Case law

SmartSky Networks, LLC v. Gross

United States Bankruptcy Court, E.D. North Carolina · Jun 13, 2024

A finding of fact is clearly erroneous, 7 Internal citations and quotation marks are omitted from all citations unless otherwise specified. … Debtor does not attempt to establish any fundamental error within the meaning of this standard.

Timothy Thomas McCallan

United States Bankruptcy Court, M.D. Alabama · May 7, 2021

The effect of an exemption is that “[p]roperty that is properly exempted under § 522 is (with some exceptions) immunized against liability for prebankruptcy debts.” Owen, 500 U.S. at 308. … at 308 (“No property can be exempted (and thereby immunized), however, unless it first falls within the bankruptcy estate.

In re Gordon

484 B.R. 811 · United States Bankruptcy Court, N.D. Oklahoma · Jan 4, 2013

Upon forfeiture, such proceeds will be distributed to victims who qualify under the remission regulations (28 C.F.R. part 9.8). 15 The assignment language reads as follows: By checking this box, I (we) assign my (our) claims … In affirming the bankruptcy court’s finding that the trustee had standing to assert the assigned claims notwithstanding the state law prohibition, the district court found the resolution was neither clearly erroneous nor

Baker v. Friedman (In Re Friedman)

298 B.R. 487 · United States Bankruptcy Court, D. Massachusetts · Sep 11, 2003

With respect to Frain’s conduct, it stated that his superior knowledge of day-to-day operations was insufficient in itself to establish a position of ascendancy. … The Supreme Court as well as Massachusetts common law clearly evince an intent that partners act as trustees for the benefit of each other with respect to the trust res which consists of the partnership assets.

David Mark Spencer and Ylva Sofi Rogler

United States Bankruptcy Court, N.D. Ohio · Nov 14, 2020

Debtors argue that the entire Claim is contingent because liability has not yet been established in the State Court case. … However, a debt does not qualify as contingent merely because the debtor disputes liability or has counterclaims or defenses to the underlying claim. See, e.g., In re Clark, 91 B.R. 570, 575 (Bankr. D.

Gyncor, Inc. v. Healthshield Capital Corp. (In Re Gyncor, Inc.)

251 B.R. 344 · United States Bankruptcy Court, N.D. Illinois · Jul 27, 2000

It is a well established that parties cannot, by agreement, confer subject matter jurisdiction upon a court. 10 Insurance Corp. of Ireland, Ltd. v. … His purchase of the cause of action made the parties diverse and qualified the case for federal jurisdiction.

Enterprise National Bank of Atlanta v. Jones (In Re Jones)

197 B.R. 949 · United States Bankruptcy Court, M.D. Georgia · May 13, 1996

Any ‘deliberate, clear and unequivocal’ statement, either written or oral, made in the course of judicial proceedings qualifies as a judicial admission.” Gowan v. … This was clearly not the case of a close relationship or personal friendship.

In Re Avon Townhomes Venture

433 B.R. 269 · United States Bankruptcy Court, N.D. California · Jul 3, 2010

Lujano could qualify for a larger loan to purchase property from Avon, which was controlled by Joey's father, Mr. Guerra, Mr. … Guerra was clearly and intimately involved and interested in Me-tricz and the Property. 92 .

Nathan v. Cavendish

United States Bankruptcy Court, E.D. Michigan · Nov 14, 2019

Second, the allegations in the Motion do not establish excusable neglect under Fed. R. Civ. P. 60(b)(1), Fed. R. Bankr. … That is incorrect — the Adversary Proceeding Scheduling Order, entered on April 1, 2019, clearly scheduled the final pretrial conference for September 9, 2019 at 9:00 a.m. September 24, 2019 was the trial date.

Neria v. Wells Fargo Bank, N.A.

United States Bankruptcy Court, N.D. Texas · Nov 28, 2022

Most significantly, the Order on TRCC ultimately changed the Debtor’s plan to clearly establish that it was a “cure-and-maintain” plan. … While both types of damages could conceivably be actual damages under RESPA,112 the testimony did not establish that they were related to Wells Fargo’s responses to qualified written requests.

Kaler v. Olmstead (In Re Olmstead)

220 B.R. 986 · United States Bankruptcy Court, D. North Dakota · Jan 16, 1998

The standard necessary to establish the elements under a revocation action is that of a preponderance of the evidence. Kaler v. … Pamela’s Income In her schedules, Pamela stated that she earned $800.00 in net monthly income from Drees. 17 However, the evidence clearly demonstrates that Pamela never earned as little as $800.00 in net income in any month

In Re. General Growth Properties, Inc.

409 B.R. 43 · United States Bankruptcy Court, S.D. New York · Aug 11, 2009

In a typical CMBS transaction, multiple mortgages are sold to a trust qualified as a real estate mortgage conduit (“REMIC”) for tax purposes. … The Court found that it was “clearly sound business practice for [the parent] to seek Chapter 11 protection for its wholly-owned subsidiaries when those subsidiaries were crucial to its own reorganization plan.” Id.

Bachrach Clothing, Inc. v. Bachrach (In re Bachrach Clothing, Inc.)

480 B.R. 820 · United States Bankruptcy Court, N.D. Illinois · Oct 10, 2012

There the court held that the State of Mississippi relinquished any right of sovereign immunity by filing a proof of claim even where that proof of claim stated that the State “reserved” state sovereign immunity. … His report clearly relies on the combined actions of Sellers and Sun.

Rosa v. WELLS FARGO

United States Bankruptcy Court, D. New Jersey · Sep 11, 2020

It did not contain any qualifying language that it was seeking partial relief as to only a portion of the adversary complaint. … Finally, Rosa cannot establish a claim under § 1024.36 because she cannot establish damages caused by any purported violation of that regulation.

In Re James

414 B.R. 901 · United States Bankruptcy Court, S.D. Georgia · Sep 5, 2008

There is no bright-line rule establishing what is “meaningful.” See In re Behlke, 358 F.3d at 438 . … Section 101(10A) clearly indicates that the term current monthly income is the average of the debtor’s income for the six months preceding the date of the petition.

Mayer v. United States (In Re Reasonover)

236 B.R. 219 · United States Bankruptcy Court, E.D. Virginia · Jun 3, 1999

Furthermore, it is well established in Virginia that a bona fide purchaser takes property free of any latent equity against it. See, e.g., Snyder v. … However, § 541(d) in its present form betrays no evidence of drafting errors. 9 .Such conveyance was clearly a "transfer,” as was Mr.

Matter of Baldwin-United Corp.

79 B.R. 321 · United States Bankruptcy Court, S.D. Ohio · Oct 16, 1987

The time he spent merely as a second representative clearly would not be reimburse-able. … Be that as it may, the evidence establishes that zero coupon bonds are hardly a unique concept.

Bass v. Tiscareno (In re Tiscareno)

551 B.R. 1 · United States Bankruptcy Court, N.D. California · May 11, 2016

No evidence was introduced establishing what portion of these sanctions belonged to Zimmerman. Accordingly, Zimmerman has not established a non-dischargeable claim for relief under § 523(a)(6). … This statement therefore qualifies as libel per se. “If ... a reader would perceive a defamatory meaning without extrinsic aid beyond his or her own intelligence and common sense, then ... there is libel per se.

In re 804 Congress, L.L.C.

529 B.R. 213 · United States Bankruptcy Court, W.D. Texas · Mar 13, 2015

502(b)(1) should be interpreted “with the settled principle that ‘[cjreditors’ entitlements in bankruptcy arise in the first instance from the underlying substantive law creating the debtor’s obligation, subject to any qualifying … The highlighted language clearly refers to the lack of evidence submitted by Wells Fargo, but could not apply to Goldsby, as she did introduce substantial evidence in support of her claim. .

In Re Rangel

408 B.R. 650 · United States Bankruptcy Court, S.D. Texas · May 29, 2009

This document clearly notified Meza that U.S. Bank National Association (the lender for whom ASC acts as servicer) had elected to accelerate the debt. … However, unlike the lender in the Meza case, Wells Fargo has adduced no evidence to establish that it provided the Gilbreaths with notice of acceleration.