Case law

In re Paxton

596 B.R. 686 · United States Bankruptcy Court, N.D. California · Jan 29, 2019

The record clearly indicates that the Declaratory Relief Action was based on Mr. Paxton's prepetition breach of contract. Mr. … In re Dyer , 322 F.3d 1178 (9th Cir. 2003) ("[T]here can be no doubt that the automatic stay qualifies as a specific and definite court order"); See also In re Schwartz-Tallard , 803 F.3d 1095 , 1098 (9th Cir. 2015).

Moyer v. Geer (In re Geer)

522 B.R. 365 · United States Bankruptcy Court, N.D. Georgia · Oct 31, 2014

The Court finds Plaintiff has not established the Debtor made a false oath. First, the Debtor qualified his answer by saying “to my knowledge”. … As with the organization of RB and the establishment of the QRPT, the establishment of the GFT was part of the estate plan established by a non-bankruptcy attorney over two years before the filing of the bankruptcy peti *

Biggers v. Wilson (In Re Wilson)

216 B.R. 258 · United States Bankruptcy Court, E.D. Wisconsin · Nov 25, 1997

Wilson’s conduct was clearly found by the Commission to be deliberate, see Wis. Stat. § 111.32 (13), and thus satisfies the willful prong of § 523(a)(6). Undoubtedly, the termination of Ms. … Stat. § 111.31 (3) (policy to liberally construe subchapter to accomplish purpose of employment of qualified individuals regardless of sex and other characteristics). 3 .

Sears Holdings Corporation

United States Bankruptcy Court, S.D. New York · May 15, 2023

Co., 547 U.S. 651, 667 (2006) (“To give priority to a claimant not clearly entitled thereto is not only inconsistent with the policy of equality of distribution; it dilutes the value of the priority for those creditors … Or. 2021) (observing that “[i]t is far from clear that . . . electricity . . . qualifies as goods [under] [Section] 503(b)(9).”), aff’d sub nom. PacifiCorp v. N. Pac.

In Re JMK Construction Group, Ltd.

441 B.R. 222 · United States Bankruptcy Court, S.D. New York · Dec 9, 2010

The bankruptcy court determined that Copeland & *236 Bieger was not qualified to represent two of the debtor entities under section 327 of the Bankruptcy Code. … Kopf clearly disposed of property “other than in the ordinary course of business,” something that cannot be done without court approval. 5 See 11 U.S.C. § 363 (b)(1).

In Re Taylor & Associates, L.P.

249 B.R. 448 · United States Bankruptcy Court, E.D. Tennessee · Apr 3, 1998

That court has clearly instructed this court and the petitioners regarding the proof that will be required to establish Taylor & Associates, L.P. as a limited or general partnership. … The letter clearly establishes that D. Taylor sent a cashier’s check, the remitter of the check being J. Taylor, to L. Seaton which represented "the entire account balance of Laurel's investment through Joe.”

Fed. Trade Comm'n v. Rensin (In re Rensin)

597 B.R. 177 · United States Bankruptcy Court, S.D. Florida. · Dec 13, 2018

Many of BlueHippo's credit customers failed to make all of the required payments and so did not qualify to obtain a computer on credit. … If all four requisites are satisfied, "estoppel operates to bar the introduction or argumentation of certain facts necessarily established in [the] prior proceeding." Tampa Bay Water v.

SHF Holdings, LLC v. Allamakee County (In re Agriprocessors, Inc.)

474 B.R. 896 · United States Bankruptcy Court, N.D. Iowa · Jul 6, 2012

“Under Rule 59(e), a judgment may be amended to correct ‘clearly’ or ‘manifestly’ erroneous findings of fact or conclusions of law.” Doctor John’s Inc. v. … Under that general test, SHF cannot qualify as a good-faith purchaser because the undisputed facts show SHF knew of the County’s tax claim before closing. C.

In Re Lair

235 B.R. 1 · United States Bankruptcy Court, M.D. Louisiana · Jun 21, 1999

Clearly, trustees would revolt at the prospect of being the middle persons in this scrum. … Clearly the focus of the Eleventh Circuit is on the word “retention.”

In Re Recycling Industries, Inc.

243 B.R. 396 · United States Bankruptcy Court, D. Colorado · Jan 5, 2000

Thus, this Court, in its own discretion, may use other relevant factors, including its own knowledge to establish the rate. Case v. … The Court's conservative calculation only includes entries that clearly related to the Exclusivity Motion Objection.

Securities Investor Protection Corp. v. Nappy (In Re Nappy)

269 B.R. 277 · United States Bankruptcy Court, E.D. New York · Oct 13, 1999

He has never qualified as an expert in any case, has not done an audit for misappropriation in over 20 years, and is not a certified fraud examiner. … The facts clearly reveal that Nappy purposefully and intentionally engaged in a series of improper transfers of SMC’s monies through the use of multiple accounts to embezzle client’s monies for his own personal benefit.

Stonitsch v. Waller (In Re Waller)

28 B.R. 850 · United States Bankruptcy Court, W.D. Missouri · Mar 31, 1983

“Thus, for defendant’s obligation to South Side Bank to qualify as a set-off, it *852 must be provable in bankruptcy. … In Hayden , for instance, the court ignores the requirement of section 57i which prevents the surety or guarantor from being a claimant in his own right to hold that “mutuality of debts clearly existed between appellee and

In re Beinhauer

570 B.R. 128 · United States Bankruptcy Court, E.D. New York · Apr 13, 2017

Repayments of loans against retirement accounts do not qualify as other necessary expenses that can be deducted from a debtor’s current monthly income. In re Mowris, 384 B.R. 235, 238-39 (Bankr. W.D. Mo. 2008). … Regardless of whether the contributions were appropriate under the circumstances and the repayments mandatory, Kassman failed to provide any reason as to why this choice was made when at the time he clearly lacked the information

Jeffrey Bernhard Wetter

United States Bankruptcy Court, W.D. Virginia · Oct 14, 2020

the Debtor must qualify under Chapter 11 of the Bankruptcy Code. … Upon conversion, the Debtor immediately will be in default of a non-Subchapter V small business case, which the evidence establishes this case clearly would be.

In re Rexford Properties LLC

558 B.R. 352 · United States Bankruptcy Court, C.D. California · Sep 28, 2016

This legal standard is consistent with well-established Ninth Circuit law. … The proposed Trade Class described in the present motion is clearly “impaired” within the meaning of section 1124.

Calvin v. Wells Fargo Bank, N.A. (In Re Calvin)

329 B.R. 589 · United States Bankruptcy Court, S.D. Texas · Aug 25, 2005

These trustees would take umbrage at having to establish a separate account for each check received from a bank. … They would complain about the administrative costs of having to establish multiple accounts and keeping track of these accounts for audit purposes.

Michael Grabis

United States Bankruptcy Court, S.D. New York · Dec 6, 2021

That is because in making that evaluation a debtor must establish, among other things, that he has made good faith efforts to repay the debt he seeks to discharge. … He stated that “[t]his firm is clearly culpable in these actions and Judge Garrity withheld previously requested conflicts of interest to be revealed to the court.” Id.

Butler v. One West Bank, FSB (In re Butler)

512 B.R. 643 · United States Bankruptcy Court, W.D. Washington · Jul 9, 2014

The deposition of Sten-man, submitted by Plaintiff, clearly indicates that Northwest Trustee reviewed the Beneficiary Declaration to ensure that One West was the beneficiary. … In McDonald , under similar facts, Judge Lasnik found that the requisite agency relationship between One West and Deutsche Bank had not been established' — but he apparently was not presented with the supporting details provided

In Re Gould

389 B.R. 105 · United States Bankruptcy Court, N.D. California · Jun 12, 2008

In Clark , the debtor described property claimed as exempt as “five lots listed in qualified retirement plan[.]” Id. at 165 . … Analysis of Three Lines of Cases The interplay between §§ 522 and 553 is clearly a difficult issue.

Wells v. Department Of Education

United States Bankruptcy Court, D. Nebraska · Feb 25, 2020

Both children qualify for Medicaid for their health care. 4. … This is a “new” treatment method which does not yet have an established record of success sufficient to persuade all insurance companies to pay for it.