Case law

Weinman v. Crowley (In re Blair)

594 B.R. 712 · United States Bankruptcy Court, D. Colorado · Nov 9, 2018

"Actual fraud" can be established circumstantially. … The Chapter 7 Trustee Did Not Establish Actual Fraud .

Project Restore LLC

United States Bankruptcy Court, M.D. Tennessee · Oct 7, 2022

“The [FAA] thus establishes a ‘federal policy favoring arbitration,’ requiring that ‘[courts] rigorously enforce agreements to arbitrate.’” Id. (citations omitted). … By requiring that bankruptcy cases be commenced by the filing of a petition in a bankruptcy court, Congress clearly intended bankruptcy courts to have the exclusive jurisdiction to evaluate and rule on the validity

Jennifer R. Morrell v. Wayne R. Stamp

United States Bankruptcy Court, E.D. Pennsylvania · Apr 8, 2021

Thus, even if a debt does not qualify as alimony or support under state law, it might still be “in the nature of support” for purposes of §523(a)(5). … Based on the entire record, the circuit court concluded that it did not find the bankruptcy court’s findings to be clearly erroneous.

In Re Diomed Inc.

394 B.R. 260 · United States Bankruptcy Court, D. Massachusetts · Sep 15, 2008

Clearly Diomed had constitutional standing at every stage without regard to whether or not Endolaser joined in the litigation. But the prudential consideration for standing requires further investigation. Waterman v. … Whether Endolaser can establish a claim for bad faith damages under New York law as part of its rejection claim remains to be determined.

Lovett v. Cardinal Health, Inc. (In re Diabetes America, Inc.)

485 B.R. 340 · United States Bankruptcy Court, S.D. Texas · Dec 21, 2012

Safe Harbor To assist future litigants in this difficult area, the Court believes that it would be helpful to establish a safe harbor 1 to ensure postconfirmation standing and to avoid estoppel. … Applying an equitable doctrine such as judicial estoppel is clearly different from the legal question of postconfirmation standing.

Young v. Young (In re Young)

497 B.R. 904 · United States Bankruptcy Court, W.D. Arkansas · Jun 10, 2013

Given that range, the appellate court determined that a $5000 a month basis for calculating alimony was not clearly erroneous. (Debtor’s Ex. 43 at 2.) III. … Because postpetition domestic support obligations are not part of the debt owed as of the date of the petition, such debts qualify as unmatured. See, e.g., Burnett, 646 F.3d at 582 (citing Foster v.

Shovlin v. Klaas (In re Klaas)

548 B.R. 414 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 1, 2016

While a court may reconsider its decision, the Supreme Court instructs that it “should be loathe to do so in the absence of extraordinary circumstances such as where the initial decision was ‘clearly erroneous and would work … To reach this conclusion, Shovlin asserts that the 60-month limitation established in section 1322 applies with equal force to the time within which payments can be made because section 1325 mandates that all plans comply

The Roman Catholic Diocese of Rockville Centre, Ne

United States Bankruptcy Court, S.D. New York · Jul 13, 2023

The Debtor states that these qualify as “Post-1975 Chartered Organization Abuse Claims” under the BSA Plan. (Objection ¶ 21.) … This ignores that this list begins with the qualifier “as applicable,” and that the list itself includes other triggering dates, like the plan Effective Date, as possible dates for expiration of such stays.

In Re Epic Associates V

62 B.R. 918 · United States Bankruptcy Court, E.D. Virginia · Jul 11, 1986

Clearly, responsibility for the changes of vote without prior approval lies with the debtors’ counsel. … Clearly, MDIF would hold the unchecked power to escape all potential liability to the Class Action Plaintiffs.

L. Bryan Carr Co. LPA v. Coger

United States Bankruptcy Court, N.D. Ohio · Jul 7, 2025

Neither party submitted affidavits nor the written contract (if one exists) establishing the terms of the 401(k) Agreement. … §1056(d)(1), 26 U.S.C. §401(a)(13), and 26 C.F.R. §1.401(a)-13(b)(1) all qualify as “applicable non-bankruptcy law”, preventing ERISA qualified retirement plans, like the one in issue here, from becoming property of the

Mallinckrodt plc

United States Bankruptcy Court, D. Delaware · May 31, 2023

The word “liabilities” is subject to multiple interpretations and, as it is used here, lacks the precision necessary to clearly convey what is preserved. … In a second sense, the term ‘liability’ is the correlative of power and the opposite of immunity.

BVS Construction Inc.

United States Bankruptcy Court, W.D. Texas · Mar 20, 2020

To determine whether these penalties qualified, the Exide court looked to the Third Circuit’s decision in Tri-State. See Pa. Dep’t of Envtl. Res. v. … Id. at 64. 7 The Finley Coal court reasoned that Congress clearly enacted the predecessor statute to establish “comprehensive penalties

Hannaford Bros. v. Ames Department Stores, Inc. (In Re Ames Department Stores, Inc.)

316 B.R. 772 · United States Bankruptcy Court, S.D. New York · Oct 14, 2004

But the fact that Vickerry conveyed a portion of Tract # 1 to Home Depot is not relevant, as Home Depot — aside from being another retailer — clearly was a “successor or assign” of Vickerry’s. 87 New Hampshire courts have … See In re E-Z Serve Convenience Stores, Inc., 289 B.R. 45, 50 (Bankr.M.D.N.C.2003) ("[T]he court retains some discretion in determining whether a lease provision that does not explicitly prohibit assignment qualifies as a

Roman Catholic Church of the Archdiocese of Santa v. United States of America Small Business Administra

United States Bankruptcy Court, D. New Mexico · May 1, 2020

Have fewer than 500 employees or, if applicable, the size standard in number of employees established by the Administration for the industry in which the business concern, nonprofit organization, veterans … arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

Hotel Syracuse Inc. v. City of Syracuse Industrial Development Agency (In Re Hotel Syracuse Inc.)

155 B.R. 824 · United States Bankruptcy Court, N.D. New York · Feb 5, 1993

Without clearly determining this issue, the decision reached in that proceeding is not decisive of the issue sub judice. See Discussion, infra. … Significantly, Debtor’s Statement of Executory Contracts, attached to the Petition, lists the Lease with SIDA with the following qualifier: “Without Prejudice To Debtor’s Rights To Assert That Said Lease Is Not A True Lease

Joseph A. Farrell and Heather Farrell

United States Bankruptcy Court, D. Connecticut · Feb 12, 2021

Absent a clearly expressed contrary federal policy, a bankruptcy court should ensure that the same legal rights and protections apply in bankruptcy as apply outside of bankruptcy. See Butner v. … Therefore, because all deposits qualified as a “debt due” to each coholder, a third-party creditor could execute against the entire balance of the joint account pursuant to Conn. Gen. Stat. § 52-367b. Id.

Odebrecht Engenharia E Construcao S.A. and Adriana Henry Meirelles

United States Bankruptcy Court, S.D. New York · Apr 21, 2025

These parties are clearly essential to the implementation of the RJ Plan, which is being supervised by a Brazilian court. … “By establishing explicit boundaries, Congress allowed relief that does not exceed those boundaries . . . .

Coated Sales, Inc. v. First Eastern Bank, N.A. (In Re Coated Sales, Inc.)

144 B.R. 663 · United States Bankruptcy Court, S.D. New York · Sep 16, 1992

A: Well, consultants specifically write these reports and qualify themselves so they don’t have to answer that question. Q: Okay. … The evidence established at trial suggests that the writedown of the Westmont inventory was appropriate.

In Re Executive House Associates

99 B.R. 266 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 20, 1989

Under the principle established in Clearfield Trust *275 Co. v. … Extensive valuation testimony was offered by the parties, largely though the testimony of two qualified expert witnesses and their lengthy appraisal reports. Ex. G-CC; Ex. D-5.

Turner v. United States (In Re Turner)

182 B.R. 317 · United States Bankruptcy Court, N.D. Alabama · Jan 9, 1995

Since the statute uses the disjunctive, a tax penalty that does not qualify for discharge under one of the two aforementioned circumstances may still qualify under the other. … They establish the statutes of limitations on the IRS’s rights of assessment and collection of taxes.