Case law

In Re Johnson County Gas Co., Inc.

30 B.R. 690 · United States Bankruptcy Court, E.D. Kentucky · Jun 13, 1983

Clearly, 28 U.S.C. § 1471 (b) was intended to override the anachronistic exclusivity provision in 28 U.S.C. § 1334 . … He emphasized the failure of the bankruptcy court to qualify as an “adjunct” of the district court by consistently placing the word “adjunct” in quotation marks.

In Re Pan American Hospital Corp.

364 B.R. 839 · United States Bankruptcy Court, S.D. Florida. · Feb 27, 2007

CONCLUSION If a patient was improperly treated pre-petition, and the patient either fully recovered or died pre-petition, then all claims would clearly be pre-petition claims. … The Court believes the ease law relies on the parties’ relationship and the act of causation in establishing the nature of a claim in bankruptcy.

In Re Adelphia Communications Corp.

441 B.R. 6 · United States Bankruptcy Court, S.D. New York · Nov 18, 2010

Myers Noteholders' entitlement to fees, which is otherwise uncontroversial, has been satisfactorily established. 4 . … Co., 547 U.S. 651, 655 , 126 S.Ct. 2105 , 165 L.Ed.2d 110 (2006) ("preferential treatment of a class *13 of creditors is in order only when clearly authorized by Congress”).

Petition of Tam

170 B.R. 838 · United States Bankruptcy Court, S.D. New York · Aug 22, 1994

Among the defenses to the Amended § 304 Petition asserted by Hunnewell were that the voluntary winding up does not qualify as a “foreign proceeding” for purposes of § 304 and that the liquidators had denied him any information … As such, the Cayman Liquidation is clearly distinguishable from those cases involving non-judicial liquidations in which § 304 relief, or its equivalent, has *844 been granted. 9 We find that it is not a “foreign proceeding

In Re NextWave Personal Communications Inc.

244 B.R. 253 · United States Bankruptcy Court, S.D. New York · Jan 31, 2000

The January 12 Declaration recites “delinquencies” in payment more than 90 days from July 31, 1998, delinquencies clearly falling within the post-petition period and clearly arising from the January 3, 1997 Notes. … All parties in interest, including the FCC, conducted themselves in a way which clearly demonstrated rebanee upon these assumptions.

Hill v. Portillo

United States Bankruptcy Court, D. Colorado · Jun 17, 2022

The principal issue addressed in Continental Coin was whether the Chapter 11 trustee was immune. … The Continental Coin holding on immunity does not squarely align with Tenth Circuit precedent on bankruptcy trustee liability and immunity. Sherr v. Winkler, 552 F.2d 1367 (10th Cir.1977).

May v. Midland Funding, LLC (In re May)

591 B.R. 712 · United States Bankruptcy Court, E.D. Arkansas · Oct 3, 2018

Clearly stated, the Purchase Agreement contemplates the transfer of both the account itself and the associated receivable, not just the receivable. … Further, account servicing is clearly delineated between the parties pre- and post-transfer, in the Purchase Agreement.

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.

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · Feb 7, 2023

He also says that other documents produced were clearly not originals, seeming to be copies of copies. Id. … An exception to the broad immunity provided by the Florida litigation privilege occurs when the application of the privilege “would eviscerate [a] long-established cause of action.” See Debrincat v.

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 Bfw Liquidation, LLC

459 B.R. 757 · United States Bankruptcy Court, N.D. Alabama · Sep 28, 2011

Indeed, the statutes which establish and impose liability on employers for withdrawal liability mandate that course of action. 29 U.S.C. § 1401 (a)(1). … alternative to the courts for establishing withdrawal liability.

In re Irish Bank Resolution Corp.

559 B.R. 627 · United States Bankruptcy Court, D. Delaware · Nov 7, 2016

Therefore, the Turnover Motion runs afoul of the SCA unless the Foreign Rep-resentatives’ demand qualifies for one of the exceptions set forth by the statute. *649 ii. … Accordingly, the California Court of Ap-peal emphasized that nothing "in the lan-guage of the [SCA] suggesting that Congress intended to grant service providers a blanket immunity from obligations imposed by dis-covery laws

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.

Wharton v. Shiver (In Re Shiver)

396 B.R. 110 · United States Bankruptcy Court, S.D. New York · Nov 5, 2008

The elements of a § 523(a)(2)(A) fraud claim are well established. … Haydu, 637 F.2d 391, 397 (5th Cir.1981) ("Under Florida law, a judgment is deserving of res judicata or collateral estoppel effect only if it qualifies as a final judgment.

North Shore Bank, a Co-Operative Bank v. Bona

United States Bankruptcy Court, D. Massachusetts · Nov 6, 2019

In Count II, the Bank states that the Debtor misrepresented the status of his unsecured debts and engaged in “other conduct” in order to qualify for a loan with the intent to deceive the Bank. … ing] to his duties of protecting the business as a going concern and protecting the assets of [the debtor] to maximize their value for the benefit of creditors” were protected by litigation privilege and quasi-judicial immunity

Home & Hearth Plano Parkway, L.P. v. Lasalle Bank, N.A. (In Re Home & Hearth Plano Parkway, L.P.)

320 B.R. 596 · United States Bankruptcy Court, N.D. Texas · Dec 15, 2004

Thus, according to the Debtor, the foreclosure sale clearly generated proceeds in excess of LaSalle’s allowed claim, since LaSalle bid more than that claim amount at the sale. … A natural reading of this sentence leads to the conclusion that the word "debt” qualifies the phrase which permits a credit against the net sales price, and does not qualify the phrase which permits LaSalle to bid for the

Lee Alexander Bressler - Adversary Proceeding

United States Bankruptcy Court, S.D. New York · Apr 29, 2020

The evidence clearly establishes that the Debtor failed to disclose his ownership interests, as described above. … The evidence clearly establishes that (i) the debtor knowingly and fraudulently; (ii) withheld from the Trustee recorded information, including books, documents, records and papers relating to the debtor’s property or financial

Lee Alexander Bressler

United States Bankruptcy Court, S.D. New York · Apr 29, 2020

The evidence clearly establishes that the Debtor failed to disclose his ownership interests, as described above. … The evidence clearly establishes that (i) the debtor knowingly and fraudulently; (ii) withheld from the Trustee recorded information, including books, documents, records and papers relating to the debtor’s property or financial

In re Mushroom Transportation Co.

486 B.R. 148 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 17, 2013

Additionally, the party must establish that the injury “fairly can be traced to the challenged action and is likely to be redressed by a favorable decision.” Id. … At the time Pincus filed its objection to Jennings’s fee application, it clearly had standing to object.

In Re Nartron Corp.

330 B.R. 573 · United States Bankruptcy Court, W.D. Michigan · Aug 26, 2005

Not to mention, the UST Operating Instructions clearly state: If. … Likewise, the UST Operating Instructions clearly state: le.