Case law

In Re Hourani

180 B.R. 58 · United States Bankruptcy Court, S.D. New York · Apr 10, 1995

However, a system that does not clearly distinguish at all is suspect. e. Section 304(c)(5) — Comity. … While this may be true, it does not establish that FIRREA is inconsistent with this country’s notions of fairness.

AP Industries, Inc. v. SN Phelps (In Re AP Industries, Inc.)

117 B.R. 789 · United States Bankruptcy Court, S.D. New York · Jul 26, 1990

It is axiomatic that a duly qualified trustee in bankruptcy represents the estate and is the only proper party to maintain any action under Code § 5J)b(b) ■ ■ ■ and that the creditors of the estate have no right to proceed … Even under the stricter standards of the Second Circuit for injunc-tive relief pursuant to Federal Rule 65, the Debtor has clearly met its burden.

Mann Realty Associates, Inc.

United States Bankruptcy Court, M.D. Pennsylvania · Oct 22, 2019

Clearly, they did not. … First, a party's later position must be “clearly inconsistent” with its earlier position. Id. at 750 (citations omitted).

Walker v. Sallie Mae Servicing Corp. (In Re Walker)

406 B.R. 840 · United States Bankruptcy Court, D. Minnesota · Jun 18, 2009

Denying discharge of ECMC’s claim would impose undue hardship on her and her children, even if she were to go through the motions of qualifying for the program. … He submitted (pursuant to stipulation) Plaintiffs Exhibits 2 and 3 to establish Troy’s income.

Newman v. Associated Bank, National Ass'n (In re World Marketing Chicago, LLC)

574 B.R. 670 · United States Bankruptcy Court, N.D. Illinois · Jul 31, 2017

Rule 702 of the Federal Rules of Evidence, which states, “[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to under *681 stand the evidence or to determine a fact in issue, a witness qualified … While Taxman may have expressed a preference, it clearly contemplated that each valuation method had its place. As a result, Associated overgeneralizes the Taxman holding.

Samuel D. Sweet, Chapter 7 Trustee for the Estate of Debtors, John Frederick Shastal Jr. and Kimberly Ann Shastal, and John Frederick Shastal, an individual, and Kimberly Ann Shastal, an individual v. Majors Law, PLLC, a Professional Limited Liability Company, Sheena L. Majors, an individual, Desirae Bedford, an individual and Recovery Law Group, a Professional Corporation

United States Bankruptcy Court, E.D. Michigan · Nov 6, 2025

Mich., July 10, 2020) (emotional damages qualify as “actual damages” under § 362(h)); In re Weaver, No. 17-32042, 2023 WL 3362064, at *7–8 (Bankr. E.D. … I don't think she's qualified nor prepared to do that.

Sharp v. Essex Insurance (In re C.M. Meiers Co.)

527 B.R. 388 · United States Bankruptcy Court, C.D. California · Dec 3, 2015

It did not, however, establish that the underlying claim could not come within the policy coverage. … The statutory exclusion is intended to preclude indemnification for conduct that is clearly wrongful and necessarily harmful. Unified W. Grocers, Inc. v. Twin City Fire Ins.

In Re Dunmore Homes, Inc.

380 B.R. 663 · United States Bankruptcy Court, S.D. New York · Jan 14, 2008

In considering change of venue motions, courts often look to the criteria established in two circuit court decisions to evaluate the interests of justice and convenience of parties —In re Manville Forest Prod. … In this case, California clearly has a greater interest in the outcome of this case for both the Debtor and the creditors.

Slott, Chapter 7 Trustee v. Smith

United States Bankruptcy Court, S.D. Florida. · May 19, 2025

Lack of pre-transfer notice or foreseeability of consolidation does not immunize postpetition conduct under § 549. … Even assuming, arguendo, that Smith was not the initial transferee but instead a subsequent transferee, he still would not qualify for the good-faith defense under § 550(b).

In re Mighell

564 B.R. 34 · United States Bankruptcy Court, C.D. California · Feb 7, 2017

BROWN IN CONTEMPT; (2) ESTABLISHING BRIEFING SCHEDULE; AND (3) SETTING HEARING Mark Houle, United States Bankruptcy Judge I. … The Ybarra exception is clearly illustrated by its holding: “In light of the foregoing, we conclude that the award of attorney fees and costs incurred post-petition was not discharged in Ybarra’s bankruptcy.”

Mandalay Resort Group v. Miller (In Re Miller)

310 B.R. 185 · United States Bankruptcy Court, C.D. California · May 6, 2004

As this court ruled at trial in this case, Mandalay failed to show that the markers qualified for any exception to the hearsay rule. … In contrast, many of the reported § 523(a)(2)(A) decisions do not distinguish between false representations and false pretenses because it is difficult to state clearly how the two concepts differ.

In re Lee

472 B.R. 156 · United States Bankruptcy Court, D. Massachusetts · Jun 4, 2012

A “Qualified Raymond Lee Family Member” is defined as “any of the spouse, descendants, heirs, legatees or devisees of Raymond C. … Lee that are qualified for employment by Oasis Development Enterprises, Inc. in a managerial capacity equivalent to that of a managing director.”

Stephen Ormsby Gallagher, II

United States Bankruptcy Court, D. Maryland · Apr 15, 2024

A factual finding is clearly erroneous if “the reviewing court on the entire evidence is left with a firm and definite conviction that a mistake has been committed.” Vancamp, 652 B.R. at 241 (quoting United States v. … Antonelli Creditors’ Liquidating Tr., 123 F.3d 777, 786 (4th Cir. 1997) (holding state may raise sovereign immunity argument for the first time on appeal from the bankruptcy court only “because that immunity has jurisdictional

Ball v. Soundview Composite Ltd. (In re Soundview Elite Ltd.)

543 B.R. 78 · United States Bankruptcy Court, S.D. New York · Jan 4, 2016

In -light of Solon’s change in status, the June 2013 Midanek Letter cannot qualify as an admission, and it will be excluded and not relied upon by the Court on this motion. 8. … Hereafter, instead of accompanying "shareholder” with the qualifier "with an economic interest” every time, the Court will simply refer to Elite' as Composite's only shareholder. .'

Rainsdon v. Gearheart

United States Bankruptcy Court, D. Idaho · Jul 30, 2021

The record clearly establishes the existence of the oral life estate and that it had value to Debtor. … In order to invoke the doctrine of part-performance, (1) the underlying agreement must be clearly established, and (2) the partial performance must be sufficient, shown by clear and convincing evidence, and directly referable

Paradigm Air Carriers, Inc. v. Texas Rangers Baseball Partners (In re Texas Rangers Baseball Partners)

521 B.R. 134 · United States Bankruptcy Court, N.D. Texas · Oct 10, 2014

Unfortunately, the Fifth Circuit authority does not, in this court’s estimation, clearly provide an answer. … The court believes that all of the undisputed facts establish the four traditional elements of equitable estoppel: (1) TRBP was aware of the facts, (2) TRBP intended its act or omission to be acted upon, (3) Paradigm did

Xu v. Nasser

United States Bankruptcy Court, E.D. Michigan · Aug 15, 2025

In the absence of language in the statute clearly establishing an express or technical trust,7 no such trust exists. See Siu Reis v. Terrell (In re Terrell), 2018 WL 2138260, at *3 (Bankr. E.D. Mich. … The Court concludes that the cited provisions of the Michigan Occupational Code do not establish an express or technical trust.

Kelley v. McCormack (In re Mitchell)

548 B.R. 862 · United States Bankruptcy Court, M.D. Georgia · Mar 23, 2016

The cases cited by the Defendant establish that under Georgia law, where an agreement for the sale of land contains covenants that are clearly intended to occur after the execution of a deed contemplated thereby, such contractual … This is established law in the Eleventh Circuit.

Bavelis v. Doukas (In Re Bavelis)

453 B.R. 832 · United States Bankruptcy Court, S.D. Ohio · May 31, 2011

Thus, the Southern District of Ohio clearly is convenient for him. … It is true that a person may have more than one residence, see Miller, 433 B.R. at 212 , but the phrase "longer than” used in 28 U.S.C. § 1408 (1) means that "only one such residence may qualify for the purpose of establishing

In Re Dorn

167 B.R. 860 · United States Bankruptcy Court, S.D. Ohio · Jun 10, 1994

To hold otherwise would be tantamount to concluding that trustees must be attorneys, which is clearly not the case. See, 28 CFR § 68.3 . … The very quality, however, which makes the attorney particularly qualified to act as trustee, unfortunately beclouds the matter of compensation. In re Red Cross Hospital Assoc., Inc., 18 B.R. 593, 594 (Bankr.