Case law

Zavacky v. Nabong

United States Bankruptcy Court, D. Alaska · Dec 30, 2019

Zavacky cannot establish that Mr. Nabong made a false representation under § 523(a)(2)(A) concerning his repayment to Ms. Zavacky. Similarly, Ms. Zavacky cannot establish that Mr. … Zavacky very clearly describes the debt owed to her by Mr. Nabong as inherently a business debt.

Startec Global Communications Corp. v. Videsh Sanchar Nigam Ltd. (In Re Startec Global Communications Corp.)

292 B.R. 246 · United States Bankruptcy Court, D. Maryland · Apr 24, 2003

Oppenheimer & Co., 779 F.2d 885, 887 (2d Cir.1985) (“Clearly, the policies underlying the federal arbitration act favor enforcement of agreements to arbitrate disputes.”). … The Supreme Court has established a general inquiry regarding a determination as to whether statutory claims may be arbitrated.

Woodard v. Navient Solutions, LLC

United States Bankruptcy Court, D. Nebraska · Mar 8, 2023

The plaintiff took the position that “the class action waiver clauses clearly only apply to class arbitration and, without an arbitration forum, the class action waiver provisions are no longer valid.” Ranzy v. … This court is cognizant that any matters of restitution and monetary damages will likely need to be addressed on a case- by-case basis once liability has been established.

Steven C. Wallwork

United States Bankruptcy Court, D. Idaho · Feb 20, 2020

Debtor testified the loan was in his name only, because to obtain a construction loan, the borrower must qualify both at the time of the application, and also at the end when construction is completed, and Robyn would … At that time, he clearly met the definition of a domiciliary, as he had established both a physical presence in Idaho Falls as well as an intent to stay there.

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.

In Re Cochener

360 B.R. 542 · United States Bankruptcy Court, S.D. Texas · Feb 9, 2007

Furthermore, when conduct subject to scrutiny under Bankruptcy Rule 9011 is not sanctionable under that Rule because the party seeking sanctions failed to comply with its provisions, that conduct is not then immunized from … In re Muy Bueno Corp., 257 B.R. 843, 849 (Bankr.W.D.Tex.2001) ("Mere inconvenience rarely qualifies as 'good cause’ under the case law, however ...

In re: Palmetto Therapy Services Inc.

United States Bankruptcy Court, D. South Carolina · Jul 2, 2026

Opinions diverge, however, when it comes to interpreting what qualifies as “circumstances for which the debtor should not justly be held accountable.” Id. at *4. … Debtor's ongoing efforts to obtain financing likewise fail on the record before the Court, to establish circumstances beyond the Debtor's control.

Educational Credit Management Corp. v. Boyer (In Re Boyer)

305 B.R. 42 · United States Bankruptcy Court, D. Kansas · Feb 3, 2004

that it qualifies for Rule 60(b) relief by “clear and convincing evidence.” 10 Nelson and Mersmann rely on Fed.R.Civ.P. 60(a) to set aside the conflicting discharge orders in each of their cases, on the basis that the student … To the extent the terms of the discharge order, which clearly contained archaic language reciting law that was no longer in effect at the time of the discharge, had the effect of discharging more than the confirmation order

Securities Investor Protection Corp. v. Blinder, Robinson & Co. (In Re Blinder, Robinson & Co.)

123 B.R. 900 · United States Bankruptcy Court, D. Colorado · Feb 15, 1991

The Trustee believes that, instead of getting the full consultive support and cooperation of the Attorneys, he is receiving qualified and adversarial responses because of the loyalty that the Attorneys now have for IEI. … Clearly, the Attorneys enjoyed an attorney-client relationship with the Debtor. 8 b. Adversarial.

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....

Parkcliffe Development LLC

United States Bankruptcy Court, N.D. Ohio · Jan 28, 2025

(“the Final Bid Deadline”) The identity of all bidders will be made public if a Qualified Breakup Bid is received, but only the lowest Qualified Breakup Bid will be made public on December 12, 2024. … And yet, the case law demonstrates that even with auction sales, finality can be fluid, and bids that were clearly late have been accepted over the objections of timely bidders.

Silva v. GVF Cannery, Inc. (In Re GVF Cannery, Inc.)

188 B.R. 651 · United States Bankruptcy Court, N.D. California · Sep 29, 1995

foundation and the Court did not qualify the witness as an expert; Mr. … Such an act clearly constitutes a waiver as defined. The issue is whether Silva’s waiver should be given effect. B.

MB Ltd. Partnership v. Nutri/System, Inc. (In Re Nutri/System, Inc.)

169 B.R. 854 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 8, 1994

was an artifice and a sham designed to execute illegitimate purposes in abuse of the corporate fiction and the immunity it carries....”’ quoting Coryell v. … Furthermore, clearly not all of the Heico Defendants engaged in the activities which the Landlords claim amounted to domination of the Debtors, nor do they all have claims which may be subordinated, assets which may be reached

Carto v. Oakley (In re Oakley)

503 B.R. 407 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 30, 2013

In the Eighth Circuit, the B.A.P. has held that where the debtor listed the Internal Revenue Service (the “IRS”) as a creditor, the IRS held a claim qualifying it as a creditor with standing to object to discharge under § … The elements of establishing a nondischargeable claim for false pretenses are similar: In order to establish that a debt is non-dischargeable under § 523(a)(2)(A) as a debt for money, property, services, or credit obtained

Donna Petty Whitfield

United States Bankruptcy Court, E.D. North Carolina · Oct 16, 2020

Petty.7 Although the introductory section of the Trust referenced the Debtor and stated “Grantor desires to establish an irrevocable trust fund for the benefit of his spouse, Shirley S. … The debtor filed a Chapter 7 petition when he was forty-five years of age, and the court found that the corpus of the trust was excluded from the debtor’s estate, noting that “Congress clearly exempted the corpus of spendthrift

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.

Drake v. Dennis (In Re Dennis)

209 B.R. 20 · United States Bankruptcy Court, S.D. Georgia · Nov 27, 1996

Moreover, Rule 60(b) clearly states that, The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. … Here, Defendants have established no basis for the relief provided for in Rule 60. They do not qualify for relief under any section of the rule, and the 1994 Order is therefore to be regarded, at long last, as final.

Matter of Mich. Ave. Nat. Bank

2 B.R. 171 · United States Bankruptcy Court, N.D. Illinois · Jan 11, 1980

in the conveyance clause the words "GRANT" and "CONVEY", (b) in the quantity clause the words ". . . any and all rights and interests of every name and nature now or hereafter owned by the Mortgagor . . . " (c) and the qualifying … It did not cause a sale, and it did not establish a deficiency.

Ehrenberg v. HALA Enterprises, LLC

United States Bankruptcy Court, C.D. California · Apr 22, 2022

It 26 permits avoidance if the trustee can establish (1) that the debtor had an interest in 27 … the Debtor was insolvent at the time that 17 each payment was made so that each individual payment falls under the provisions of a 18 constructive fraudulent transfer and (2) whether each individual payment fails to qualify

In Re Betz

273 B.R. 313 · United States Bankruptcy Court, D. Massachusetts · Feb 15, 2002

See also, In re Brawn, 138 B.R. at 333 n. 29 (“[Rjesponse to § 522(f) motion qualifies, in and of itself, as the ‘objection’ Rule 4003 requires.”); Premier Capital, Inc. v. DeCarolis, 259 B.R. 467 , 471 n. 8 (1st Cir. … In light of the clearly established precedent in this Circuit, this Court believes that Cetiner has misinterpreted Judge Feeney’s language in Whalen-Ghiffin.