Case law

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 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.

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

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.

In Re Applied Safety, Inc.

200 B.R. 576 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 13, 1996

Breed’s rights are clearly not affected by the timing or manner of payment to administrative creditors. … The propriety of establishing such a delayed effective date is highly questionable.

Cooper v. BB Syndication Services, Inc. (In Re 222 South Caldwell Street, Ltd. Partnership)

409 B.R. 770 · United States Bankruptcy Court, W.D. North Carolina · Jun 22, 2009

Clearly, a substantial portion of the matters raised in the adversary proceeding will have to be resolved in bankruptcy court. … First, the mere furnishing of material samples for the sales center does not qualify as an improvement of the Project.

Jackson v. Jackson (In re Jackson)

548 B.R. 353 · United States Bankruptcy Court, N.D. Georgia · Apr 11, 2016

At best, the Plaintiffs have established nothing more than their disagreement with the statements the Debtor made. … The debtor clearly thinks he owns this property.

AG New Mexico, FCS, ACA v. Borges (In re Borges)

485 B.R. 743 · United States Bankruptcy Court, D. New Mexico · Dec 31, 2012

Borges dated March 13 and hand-delivered to her that morning clearly stated otherwise. … Clearly Mr.

Bank of America, N.A. v. Welsh (In re Welsh)

539 B.R. 713 · United States Bankruptcy Court, D. Delaware · Oct 1, 2015

The movant bears the burden of establishing the absence of a genuine dispute as *717 to a material fact. … After the movant has made the requisite showing, the burden shifts to the non-movant to establish that summary judgment is not warranted.

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.

Pereira v. Binet (In Re Harvard Knitwear, Inc.)

153 B.R. 617 · United States Bankruptcy Court, E.D. New York · Apr 27, 1993

He has since qualified and is acting as their permanent Chapter 7 Trustee. … The Complaint alleges that “special” accounts were established in the name of CAY from which monies were loaned to Harvard. Complaint 1168.

In Re General Motors Corp.

407 B.R. 463 · United States Bankruptcy Court, S.D. New York · Jul 5, 2009

Turning beyond textual analysis to the caselaw, the Court has seen nothing to establish a violation of law. … Parker does not establish the injury-in-fact necessary to establish constitutional standing under Article III because “all holders of unsecured claims are receiving no less than what they would receive in a liquidation.”

In Re Enron Corp.

300 B.R. 201 · United States Bankruptcy Court, S.D. New York · Oct 21, 2003

The claimant has the burden of establishing entitlement to the priority. Drexel, 134 B.R. at 489 . B. Employment Agreement i. … The Termination Payment clearly falls within the parameters of a released claim.

Gluck v. Seaboard Surety Co. (In Re Eastern Freight Ways, Inc.)

9 B.R. 653 · United States Bankruptcy Court, S.D. New York · Feb 19, 1981

Accordingly, Chase says that summary judgment is clearly appropriate for interpretation of the language contracting parties write is a purely legal issue in light of acknowledged principles such as that recited in Venizelos … The letter of credit, unlike a guaranty, creates a primary obligation on the part of the issuer, not qualified by or dependent on performance by anyone else and whose obligation is exclusively defined by the credit.

Geriatric Facilities of Cape Cod, Inc. v. Georges

United States Bankruptcy Court, D. Massachusetts · Jun 22, 2021

Georges never qualified for Medicaid, Pleasant Bay’s claim was based on full private-pay rates. In July of 2016, Mr. Georges and Pleasant Bay settled the litigation with Mr. … An express trust requires “an explicit declaration of trust, a clearly defined trust res, and an intent to create a trust relationship,” while a technical trust comes from statute or common law.

In Re DePugh

409 B.R. 84 · United States Bankruptcy Court, S.D. Texas · Jun 26, 2009

The inevitable result of the disallowance of LVNV amendments is that LVNV’s original proofs of claim must, alone, be sufficient to establish the validity of its claims. This is clearly not the case. … Consultants, Inc., 376 F.3d 317 , 322 n. 9 (5th Cir.2004) (determining that certain affidavits were hearsay and did not qualify for any exception under Fed. R.Evid. 803 or 804).

Mickelson v. Anderson (In Re Anderson)

31 B.R. 635 · United States Bankruptcy Court, D. Minnesota · Mar 23, 1982

Accordingly the ability to repay was equally dependent upon ability to qualify the limited partnership investment offerings and ability to sell them when qualified. 2. … Lines of credit were established at $1,250,000.00 for secured loans and $750,-000.00 for unsecured advances.

In Re Gossett

23 A.L.R. Fed. 2d 751 · United States Bankruptcy Court, N.D. Illinois · Apr 24, 2007

Congress easily could have added the additional phrase “at any time, including the dale of filing” to qualify the last pertinent part of § 109(h)(1), and avoid recourse to the Rule, but did not. … Hence, the Debtor has not established this final element. For all of these reasons, the Court denies the Debtor’s motion for sanctions. C.

Deloycheet, Inc. v. Beach (In re Beach)

570 B.R. 300 · United States Bankruptcy Court, D. Alaska · Apr 7, 2017

materially adverse facts that should be considered. 173 “A representation stating *328 the truth so far as it goes but which the maker knows or believes to be materially misleading because of his failure to state additional or qualifying … Roughly a month before his resignation and the proposed loan, Beach clearly misrepresented the fundamental precepts of that transaction for his family’s benefit.

Ardent Harmony Fund Inc. v. Nancy Marie Barrick

United States Bankruptcy Court, E.D. New York · Jan 12, 2023

swears are based on “my personal knowledge, including my due diligence of documents and information in the hands of Plaintiffs, and without intention, authorization, or effect of waiving or compromising any privilege or immunity … estoppel is an equitable doctrine premised on notions of due process, fairness, finality of judgments, and conservation of court and litigant resources, and—when properly invoked—prevents a party from relitigating an issue clearly