Case law

Enron Corp. v. Arora (In Re Enron Corp.)

317 B.R. 629 · United States Bankruptcy Court, S.D. New York · Dec 13, 2004

Certain qualified executive employees (known as “Top-Hat” employees) of Enron or its affiliates were permitted under the Deferral Plans to defer current earnings and, thereby, defer taxes on the amounts deferred. … (In re Bennett Funding Group, Inc.), 259 B.R. 243 (N.D.N.Y.2001), as follows: [W]hen a party seeks to transfer on account of the convenience of witnesses under § 1404(a), he must clearly specify the key witnesses to be called

Hosking v. TPG Capital Management, L.P. (In re Hellas Telecommunications (Luxembourg) II SCA)

555 B.R. 323 · United States Bankruptcy Court, S.D. New York · Aug 22, 2016

(Id. at 3.) *340 Moreover, the Plaintiffs argue that there are no grounds to conclude that this Court is less qualified than a U.K. court to understand the Luxembourg panel’s decision. (Id. at 18.) … July 24, 1996) (stating that the time constraints established by Fed. R. Civ.

In Re Kyllonen

264 B.R. 17 · United States Bankruptcy Court, D. Minnesota · Jun 22, 2001

She clearly has had full time work in those companies, or more recently at Burlington Coat Factory. … As a threshold matter, a “debtor must ‘own and occupy’ a home upon the land to qualify for a homestead exemption.” In re Stenzel, 259 B.R. at 144 .

Jaspup Property Holdings, LLC v. Lekhraj

United States Bankruptcy Court, M.D. Florida · Mar 29, 2024

The disclosures were clearly required. … “Debtor financed vehicle in her name because daughter had not established credit. Daughter has made all payments.

Maxus Energy Corporation

United States Bankruptcy Court, D. Delaware · Mar 22, 2022

Accordingly, Arcina has failed to establish that the Amended Disclosure Statement qualifies as a valid informal proof of claim. Moving on to the OCP Disclosure Affidavit. … Thus, phone calls, in-person meetings, the Greenstone Agreement, and the e-mails Arcina refers to, cannot qualify as informal proofs of claim.

Russell v. Jones (In Re Pro Page Partners, LLC)

292 B.R. 622 · United States Bankruptcy Court, E.D. Tennessee · Feb 19, 2003

In other words, the words ‘goods, services or new credit’ which qualify the words ‘money or money’s worth’ ... would have no purpose or meaning.” … law that “[ajssuming that [Fastrans ] is still good law; has not been overruled by the amendments to Bankruptcy Code § 550 in the Bankruptcy Reform Act of 1994; and is controlling in this case, ... she will be unable to establish

Cafferty v. Blackmar

United States Bankruptcy Court, N.D. Ohio · Jun 24, 2021

Plaintiff’s amended complaint clearly invokes both § 548 of the Bankruptcy Code and Ohio Revised Code Chapter 1336 as statutory bases for avoiding the alleged fraudulent transfer of the BMW. [Doc. # 21, ¶ 1]. … Under the Ohio UFTA, avoidance of an actually or constructively fraudulent transfer is permitted up to four years after the date upon which such qualifying transfer occurs.

Republic Technologies International, LLC v. Maley (In re Republic Technologies International, LLC)

283 B.R. 483 · United States Bankruptcy Court, N.D. Ohio · Sep 20, 2002

he was discharged, (3) that he was qualified for the position, and (4) that he was replaced by, or that his discharge permitted the retention of, a person not belonging to the protected class. … Genaro clearly requires individual actions or a course of conduct on the part of the supervisor or manager that rises to the level of discrimination before a plaintiff can claim against that supervisor or manager individually

Harker v. West (In Re West)

328 B.R. 736 · United States Bankruptcy Court, S.D. Ohio · Jan 12, 2004

West attributes her inability to clearly remember the existence or whereabouts of the jewelry to her medical condition. … No evidence was offered to establish the date that West ceased working. 2 .

United Safety and Alarms, Inc.

United States Bankruptcy Court, S.D. Florida. · Mar 6, 2024

“It provides qualifying debtors with some powerful and cost-saving restructuring tools not otherwise available to Chapter 11 debtors.”2 One significant benefit of subchapter V is that a debtor normally does … subchapter V trustee, the Court concluded – notwithstanding the agreement of the Debtor and Alarm Connections to continue the hearing – that cause for conversion or dismissal under Bankruptcy Code section 1112(b)(1) clearly

Candace Goldstein

United States Bankruptcy Court, D. Maine · Nov 19, 2021

This reasoning might be sound if the Bankruptcy Code provisions did not establish any federal exemptions but merely adopted state exemption laws for all debtors, and the rules in § 522(b) simply established … Counsel likewise staunchly refused to amend Debtor’s schedules to claim state law exemptions for which Debtor easily qualified, choosing instead to shoehorn those assets into exemptions which clearly did not encompass the

In Re PA Bergner & Co. Holding Co.

187 B.R. 964 · United States Bankruptcy Court, E.D. Wisconsin · Jul 28, 1995

Even if a contingent creditor were not a "creditor" under 11 U.S.C. § 547 (b)(1), a creditor having a mature debt such as Bank One's does qualify. … It is undisputed that the parties established a substantial letter of credit relationship over the two years preceding the bankruptcy.

WRT Creditors Liquidation Trust v. WRT Bankruptcy Litigation Master File (In re WRT Energy Corp.)

282 B.R. 343 · United States Bankruptcy Court, W.D. Louisiana · Aug 24, 2001

Clearly the most significant asset owned by WRT was its oil and gas properties. … While the LLOG and Benton transactions were significantly larger than any of WRT’s prior transactions, WRT was clearly seeking to expand its presence in the market, as clearly evidenced by the $100,000,000 bond offering and

In Re Taubman

160 B.R. 964 · United States Bankruptcy Court, S.D. Ohio · Nov 16, 1993

This aspect is addressed most clearly in Independent Clearing House, which states: [T]he use of investors’ money to perpetuate a Ponzi scheme is not the type of ‘property’ and hence ‘value’ Congress had in mind when it passed … To apply [§ 547](c)(2) to immunize these activities “would lend judicial support to ‘Ponzi’ schemes by rewarding early investors at the expense of later victims.”

Prior v. Tri Counties Bank (In re Prior)

521 B.R. 353 · United States Bankruptcy Court, E.D. California · Oct 31, 2014

Accordingly, debtors as well as creditors who assert a qualifying claim or action must exhaust. … Rundgren, 760 F.3d at 1061 (citing Black’s Law Dictionary 281-82 (9th ed. 2009); Black’s Law Dictionary 247 (6th ed. 1991)). *365 Under that general definition the debt- or’s complaint clearly asserts claims for monetary

In Re Century Inns, Inc.

59 B.R. 507 · United States Bankruptcy Court, S.D. Mississippi · Jan 3, 1986

Sage Construction Company, Inc., an Alabama corporation, qualified to do business in the state of Mississippi, was retained by Century Inns, Inc. and Fowlkes to be the general contractor on the job. … The Sage testimony here clearly lacks credibility- .

Ackerman v. Schultz (In Re Schultz)

250 B.R. 22 · United States Bankruptcy Court, E.D. New York · Jun 20, 2000

In view of the foregoing, the Trustee has established his fraudulent conveyance claim under 11 U.S.C. § 548 (a)(1)(B). … However, insolvency was established at trial by the Debtor's own testimony.

Lovett v. Homrich Inc. (In Re Philip Services Corp.)

359 B.R. 616 · United States Bankruptcy Court, S.D. Texas · Dec 21, 2006

(In re Bellanca Aircraft Corp.), 850 F.2d 1275, 1284 (8th Cir.1988), holds that postpetition goods or services provided to a debtor in possession do not qualify as “new value” for purposes of § 547(c) because new value given … Those cases are clearly distinguishable from the case at bar. Barefoot involves the following facts.

In Re Rheuban

90 Daily Journal DAR 13609 · United States Bankruptcy Court, C.D. California · Nov 16, 1990

If the power of the Commission established by the statute to regulate the relation is established, as we think it is, by what we have said, this objection amounts to little. … To require a client to pay more than a reasonable hourly rate in order to have the incentive to do what is already one’s duty is clearly not reasonable under § 329.

Park Restoration, LLC v. Summit Township (In re Trustees of Conneaut Lake Park, Inc.)

543 B.R. 193 · United States Bankruptcy Court, W.D. Pennsylvania · Dec 22, 2015

The statute also does not further qualify its terms by requiring that the named insured be the “owner” of the structure destroyed by the fire. … The Plaintiffs failure to establish any greater. entitlement to the proceeds under its policy (and Pennsylvania law) is fatal to its assertion that payment of Insurance Proceeds to the Taxing Authorities' would violate tjie