Case law

Endeavour GP, LLC v. Endeavour Highrise, L.P. (In Re Endeavour Highrise, L.P.)

432 B.R. 583 · United States Bankruptcy Court, S.D. Texas · Jul 13, 2010

The court did not engage in any additional analysis as the express terms of the agreement clearly mandated the result reached by the trial court. Id. … This factor would seem to indicate that custodial accounts are even less likely than trusts to qualify for legal entity status.

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

California Canners & Growers v. Bank of America, N.T. & S.A. (In Re California Canners & Growers)

74 B.R. 336 · United States Bankruptcy Court, N.D. California · May 27, 1987

Debtor clearly contemplated asserting claims against the banks long before it filed the complaint. … These acts of McCutchen, Cap-pello, and Casazza clearly violate the California Rules of Professional Conduct.

Global Crossing v. Alta Partners Holdings LDC (In Re Global Crossing Ltd.)

385 B.R. 52 · United States Bankruptcy Court, S.D. New York · Apr 8, 2008

Nor had even the existence of any other prospective defendants in these actions (much less their actual identities) yet been established. … While this is not identical to a case where “John Doe” in the caption is clearly a placeholder for an unknown defendant (here, plaintiff named Cede specifically), the important point is that plaintiff lacked information about

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.

Norm Gershman's Things to Wear, Inc. v. Peterson (In Re Peterson)

332 B.R. 678 · United States Bankruptcy Court, D. Delaware · Nov 15, 2005

A “knowing breach of contract” could also qualify. A construction so broad would be incompatible with the “well-known” guide that exceptions to discharge “should be confined to those plainly expressed.” Kawaauhau v. … Thus, not only does the Court of Common Pleas’ determination of breach of contract have no preclusive effect, but such conduct clearly does not fall within the definition of willful and malicious. Id.

Fiala v. Lindemann (In Re Lindemann)

375 B.R. 450 · United States Bankruptcy Court, N.D. Illinois · Sep 20, 2007

Third, the Plaintiff must establish that the Debtor knowingly made a false statement or omission. … Thus, because the Plaintiff has failed to establish that the Debtor made a false statement, the Plaintiff cannot establish the Debtor had fraudulent intent.

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 Lund

187 B.R. 245 · United States Bankruptcy Court, N.D. Illinois · Sep 7, 1995

That principle of cost-benefit analysis bears consideration when applying § 506(b), which expressly qualifies and limits by reasonableness the fees allowed to oversecured creditors. … Clearly, the claim arose prepetition. The Debtor's nonpayment of the demanded assessments, late charges, fees, and expenses began years prior to the bankruptcy case.

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.

Gallo v. Herpich (In Re Cemetery Development Corp.)

59 B.R. 115 · United States Bankruptcy Court, M.D. Louisiana · Mar 19, 1986

As everyone knows by this time, § 1334 is a hard fought, years delayed Congressional compromise following the declaration by the United States Supreme Court in 1982 that the jurisdictional scheme established in the Bankruptcy … Consequently, the proceeding does not qualify under the second test as the type of proceeding that a bankruptcy judge may determine without consent of the parties; it is not a core proceeding.

In Re Carlson

189 B.R. 454 · United States Bankruptcy Court, N.D. Illinois · Dec 5, 1995

United States, 602 F.2d 734, 739 (6th Cir.1979), which held a District Court’s invocation of equity to reduce interest owing under § 6601 to be “clearly erroneous,” and United States v. … To qualify for "independent contractor" tax treatment the taxpayer has to show (1) it did not treat the workers as employees for employment tax purposes; (2) all federal tax returns for periods after 1978 (including informational

Benz v. Lovett (In Re Schwen's, Inc.)

19 B.R. 681 · United States Bankruptcy Court, D. Minnesota · Sep 30, 1981

If that were a fact, Benz could have established it by testimony. … The burden of proof is upon Benz to- establish the values on those two dates.

In Re Fauntleroy

311 B.R. 730 · United States Bankruptcy Court, E.D. North Carolina · Jun 14, 2004

In this circuit, the court follows the precedent established by the Fourth Circuit in In re Green, 934 F.2d 568 (4th Cir.1991). … These factors are so clearly evident that the court finds the debtor’s chapter 7 case was not filed in good faith.

Atlas MacHine & Iron Works, Inc. v. Bethlehem Steel Corp. (In Re Atlas MacHine & Iron Works, Inc.)

239 B.R. 322 · United States Bankruptcy Court, E.D. Virginia · Aug 3, 1998

The arrow of time, immune to the Bankruptcy Code’s automatic stay provisions, is the critical variable in this case. Time does not stand still for legal processes. … The federal statute is unambiguous that a “willful violation” must exist and the Fourth Circuit has clearly defined this as an intentional act with knowledge of the bankruptcy petition. See United States v.

In re John Q. Hammons Fall 2006, LLC

600 B.R. 436 · United States Bankruptcy Court, D. Kansas · Mar 8, 2019

Under these circumstances, settlement and the sale of Debtors' assets through a creditor plan were clearly capable of anticipation. … Even if UBS and the Trust did not actually anticipate those developments when they executed the Agreement, that lack of anticipation does not establish grounds for disturbing UBS's pre-approved fee award.

DRIVETRAIN, LLC, IN ITS CAPACITY AS TRUSTEE OF THE SUNEDISON LITIGATION TRUST v. EXPEDITORS INTERNATIONAL, EXPEDITORS INTERNATIONAL INC., EXPEDITORS INTERNATIONAL OF WASHINGTON, INC., AND EXPEDITORS INTERNATIONAL (UK) LTD.

United States Bankruptcy Court, S.D. New York · Jul 31, 2026

Clearly, paragraph 4 of the order empowered the Debtors to make payments to the lien claimants in exchange for continued service based on terms agreed to by both parties. … Norton, 70 U.S. 257, 262 (1865) (“Maritime liens are not established by the agreement of the parties....

Ginger Sirikanjanachai

United States Bankruptcy Court, D. Massachusetts · Jan 3, 2020

The present motion does not clearly identify (i) the property in question, (ii)  the judicial lien that allegedly impairs it, and (iii) the exemption under which she contends that she could  claim the property as exempt.  … Original Motion on several grounds, among them (i)  that “[t]he Debtor’s assertion that this $55,000 was somehow derived from the sale of her residence at  23 Ridgewood Crossing in Hingham (as it would have to be, in order to qualify

In Re Parkview Hospital-Osteopathic Medical Center

211 B.R. 603 · United States Bankruptcy Court, N.D. Ohio · May 2, 1997

These charges were clearly not incurred by the estate as mandated by Section 503(b)(l)(B)(i). Northeastern Ohio, 126 B.R. at 515 . … If found to be such, these taxes would clearly be the result of transactions of the debtor in possession.