Case law

Holley Performance Products, Inc. v. Coppaken (In re Coppaken)

572 B.R. 284 · United States Bankruptcy Court, D. Kansas · May 31, 2017

The governing principles are well established. … Neither do arms-length transactions. 75 But that was not what happened here, as the facts clearly demonstrate.

In Re Porter

382 B.R. 29 · United States Bankruptcy Court, D. Vermont · Feb 8, 2008

files a proof of claim and, since the claims bar date falls after the confirmation hearing date in this District, that gives the creditor an added incentive to hold its proof of claim until after confirmation in order to be immune … Instead, they are asking the Court to make a finding that certain unidentified causes of action are preserved, even though the facts essential to establishing such claims were not extant, or disclosed, as of the date of the

In Re Imperial Corp. of America

181 B.R. 501 · United States Bankruptcy Court, S.D. California · Apr 17, 1995

For example, after the Shields litigation was commenced, the Board established a special litigation committee to investigate the merits of the claims asserted. … BAP 1994) the firm must be barred from receipt of any compensation for those services: Under these factors, the professional must demonstrate that it was qualified to act on behalf of the estate pursuant to Section 327.

Agro Santino OOD and Yordanka Ivanova Panchovska

United States Bankruptcy Court, S.D. New York · Jul 24, 2023

The proceedings are governed by the Bulgarian Bankruptcy Law, which establishes the Bulgarian insolvency regime. Id. ¶ 18. … The Fifth Circuit found that the Working Group “clearly intended to include foreign representatives of proceedings in which a debtor in possession remains in control of its assets” and that “the National Bankruptcy Review

Texaco Inc. v. Sanders (In Re Texaco Inc.)

182 B.R. 937 · United States Bankruptcy Court, S.D. New York · May 15, 1995

A bankruptcy court is undoubtedly the best qualified to interpret and enforce its own orders including those providing for discharge and injunction and, therefore, should not abstain from doing so. … All of the physical events required to establish the elements of causation and damage for such claims occurred prior to confirmation.

In re: A M N A G L E D L O M NA v. Autoridad de Acueductos y Alcantarillados

United States Bankruptcy Court, D. Puerto Rico · Dec 27, 2013

(4th Cir. 1995). 5. 11 U.S.C. § 523(a)(7). 3 1 || pecuniary loss.© Therefore, in order to qualify … Therefore, the First Circuit’s three part test for a § 523(a)(7) discharg exemption is clearly satisfied in this case.

Matter of Baldwin United Corp.

43 B.R. 888 · United States Bankruptcy Court, S.D. Ohio · Oct 19, 1984

(Shareholders’ Ex. 18) 27.There are three salient points which clearly emerge from a review of these transactions. … In sum, we have no quarrel with the decision in Bran-ijf — we merely find it clearly distinguishable on the facts presented.

In Re Pittsburgh Corning Corp.

453 B.R. 570 · United States Bankruptcy Court, W.D. Pennsylvania · Jun 16, 2011

And, that does layout [sic] very clearly how physicians should approach diagnosis and management of asbestosis, asbestos related pleural disease. Q: ... … The transcript of the June 10, 2010, hearing clearly indicates which portions of each article were relied upon by Dr. Welch in reaching her opinion. 48 . Dr.

Talisman Capital Alternative Investments Fund, Ltd. v. Mouttet (In re Mouttet)

493 B.R. 640 · United States Bankruptcy Court, S.D. Florida. · May 16, 2013

The Complaint does not adequately plead pattern, enterprise, or qualifying predicate acts. … That is clearly not the situation in this case; EGE as plaintiff brought the action in Jamaica and is actively litigating this case in the Jamaican courts at this moment. .

Christina Fama-Chiarizia

United States Bankruptcy Court, E.D. New York · Sep 15, 2023

Fama-Chiarizia’s receipt of rental income does not qualify as “commercial or business activity.” Id. … [because it] is clearly the delivery of services in exchange for a profit.” Id.

In Re Columbia Ribbon & Carbon Manufacturing Co.

54 B.R. 714 · United States Bankruptcy Court, S.D. New York · Oct 22, 1985

But see In re Electronic Computer Programming Institute of Fresno, Inc., 16 C.B.C. 236 , 238 (Bankr.S.D.N.Y.1978) (“Recent case law has established that, in order to prevent patent injustice, a bankruptcy court may admit … The Code now clearly divides late claims into two categories: those belonging to creditors with notice sufficient to file a timely proof of claim and those without such notice.

In Re Sunflower Racing, Inc.

219 B.R. 587 · United States Bankruptcy Court, D. Kansas · Apr 8, 1998

It qualifies as a charitable organization under § 503(b) of the, Internal Revenue Code. … The statute . establishes three standards for determining when a plan is “fair and equitable.”

Emerald Hills Country Club, Inc. v. Hollywood, Inc. (In Re Emerald Hills Country Club, Inc.)

32 B.R. 408 · United States Bankruptcy Court, S.D. Florida. · Jun 17, 1983

Horvitz, and corroborated by Stanley Beckerman, established that Charles Schnier and William D. … Also, as stated in Constructora, supra, because the value of assets that are not susceptible to immediate liquidation may, in certain circumstances be discounted, it is appropriate for the trier of fact to hear qualified

Bancredit Cayman Ltd. v. Regions Bank Corp. (In Re Bancredit Cayman Ltd.)

419 B.R. 898 · United States Bankruptcy Court, S.D. Florida. · Nov 6, 2009

Cayman”), Banco Nacional de Crédito, established in the Dominican Republic (“Bancredito-DR”), as well as Bancredito, SA, established in Panama (“Bancredito-Panama”). … The undisputed facts establish the contrary.

In Re CF Foods, LP

280 B.R. 103 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 3, 2002

Knowledge that future investors will not be paid is sufficient to establish actual intent to defraud them. … Independent Clearing House, 77 B.R. at 866 ; Taubman, 160 B.R. at 984 . [17] However, the Transfers do not qualify for the charitable contribution exception of 11 U.S.C. § 548 (a)(2) because the Debtor is not a "natural person

Kaufman v. Monte (In Re Kaufman)

315 B.R. 858 · United States Bankruptcy Court, N.D. California · Oct 19, 2004

If, then, the court were to look at the valuation in Kaufman’s schedules ($450,-000), then a ceiling would be established. … Here, the distinction between property of the estate and property of the debtor makes little difference; in either case Defendants clearly violated several subsections of § 362(a).

In Re State Street Houses, Inc.

305 B.R. 726 · United States Bankruptcy Court, S.D. Florida. · Dec 3, 2002

The July 17, 2002 return date was one day before the expiration on July 18, 2002 of the cure period established by the Second Default Notice. G. … Moreover, it was Movants’ clearly-expressed intention to commence a foreclosure action in the New York state courts upon denial of the motion by'Debtor, Associates and Mr.

Stuart A. Gold, Trustee v. Benjamin O. Davis Veterns Village Limited Dividend

United States Bankruptcy Court, E.D. Michigan · Sep 25, 2025

Discussion Except as noted, all the facts stated in this Opinion and Order are established beyond any genuine dispute. … P. 56(g), the Court concludes that there is no genuine issue of material fact regarding the following, and the following facts and conclusions are deemed established in this adversary proceeding: A.

Bay Plastics, Inc. v. BT Commercial Corp. (In Re Bay Plastics, Inc.)

96 Daily Journal DAR 186 · United States Bankruptcy Court, C.D. California · Sep 5, 1995

In this interpretation, Kupetz established two propositions. … The selling shareholders make three arguments against considering Shinteeh a qualifying pre-transaction creditor.

In re Betteroads Asphalt, LLC

594 B.R. 516 · United States Bankruptcy Court, D. Puerto Rico · Nov 30, 2018

at least three (3) qualified petitioning creditors whose claims are not subject to a bona fide dispute and whose unsecured and uncontingent claims aggregate at least $15,775. … ongoing litigation in these involuntary cases, the number of petitioning creditors joining in the involuntary petitions, and the record of lawsuits that have been commenced against the Debtors during the past two (2) years clearly