Case law
Opinions from 1658 to today.
7,439 results
0.92s
Los Alamos National Bank v. Wreyford (In re Wreyford)
505 B.R. 47 · United States Bankruptcy Court, D. New Mexico · Feb 4, 2014
They had not previously qualified to fund an IRA, and were not aware that they could have funded IRAs in prior years had they operated their business differently. … Sunwest Bank (In re Fingado), 113 B.R. 37, 40 (Bankr.D.N.M.1990), aff 'd 995 F.2d 175 (10th Cir.1993)(acknowledging that under New Mexico law “there is a clearly stated presumption of community property.”)
Cited 13 timesPublishedPollard v. Superior Community Credit Union (In Re Pollard)
306 B.R. 637 · United States Bankruptcy Court, D. Minnesota · Feb 24, 2004
She anticipated not qualifying at all once her youngest son turned 18. … Like it or not, in the way of skilled employment the Debtor clearly is boxed in to an income level like the one she has had for the relevant past.
Cited 5 timesPublishedIn re Digerati Technologies, Inc.
524 B.R. 666 · United States Bankruptcy Court, S.D. Texas · Jan 12, 2015
with prospective Transaction candidates (ii) conducting certain industry due diligence including evaluating and analyzing [Hurley/Dishon’s] financial statements, (iii) conducting certain industry due diligence including qualifying … Co. of New Hampshire , this Court finds those challenges were clearly surmountable. Specifically, this Court recognizes that the financial information initially provided by the Hurleys was not sophisticated.
Cited 1 timesPublishedUnited States Bankruptcy Court, M.D. Tennessee · Apr 25, 2024
The state court then described the actions the receiver should take, including negotiating the company’s loan with FirstBank, collecting rents, establishing bank accounts, and investigating best uses for the property. … § 29-40-121 and would have immunity pursuant to § 29-40-118. (Id., pp. 10-11.) Though summarized, these are all the powers granted the receiver by the state court.
Cited 0 timesUnknownIn Re Greate Bay Hotel & Casino, Inc.
251 B.R. 213 · United States Bankruptcy Court, D. New Jersey · Jul 28, 2000
Wallis to creditors to forward copies of their ballots to Park Place was clearly in violation of this court’s April 23, 2000 order. … The opportunity of each of these classes to qualify as an impaired accepting class for section 1129(a)(10) purposes is challenged by High River.
Cited 35 timesPublished155 B.R. 55 · United States Bankruptcy Court, E.D. New York · Jun 9, 1993
, 17 Pepperdine L.Rev. 429 (1990) (it is well-established that rejection of a lease by a lessor-debtor under § 365 does not affect the lessee’s interest in the lease). … CFI lacked actual possession in light of the sublease and furthermore that it lacked legal possession under South Carolina law. 17 The court then held that the bankruptcy court’s decision to terminate the lease was not “clearly
Cited 14 timesPublishedHarold F. Lalumondiere and Lisa A. Lalumondiere
United States Bankruptcy Court, S.D. Illinois · Oct 30, 2020
In Geraci, the court had established a presumptively reasonable fee for no asset consumer bankruptcy cases. Id. at 316. … The Court questioned why no waiver of the filing fee filing fee was submitted even though Debtors clearly qualified.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. Illinois · Oct 30, 2020
In Geraci, the court had established a presumptively reasonable fee for no asset consumer bankruptcy cases. Id. at 316. … The Court questioned why no waiver of the filing fee filing fee was submitted even though Debtors clearly qualified.
Cited 0 timesUnknownAndrea L. Lindsey and Jason L. Lindsey
United States Bankruptcy Court, S.D. Illinois · Oct 30, 2020
In Geraci, the court had established a presumptively reasonable fee for no asset consumer bankruptcy cases. Id. at 316. … The Court questioned why no waiver of the filing fee filing fee was submitted even though Debtors clearly qualified.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. Illinois · Oct 30, 2020
In Geraci, the court had established a presumptively reasonable fee for no asset consumer bankruptcy cases. Id. at 316. … The Court questioned why no waiver of the filing fee filing fee was submitted even though Debtors clearly qualified.
Cited 0 timesUnknown47 B.R. 602 · United States Bankruptcy Court, W.D. New York · Feb 26, 1985
By 80 Stat. 271 (1966), effective October 3, 1966, a limitation on tax priority was established [in § 64(a)(4) ]. … At the same time it will become feasible for an industrious debtor to re-establish himself as a productive and taxpaying member of society.
Reversed by Kelly v. New York State Department of Taxation and Finance, 61 B.R. 674 (1985)Cited 3 timesPublishedUnited States Bankruptcy Court, E.D. Missouri · May 12, 2023
Even if the debt qualified as child support, it would be a “domestic support obligation” that is excepted from discharge. 11 U.S.C. § 523(a)(5). … The record clearly shows that Ms.
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. Pennsylvania · Oct 25, 2019
The latter two instances (i.e., “embezzlement or larceny”) do not contain the same “fiduciary” qualifier. … Sommer eds., 16th ed. 2009) (“The phrase ‘while acting in a fiduciary capacity’ clearly qualifies the words ‘fraud or defalcation’ and not embezzlement’ or ‘arceny.”)); accord Sibbet_v.
Cited 0 timesUnknownMcKinstry v. B & H Contractors, LLC (In re GC London KY Inc.)
575 B.R. 755 · United States Bankruptcy Court, E.D. Kentucky · Oct 11, 2017
This Court would not have approved the financing without clearly identifying the responsible parties and the obligations of each party. Thus, these facts do not merit the extraordinary relief requested. … BAP 2000) (holding that payment of an antecedent debt does not qualify as new value). Therefore, § 547(c)(1) does not apply as a defense. 3.
Cited 1 timesPublishedIn Re Granite Broadcasting Corp.
369 B.R. 120 · United States Bankruptcy Court, S.D. New York · May 18, 2007
with assets worth $15,000,000 and debts of $11,500,000, were to provide for the issuance of nothing but common stock having an aggregate par value of $10,000,000, all to be distributed to the old creditors, the plan would clearly … Excerpts from Sullivan’s deposition were admitted into *142 evidence, but he was not qualified as an expert, his work on the projections was never described in detail, and it was established that he knew very little about
Cited 21 timesPublishedIn Re American HomePatient, Inc.
298 B.R. 152 · United States Bankruptcy Court, M.D. Tennessee · May 15, 2003
The testimony and documentary evidence clearly establish that the debtor’s total debt is closer to 5.5x to EBITDA. The credit rating of this debtor is unknown, but Mr. … He testified as to the character of the Lender group’s deficiency claim, and his testimony served as a guidepost to establish that the character of the Lenders’ debt is clearly different from the general unsecured trade debt
Cited 18 timesPublishedTavenner, as Chapter 7 Trustee v. ULX Partners, LLC
United States Bankruptcy Court, E.D. Virginia · Nov 3, 2021
The Trustee has pled sufficient allegations to establish a prima facie case. … Finally, LeClair raises the affirmative defenses that the intracorporate immunity and in pari delicto bar the Trustee from stating claims for breach of fiduciary duty.
Cited 0 timesUnknownUnited States Trustee v. Sieber (In re Sieber)
489 B.R. 531 · United States Bankruptcy Court, D. Maryland · Mar 29, 2013
First, it may be established by circumstantial evidence or by inference drawn from a course of conduct. Id. (citing Williamson, 828 F.2d at 252 ). … Clearly any sale of his stock in West-mark was required to be disclosed.
Cited 18 timesPublishedComputer World Solution, Inc. v. Apple Fund, L.P. (In Re Computer World Solution, Inc.)
427 B.R. 680 · United States Bankruptcy Court, N.D. Illinois · Apr 15, 2010
His background as a Certified Public Accountant and financial advis- or to companies in financial distress qualified him to testify as an expert witness regarding the Debtor’s pre-petition and post-petition financial affairs … Here, the Debtor’s schedules clearly show that the Debtor’s liabilities ($37,318,261.70) greatly outweighed its assets ($4,122,949.16) so general unsecured creditors will receive much less than 100% on their claims.
Cited 4 timesPublishedSecurities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC (In re Madoff)
522 B.R. 41 · United States Bankruptcy Court, S.D. New York · Dec 5, 2014
It is not “clearly inferior,” and indeed, is superior to the alternative championed by the Objecting Claimants. For these reasons, his chosen method is entitled to deference. … by, or the fund so held in trust has proceeded from, a person other than the judgment debtor, is exempt from application to the satisfaction of a money judgment,” and 5205(c)(2) states that certain trusts and plans that qualify
Cited 10 timesPublished
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