Case law

KIRSCHNER v. J.P. Morgan Chase Bank, N.A.

United States Bankruptcy Court, D. Delaware · Jun 27, 2025

Citi, BMOC and SunTrust respond that Trustee has failed to meet his burden of establishing their lack of entitlement to the good faith defense as a matter of law because Trustee cites no authority for such a proposition … Matevich’s experience in the industry supplies her with the credentials to qualify her as an expert in the clinical laboratory industry, generally.

Six Flags, Inc. v. Parc Management, LLC (In Re Premier International Holdings, Inc.)

443 B.R. 320 · United States Bankruptcy Court, D. Delaware · Nov 19, 2010

liability is predicated.” 53 To survive a motion to dismiss, however, a plaintiff does not have to plead a “concrete amount of damages,” 54 but facts upon which damages caused by the defendant can be inferred. 55 The Complaint establishes … Jones Intercable, Inc., 729 F.Supp. 304, 308 (S.D.N.Y.1990) (declining to interpret a contract in a way that would reach an absurd result "clearly contrary to the plain and unambiguous language”). 66 . DBT Gmbh v. J.L.

In Re Korn

352 B.R. 228 · United States Bankruptcy Court, D. Idaho · Oct 6, 2006

DDR discovered Debtor was having difficulties finding adequate sources of construction supplies and qualified workmen to complete this construction. … The sale of the Nampa Property and relocation of the animals was clearly outside the ordinary course of business. See *248 Doc.

In Re Brown

408 B.R. 509 · United States Bankruptcy Court, D. Idaho · Jun 12, 2009

Newman qualifies under this provision. His appearance is proper. … Id. 40 For a licensed attorney and officer of the court to ignore an injunction on his conduct, one never stayed and ultimately affirmed, is clearly improper. Hale violated an express order.

Roman Catholic Church of the Archdiocese of Santa and Associated Case in US District Court

United States Bankruptcy Court, D. New Mexico · Oct 9, 2020

The Showing Required to Qualify for Derivative Standing. … Others consider religious autonomy to implicate the Establishment clause.

Beer Sheva Realty Corp. v. Pongvitayapanu (In re Pongvitayapanu)

487 B.R. 130 · United States Bankruptcy Court, E.D. New York · Feb 27, 2013

The Debtor’s omission of the Copiague Property clearly cannot be chalked up to mere inadvertence or carelessness. … At the very least, fraudulent intent has been established on the grounds of reckless disregard or indifference to the truth. But this record suggests more. Although Plaintiff was not required to establish Mr.

Shawn Derrick Stevens and Suzanne Marie Stevens

United States Bankruptcy Court, S.D. West Virginia · Jan 28, 2025

Turning to the meaning of “commercial or business activities,” the Court in Ikalowych aptly explained: [T]he words “commercial” and “business” are clearly synonyms. … The Debtors were engaged in negotiations with SMS Financial to establish a workout agreement prior to filing their bankruptcy petition, and they also had attempted to negotiate with United Bank to obtain a release of its

Leo Blas

United States Bankruptcy Court, D. Alaska · Dec 17, 2019

Blas having presented no evidence that he is an expert qualified to testify as to the authenticity of a document based on its physical attributes, Mr. … BANA has established that it is the holder of the note entitled to file the proof of claim and seek recovery.

In re: Caribbean Petroleum Corporation; Caribbean Petroleum Refining LP; et al.

United States Bankruptcy Court, D. Puerto Rico · Dec 23, 2010

Such matters, CHARTIS states, are clearly better suited for 13 determination by the Commonwealth Courts. … Coverage under 22 these policies, if any, is subject to all the terms, conditions precedent, defenses, immunities, 23

In re: Caribbean Petroleum Corporation; Caribbean Petroleum Refining LP; et al.

United States Bankruptcy Court, D. Puerto Rico · Dec 23, 2010

Such matters, CHARTIS states, are clearly better suited for 13 determination by the Commonwealth Courts. … Coverage under 22 these policies, if any, is subject to all the terms, conditions precedent, defenses, immunities, 23

Moffitt v. America's Servicing Co. (In Re Moffitt)

408 B.R. 249 · United States Bankruptcy Court, E.D. Arkansas · Jun 22, 2009

Tex. 2007] (“[A] bankruptcy court is well within its authority if it exercises its equitable powers under § 105(a) to achieve a result the Code clearly requires.”) (citing Perkins Coie v. … Clearly, if there are legitimate charges which should have survived the plaintiffs’ Chapter 13 discharge, there will be no violation of the § 524(a)(2) discharge injunction.

In Re Wingerter

376 B.R. 221 · United States Bankruptcy Court, N.D. Ohio · Oct 1, 2007

CONCLUSION Apparently lost in the fast-paced world of selling and purchasing bankruptcy *239 claims has been attention to compliance with long-established bankruptcy procedures for filing proofs of claim. … B-Line does not argue that the Covenant Computer File constitutes a business record under Federal Rule of Evidence 803(6), presumably because there is no "custodian or other qualified witness” to testify that the *236 information

In Re Okura & Co. (America), Inc.

249 B.R. 596 · United States Bankruptcy Court, S.D. New York · Jun 15, 2000

If BTM’s participation interest qualifies as a claim against the estate of the Debtor that arose prior to the date that the Debtor filed its voluntary petition, then it is a creditor of the Debtor. … “Where the intention of the parties is clearly and unambiguously set forth, effect must be given to the intent as indicated by the language used.”

PW Enterprises, Inc. v. State of North Dakota (In re Racing Services, Inc.)

482 B.R. 276 · United States Bankruptcy Court, D. North Dakota · Oct 19, 2012

Any organization qualified under section 53-06.2-06 to conduct racing may make written application to the commission for the conduct of off track parimutuel wagering on races held at licensed race courses inside the state … The State authorities clearly hoped to save RSI and did everything they could to help RSI recover from its financial difficulties — difficulties which started after 9/11.

Balaber-Strauss v. New York Telephone (In Re Coin Phones, Inc.)

203 B.R. 184 · United States Bankruptcy Court, S.D. New York · Oct 10, 1996

The record establishes clearly that the responsible NYTel officials had full knowledge for months prior to July 20, 1989 that CPI disputed, rejected and refused to pay for all AT & T long-distance charges. … None of the witnesses relied upon by NYTel for these assertions was qualified as knowledgeable on the workings of OCS and BNS.

In Re DG Acquisition Corp.

208 B.R. 323 · United States Bankruptcy Court, S.D. New York · Apr 21, 1997

United States, 417 U.S. 85, 87 , 94 S.Ct. 2179, 2182 , 40 L.Ed.2d 678 (1974) (“It has long been established ... that the Fifth Amendment privilege against compulsory self-incrimination protects an individual from compelled … The elements of compulsion are clearly present, but the more difficult issues are whether the tacit averments of the [holder] are both “testimonial” and “incriminating” for purposes of applying the Fifth Amendment.

In re Richter

525 B.R. 735 · United States Bankruptcy Court, C.D. California · Jan 20, 2015

The Ninth Circuit BAP has explained, [A] plan should clearly state its intended effect on a given issue. … “Instead, the debtor is essentially a ‘squatter,’ and thus cause for relief from stay is established.” Id.

In Re Murphy

327 B.R. 760 · United States Bankruptcy Court, E.D. Virginia · Jan 12, 2005

Accordingly, the court finds that the trustee has established good cause for modification of the plan to provide for full payment of unsecured claims. B. … While clearly “substantial,” it may not qualify as “dramatic” in the quite the same way as, say, the increase of Mr. Arnold’s salary from $80,000 to $200,000 over a two- and-a-half-year period.

Blixseth v. Kirschner (In Re Yellowstone Mountain Club, LLC)

436 B.R. 598 · United States Bankruptcy Court, D. Montana · Aug 16, 2010

Reilly was an extremely qualified and compelling expert. … BGI was clearly Blixseth’s alter ego.

In re: Caribbean Petroleum Corporation; Caribbean Petroleum Refining LP; Et Als

United States Bankruptcy Court, D. Puerto Rico · Dec 23, 2010

Such matters, CHARTIS states, are clearly better suited for 13 determination by the Commonwealth Courts. … Coverage under 22 these policies, if any, is subject to all the terms, conditions precedent, defenses, immunities, 23