negative $45,653, clearly leaving zero percent available on unsecured claims.

Hubanks v. Jouett (In re Jouett)

512 B.R. 277 · United States Bankruptcy Court, N.D. Oklahoma · Mar 12, 2014

This Court has previously held that Section 523(a)(4) clearly qualifies the term “defalcation” by “[t]he phrase ‘while acting in a fiduciary capacity.’ ” Therefore, “[t]here is no need to consider whether a debtor has committed … The burden here is upon Hubanks to establish, by a preponderance of the evidence, that David conspired with Sabra to deplete the Hubanks Account.

In re Korn

523 B.R. 453 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 18, 2014

Brown has established cause for relief under 11 U.S.C. § 1112 (b)(1) and the Debtor has not established the existence of unusual circumstances under § 1112(b)(2). … He qualifies the payment commitment by stating that it is subject to review and approval by the Bankruptcy Court at the time of the Confirmation Hearing and the amount approved by the Bankruptcy Court shall control under

Sculler v. Rosen (In Re Rosen)

232 B.R. 284 · United States Bankruptcy Court, E.D. New York · Mar 24, 1999

Since the adversary proceeding presently before this court has established that a debt is nondischargeable pursuant to § 523(a)(5), it clearly arises under federal law. … The interest rate in this proceeding clearly should be governed by federal law.

Barr v. Weber (In Re Carousel Candy Co.)

38 B.R. 927 · United States Bankruptcy Court, E.D. New York · Apr 11, 1984

American Express is clearly a bona fide transferee of the payment BATES made for SAUL HERSHEY. … The sales of the two packaging machines by WEBER took place on and after February 15, 1980, after the petition was filed, and clearly qualify as post-petition transfers.

Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)

422 B.R. 783 · United States Bankruptcy Court, S.D. Florida. · Oct 30, 2009

“Courts have generally held that it is not necessary to show that the transferee had actual fraudulent intent, though fraudulent intent on the part of the transferee would clearly establish the lack of good faith.” … “Courts have generally held that it is not necessary to show that the transferee had actual fraudulent intent, though fraudulent intent on the part of the transferee would clearly establish the lack of good faith.”

Associated Bicycle Service, Inc. v. United States (In Re Associated Bicycle Service, Inc.)

128 B.R. 436 · United States Bankruptcy Court, N.D. Indiana · Sep 25, 1990

Affidavits do not qualify as a basis for summary judgment, and are not competent for the purpose of negating genuine issues of material fact where matters of motive or opinion of value are involved. Duane v. … It is not difficult to see that the term “employees” embraces a broad range of persons, from those at one end who clearly are employees, e.g., Hoosier’s office employees, to those who clearly are not, e.g., a private physician

Samson Resources Corporation

United States Bankruptcy Court, D. Delaware · Aug 4, 2022

The Plan established the Samson Settlement Trust. … Ga. 2007) (“[Morgan Stanley DW Inc.] clearly had at least two ‘customers’ at the time of the subject transfers . . . .

In Re Eagle Bus Manufacturing, Inc.

134 B.R. 584 · United States Bankruptcy Court, S.D. Texas · Oct 10, 1991

Collyer, a former general counsel to the NLRB and currently serving as labor counsel to GLI, was qualified to testify as an expert regarding NLRB procedures. … Leet, currently serving as a vice president for Goldman, was qualified as an expert regarding matters of corporate finance.

In Re Old Carco LLC

452 B.R. 100 · United States Bankruptcy Court, S.D. New York · Jul 25, 2011

when “clearly authorized by Congress.” … Clearly, that’s within the control of the company as to how those economic conditions affected them." (Emphasis supplied.) 21 .

In Re Padgett

389 B.R. 203 · United States Bankruptcy Court, D. Kansas · May 27, 2008

A secured party claiming a purchase money security interest has the burden of establishing the extent to which the security interest is a purchase-money security interest. K.S.A. 84-9-103(g). 13 . Keith G. … "By this logic, were the dealer prepared to pay off some of the debtor’s credit card debt to help the debtor qualify for the car loan, that too, following [creditor’s] logic, would be 'value given to enable the debtor to

In re James

498 B.R. 813 · United States Bankruptcy Court, E.D. Tennessee · Oct 10, 2013

The other list, found in subparagraph (b)(3), incorporates a state’s exemptions 2 and includes property that qualifies for exemption under Section 522(b)(3)(B) and (C). … He clearly was aware of the existence of joint creditors. He listed nine creditors as joint. In fact, he had listed $88,000 of joint unsecured debts on Schedule D and F.

Fleet v. United States Consumer Council, Inc. (In Re Fleet)

53 B.R. 833 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 15, 1985

These allegations are of particular concern to this Court because, if established as true, defendants’ activities constitute an abuse of the bankruptcy court system. … Subsection h of Rule 704 clearly allows for de minimis errors in service under Rule 704 where there is no material prejudice to the defendant: Service of process under this rule shall be effective notwithstanding an error

Givens v. Countrywide Home Loans, Inc. (In Re Jarosz)

322 B.R. 662 · United States Bankruptcy Court, E.D. Wisconsin · Mar 28, 2005

Moreover, Bankruptcy Code § 547(e)(2)(c) suggests that a transfer that is invalid under state law may still qualify as a preference. … This date clearly is within 90 days of the February 18, 2003 petition date.