Case law

Official Committee of Unsecured Creditors v. Fountainhead Group, Inc. (In re Bridgeview Aerosol, LLC)

538 B.R. 477 · United States Bankruptcy Court, N.D. Illinois · Sep 28, 2015

Salary payments often qualify as transfers in the ordinary course of business. See Picard v. Madoff (In re Bernard L. Madoff Inv. Sec. LLC), 458 B.R. 87 , 118 n. 22 (Bankr.S.D.N.Y.2011). … The reasoning of the court in Solomon is instructive in this respect: The language of the checks the landlord sent to the tenants clearly refer to plaintiffs’ security deposits being paid in full.

In Re Union Meeting Partners

178 B.R. 664 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 14, 1995

F.R.B.P. 3001(e) (establishing procedures to be followed in conjunction with the assignment of claims and interests). … The Debtor, on the other hand, argues that Lincoln never established the origins of the money contained in the DIP Account.

Welt v. Sasson (In Re Dollar Time Group, Inc.)

223 B.R. 237 · United States Bankruptcy Court, S.D. Florida. · Jul 20, 1998

Clearly, the answer is no. … -Furthermore, the ledger sheets clearly document checks written in January 1994 for rents due on Bargain stores.

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.

Beneficial National Bank USA v. Best Receptions Systems, Inc. (In Re Best Reception Systems, Inc.)

220 B.R. 932 · United States Bankruptcy Court, E.D. Tennessee · Mar 5, 1998

These actions clearly do not satisfy the amount in controversy requirement for diversity jurisdiction. … None of the complaints at issue establish federal question jurisdiction pursuant to 28 U.S.C.A. § 1331 .

Jose Luis Birriel Rivera and Lydia Iris Ocasio Burgos v. First Bank Puerto Rico

United States Bankruptcy Court, D. Puerto Rico · Oct 24, 2019

2 because the Court considered the facts surrounding the recordation of the Bank’s deed and 3 concluded that said facts evidenced a recordation defect that clearly … Some 25 challenges—those grounded in considerations of ripeness, mootness, sovereign immunity, and 26

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

Windstream Holdings, Inc. v. Charter Communications, Inc.

United States Bankruptcy Court, S.D. New York · Feb 19, 2020

LEXIS 526 (2020) (“Orders in bankruptcy cases qualify as ‘final’ when they definitively dispose of discrete disputes within the overarching bankruptcy case.”); O’Toole v. … S.D.N.Y. 2012) (“Pre-Stern case law clearly established that, in such instances, bankruptcy courts may enter interlocutory orders; only entry of a final order or judgment requires the bankruptcy court to submit proposed

In Re Brown

189 B.R. 653 · United States Bankruptcy Court, M.D. Louisiana · Jan 31, 1996

Context of the Words in the Text The only property which qualifies as exempt in Louisiana is that which is specifically listed in an exemption statute. Ward v. Turner, 150 B.R. 378 (E.D.La.1993). … Federal regulation in this area, of course, is pervasive and continues to establish strong gun controls....

Melon Acres, Inc. v. Villa

United States Bankruptcy Court, N.D. Florida · Jan 28, 2021

promptly and in full for produce delivered, despite Plaintiff’s repeated demands; failed to preserve sufficient funds to fully satisfy Plaintiff’s qualified PACA claims; and failed to ensure funds were freely available … Count II does not clearly articulate a separate cause of action for interference with receipt of trust assets.

Bruce Raymond Wainer, Sr. and Stella Thalmer Wainer

United States Bankruptcy Court, E.D. Pennsylvania · Nov 16, 2021

The court anchored the factors “contributions over time” and “contributions by others” to its perception that the Iowa exemption statute “clearly” contemplated retirement plans that had been established through an “on-going … Here, the Debtors clearly intended the Annuity to provide them with income that substituted for lost wages. Ms.

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

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

Mendenhall v. Navient Corp.

United States Bankruptcy Court, D. Idaho · Oct 15, 2020

He established an “S” corporation through which he managed his side work. But the work was always inconsistent. … Idaho 2005) (“As the Court has previously explained, a MEMORANDUM OF DECISION ̶ 19 voluntary contribution to a charitable organization, while laudable, is clearly not a necessary

Wise v. Wise (In re Wise)

590 B.R. 401 · United States Bankruptcy Court, E.D. Michigan · Sep 28, 2018

The state court found that Olivia had not established good cause to set aside the Default Judgment and that there was nothing in Olivia's affidavit filed in support of her motion "that would establish a meritorious defense … Third, at the time of the transfer, Norman clearly was a "creditor" of Olivia.

1518 West Chicago Avenue, LLC v. South Melrose, LLC (In Re 1518 West Chicago Avenue, LLC)

427 B.R. 439 · United States Bankruptcy Court, N.D. Illinois · Apr 16, 2010

Seventh Circuit, by holding that the rents were subject to the bank’s security interest, and by reinstating the bankruptcy court’s decision allowing the debtor to continue to conditionally use the rents as “cash collateral,” clearly … And that is enough, under §§ 552(b) and 544, to ensure that a pre-petition security interest in rents will carry on after bankruptcy, thus qualifying such rents as cash collateral under § 363(a).” Id. at 1245.

Wizenberg v. Wizenberg (In re Wizenberg)

602 B.R. 372 · United States Bankruptcy Court, S.D. Florida. · May 15, 2019

Unfortunately, if the Court clearly errs yet again, and goes on to clearly erroneously and egregiously impose sanctions against Defendant for Defendant's good faith Motion to Dismiss for Lack of Subject Matter Jurisdiction … A copy of an email referencing the $ 150,000 sale price to a prospective, qualified buyer is attached hereto as Exhibit "I." 20.

Whitehall Street Real Estate Ltd. Partnership IX v. Zamias Services, Inc. (In re Calypso Zamias L.P.)

293 B.R. 668 · United States Bankruptcy Court, W.D. Pennsylvania · Jun 4, 2003

Employee termination costs clearly are not reimbursable under the leasing and management agreements. … Temporary leases with tenants who had occupied space in the property previously clearly do not qualify as “temporary leases” for purposes of paragraph 6.01(b)(1) and, consequently, do not qualify under paragraph 6.01(c)(V