Case law

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.

Khatib v. Sun-Times Media Group, Inc. (In re Chicago Newspaper Liquidation Corp.)

490 B.R. 487 · United States Bankruptcy Court, D. Delaware · Apr 3, 2013

What qualifies as proper notice, however, is dependent upon whether the creditor is known or unknown. … Not only is the Certificate for a work bearing a different name than that which is the subject of Plaintiff's complaint, the Certificate is clearly limited to those aspects of the work in which the copyright law affords protection

Neria v. Wells Fargo Bank, N.A.

United States Bankruptcy Court, N.D. Texas · Apr 5, 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,111 the testimony did not establish that they were related to Wells Fargo’s responses to qualified written requests.

Gordon v. WELLS FARGO BANK, N.A.

United States Bankruptcy Court, N.D. Georgia · Sep 29, 2020

Second, the Junior Security Deed itself clearly shows that Debtor executed the document, as her initials appear on each page, her signature is affixed below a sentence stating that “BY SIGNING THE NEXT PAGE, Borrower … Here, Wells Fargo does not enjoy the benefits of sovereign immunity, and, therefore, an award of punitive damages under § 105(a) is permissible. See id. at 1554.

Arab Monetary Fund v. JHH Canadian Capital Corp.

356 B.R. 728 · United States Bankruptcy Court, D. Arizona · Jan 3, 2007

King et al., 573 F.2d 669 (10th Cir.1978), is again a diversity case applying Colorado law that states clearly, “fraud must be established by clear and convincing evidence.” Id. at 673. … Although he admitted the documents he reviewed did not establish that fact, it had been previously found by Justice Chadwick and thus will be taken as established for the purposes of this case.

MedSci Diagnostics, Inc. v. State Insurance Fund Corp., through its Administrator Zoime Alvarez Rubio, et als

United States Bankruptcy Court, D. Puerto Rico · Nov 24, 2010

The court 7 denies the request to dismiss the complaint on sovereign immunity grounds for the reasons stated 8 in open court. 3. … Clearly, these contractual provisions contemplate that the professional services to be 20 || rendered by MEDSCI to the SIF will be done through duly licensed professionals and not by the 91 || corporation as a corporation

National Hydro-Vac Industrial Services, L.L.C. v. Federal Signal Corp. (In Re National Hydro-Vac Industrial Services, L.L.C.)

314 B.R. 753 · United States Bankruptcy Court, E.D. Arkansas · Jun 15, 2004

The two units sold to Vac-Tech qualify as “goods” under the statute. … CONVERSION OF THIRD UNIT However, the facts regarding the third unit sold to Ace clearly support the conclusion that Guzzler committed the tort of conversion.

Ackerman v. Pilipiak (In Re Marine Risks, Inc.)

441 B.R. 181 · United States Bankruptcy Court, E.D. New York · Aug 24, 2010

Neither the NHM nor the Cosmos venture satisfies the “tangible expectancy” test set forth above, and therefore neither venture qualifies as a corporate opportunity. … They clearly did not and the Trustee has failed to establish a prima facie cause of action set forth in the second count, as amended. (2) The Defendant Did Not Usurp Any Corporate Benefit Represented by Either the NHM Venture

In Re Vernon-Williams

343 B.R. 766 · United States Bankruptcy Court, E.D. Virginia · Apr 27, 2006

He was actually a very qualified engineer.” Tr. at 202. … The Court can only award costs to items it can clearly decipher.

Lehman Bros. Special Financing Inc. v. Bank of America National Ass'n (In re Lehman Bros. Holdings Inc.)

553 B.R. 476 · United States Bankruptcy Court, S.D. New York · Jul 8, 2016

Had the proceeds from the Collateral been sufficient to make a distribution to LBSF under the Waterfall, that distribution would clearly have been made as part of the liquidation of the Swaps. … The calculation method simply establishes the amount of an obligation;' it does not .create or affect in any way a right to payment of that obligation. .

Rent-Rite Superkegs W., Ltd. v. World Bus. Lenders, LLC (In re Rent-Rite Superkegs W., Ltd.)

603 B.R. 41 · United States Bankruptcy Court, D. Colorado · May 20, 2019

Clearly, Wisconsin and Colorado have contrary or different policies: Colorado has intervened in the market to establish a 45% interest cap on commercial transactions; Wisconsin has taken a hands-off approach, allowing corporations … But, surely, not every Colorado statute qualifies as a fundamental policy of Colorado. Continental Mortg.

O'Cheskey v. Koehler (In re American Housing Foundation)

499 B.R. 517 · United States Bankruptcy Court, N.D. Texas · Sep 30, 2013

Larry Bunn testified that the partnerships were originally created for the purpose of purchasing properties that could potentially qualify for low-income housing tax credits. … The Koehler Related Parties clearly struggled with how to characterize their claims. They did not file claims based on tort theories of recovery. 88.

Giuliano v. Schnabel (In re DSI Renal Holdings, LLC)

574 B.R. 446 · United States Bankruptcy Court, D. Delaware · Jul 20, 2017

Compl. ¶ 79. • An excerpt of an email sent by an officer of the NML Defendants dated July 27, 2010, within six months of the restructuring, describes an offer of $650 million for the company as “clearly too low.” … motion to dismiss all breach of fiduciary duty counts, stating: At this stage of the case, the court is reluctant to conclude that because the defendants structured the set of transactions in a certain manner, they are immune

In Re Sullivan

370 B.R. 314 · United States Bankruptcy Court, D. Montana · Jun 27, 2007

Thus, Kelly did not establish an absolute, per se rule. … Thus, it is clearly evident that Debtors have overestimated the adjustment to which they may be entitled on Form B22A.

Law Firm of Morgan v. LeRoy (In Re LeRoy)

251 B.R. 490 · United States Bankruptcy Court, N.D. Illinois · Jul 13, 2000

To establish that a debt is nondischargeable for reasons of fraud or defalcation while acting in a fiduciary capacity, the Law Firm must establish, by a preponderance of the evidence, the existence of an express trust or … To qualify under § 523(a)(4), a fiduciary relation must have *500 an existence independent of a debtor’s wrongdoing.

Gateway Radiology Consultants P.A. v. Carranza, in Her Capacity as Admin fo the U.S. Sma

United States Bankruptcy Court, M.D. Florida · Jun 8, 2020

body of law as its body of precedent, and if so, effective as of its coming into existence, what established body of law will be chosen. … Even though the Affordable Care Act limited tax credits to insurance plans bought through an exchange “established by the state,” the IRS interpreted “an exchange established by the state” to mean an exchange established

In re Cummings

523 B.R. 93 · United States Bankruptcy Court, W.D. Michigan · Dec 12, 2014

that “a smooth transition occur and that all properties delivered and/or received by each party are in working condition, and in the same condition that existed at the time of separation ... in order for the parties to qualify … The court disagrees, and finds that the payments required under the Mediation Award and especially the Support Order are clearly contingent upon future events.

Katz v. Wells (In Re Wallace's Bookstores, Inc.)

316 B.R. 254 · United States Bankruptcy Court, E.D. Kentucky · Mar 31, 2004

This argument fails because, as noted above, § 547(c)(2) is clearly framed in the conjunctive. … Schigel expressed an opinion that a portion (some portion of 25% of 37%) of the (unspecified) loan transactions he reviewed involved late payments, even if he could render a qualified opinion as to the ordinariness of late

In Re Orsa Associates, Inc.

106 B.R. 418 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 25, 1989

We therefore conclude that the Deeds of Trust establish mortgages against the Debtors’ respective properties. … Therefore, MBA’s claim against Orsa is clearly totally unsecured.

Matter of Kero-Sun, Inc.

58 B.R. 770 · United States Bankruptcy Court, D. Connecticut · Mar 12, 1986

Testimony later established that the $62,572.20 acknowledged in the affidavit came from a Kero-Sun subsidiary and not the debtor. III. … The memorandum states that for the court “to apply [§ 329(a) ], nonetheless, in a blanket fashion to circumstances not addressed by Congress so as to deprive counsel of compensation to which it is otherwise clearly entitled