Case law

Heaney v. Lamento (In re Whiz Kids Development, LLC)

576 B.R. 731 · United States Bankruptcy Court, D. Massachusetts · Nov 17, 2017

A party alleging civil contempt must establish by clear and convincing evidence that a contemnor violated a court order, AccuSoft Corp. v. … The Sale Order clearly and unambiguously barred and enjoined persons who held interests in or against the property, such as Lamento, from asserting those interests against the property and Heaney.

Teleglobe USA, Inc. v. BCE Inc. (In Re Teleglobe Communications Corp.)

392 B.R. 561 · United States Bankruptcy Court, D. Delaware · Aug 7, 2008

The Defendants assert that this is especially true where an attorney is reviewing documents to establish their privileged nature. … Thus, they assert that the Teleglobe and BCE boards acted as the de facto board of the Debtors, thereby establishing they were a single enterprise.

Trenwick America Reinsurance Corp. v. Swasey (In re Swasey)

488 B.R. 22 · United States Bankruptcy Court, D. Massachusetts · Feb 14, 2013

A knowing state of mind in connection with a claim of unfair insurance claim settlement exists at least where an insurance company forces an insured to litigate clearly valid claims. … A “knowing breach of contract” could also qualify.

Faulkner v. M & T Bank (In re Faulkner)

593 B.R. 263 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 3, 2018

The Debtor the attacks M & T's authority to enforce the note. *276 It is well established that there are three (3) ways in which a party may establish the right to enforce a negotiable instrument: 1. by being its holder ( … Because the Debtor was qualified, the Debtor asserts that M & T had no right to make a demand for payments in order to make such a determination.

In re Olympia Office LLC

574 B.R. 38 · United States Bankruptcy Court, E.D. New York · Jun 30, 2017

As noted, Noteholder is clearly a creditor who holds a claim under §§ 101(5)(A), 101(10)(A) and § 102(2). … under FRE 901, cannot determine whether the summaries are in fact accurate to prove the content of the writings which they purport to summarize under FRE 1006, nor has the accountant who purportedly prepared the report been qualified

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.

Commerce Bank, N.A. v. Tifton Aluminum Co. (In Re Win-Vent, Inc.)

217 B.R. 803 · United States Bankruptcy Court, W.D. Missouri · May 19, 1997

Tifton failed to establish a factual dispute in its response to the summary judgment motion, despite its affirmative obligation to do so. … This court ruled at the summary judgment hearing that these security interests do not qualify as purchase money security interests.

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

Murrell v. U.S. Department of Education

United States Bankruptcy Court, N.D. Ohio · Aug 22, 2019

According to the affidavit of Collin Yanez, litigation specialist at ECMC, Plaintiff’s household size of two and adjusted gross income of $32,893.00 could qualify him for monthly student loan payments between $63-$94 under … Anderson clearly states that the allocation of the substantive evidentiary standard of proof is a factor that the court should consider in deciding whether to grant summary judgment. 477 U.S. at 252-255, 106 S.Ct. at 2512

Renco Grp., Inc. v. Wilmington Trust, Nat'l Ass'n (In re Magnesium Corp. of Am.)

583 B.R. 637 · United States Bankruptcy Court, S.D. New York · Mar 30, 2018

However, that case is clearly distinguishable. … Here, the Renco Group and Wilmington Trust disagree as to whether the Renco Group qualifies as a creditor pursuant to section 502(h).

USGen New England, Inc. v. TransCanada Pipelines, Ltd. (In Re USGen New England, Inc.)

429 B.R. 437 · United States Bankruptcy Court, D. Maryland · Apr 1, 2010

In fact, the record establishes, by a preponderance of the evidence, that the Gaz Metro Bids did not qualify as bids for new capacity. … Further, the evidence in the record established affirmatively that the Gaz Metro Bids did not qualify as bids for new capacity and in fact were not bids for new capacity.

Texas Workers' Compensation Insurance Fund v. A.C. Painting, Inc. (In Re A.C. Painting, Inc.)

283 B.R. 404 · United States Bankruptcy Court, N.D. Texas · Jun 5, 2002

But, the evidence established that she performed many of the calculations. … Thus, if a reviewing court concluded that this court’s findings of the fraud elements were clearly erroneous, the court would alternatively find that the Fund has established the elements of negligent misrepresentation against

AZ Automotive Corp. v. Atzen Industries, Inc. (In Re Aetna Industries, Inc.)

340 B.R. 252 · United States Bankruptcy Court, D. Delaware · Apr 12, 2006

To qualify as an Environmental Condition, however, the condition must exist at or before the June 17, 2002 closing date. (Adv. Doc. # 1, Ex. A, p. 5 and § 2.10(k)). … To the extent that the TI contract was a Key Contract, it clearly was not terminated until November 2002, well after the closing. Likewise, AZ traces the meaning of a Platform Event.

Schultz v. U.S. Department of Education

United States Bankruptcy Court, D. Minnesota · Feb 11, 2020

The moving party bears the burden of establishing a lack of genuine issue of fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … As a result, the loan at issue in this case arose postpetition as it paid the prepetition loans as clearly provided under federal law.

Matter of Bouy, Hall and Howard and Associates

141 B.R. 784 · United States Bankruptcy Court, S.D. Georgia · Jun 10, 1992

William Atkinson to establish that the plan treatment of dissenting creditors Lincoln and Westinghouse is “fair and equitable” within the meaning of 11 U.S.C. Section 1129 (b). Mr. … Lincoln and Westinghouse allege that the motel is worth only $2.9 million based on a recent appraisal by Brian Considine, a qualified commercial real estate appraiser. In doing his appraisal, Mr.

In Re StatePark Building Group, Ltd.

316 B.R. 466 · United States Bankruptcy Court, N.D. Texas · Jun 4, 2004

They argue that once the limited partnerships were dissolved under state law, they no longer qualified to be debtors under the Code. … The Mov-ants, who have the burden of establishing the appropriateness of this Court exercising the extraordinary remedy of abstention, see In re Sherwood Enters., Inc., 112 B.R. 165, 167 (Bankr.S.D.Tex.1989), offered little

Blue Whale Studios, LLC

United States Bankruptcy Court, N.D. Georgia · Aug 5, 2022

Bankruptcy clearly affects a company’s business and affairs; in fact, the purpose of a Chapter 11 case is to reorganize a company’s business and restructure its relationship and affairs with creditors and clients. … Silva has established by a preponderance of the evidence that the filing of the Petition was not authorized under either the Alleged Operating Agreement or under Georgia law, and this case must be dismissed.

In Re National Steel Corp.

316 B.R. 287 · United States Bankruptcy Court, N.D. Illinois · Oct 26, 2004

To qualify as actual and necessary expenses, expenditures must also benefit the estate as a whole. In re Jartran, Inc., 886 F.2d 859, 871 (7th Cir.1989). … National Steel's reliance on this case is clearly misplaced.

In re H.H. Distributions, L.P.

400 B.R. 44 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 16, 2009

The Bank has clearly negated any inference that it will provide any financial support after June 2009 or any deferral of loan repayment then due. … The generally accepted method for establishing enterprise value is the capitalization of future earnings. Haskell Dawes, 199 B.R. at 878 .

Shupe v. Neveau

United States Bankruptcy Court, E.D. Michigan · Jun 12, 2024

However, Legendary was not well established and Ms. Ridley had a superior credit score, so the purchase of the Trailer was accomplished by having Ms. … Shupe satisfied all due diligence requirements such that he does qualify as bona fide purchaser of the Trailer. One other fact worth noting is that Mr.