Case law

The Minesen Company

United States Bankruptcy Court, D. Hawaii · Nov 17, 2021

Those cases provide clearly that post-petition notice is sufficient. … But the Fund established that the electric bills can vary even if occupancy does not.

In re City of Stockton

493 B.R. 772 · United States Bankruptcy Court, E.D. California · Jun 12, 2013

Such a proceeding is like a qualifying round in a competition; success leads only to the main event — the process of achieving a viable plan of adjustment. … Findings will not be set aside by an appellate court unless clearly erroneous, with deference given to the trial court’s opportunity to judge witness credibility. Fed.R.Civ.P. 52(a)(6), incorporated by Fed. R.

Grabis v. Navient Solutions, LLC

United States Bankruptcy Court, S.D. New York · Dec 11, 2020

(“Judge Morris is clearly the voice of the court in matters related to dischargeability of student loans[.]”) … This activity is relevant due to the 501 c 3 IRS law that determines non-qualified vs. qualified student loan debt. AP ECF No. 294. Denied.

In re Futterman

602 B.R. 465 · United States Bankruptcy Court, S.D. New York · Apr 24, 2019

Article IX clearly states that its terms do not apply when a disposition of collateral occurs pursuant to another statute, which is what happened here. See N.Y.U.C.C. § 9-109. … The Court agrees that proof of such deliberately wrongful conduct would establish a defense to RWN's deficiency claim.

Airlines Reporting Corp. v. Vinogradova (In Re Vinogradova)

270 B.R. 159 · United States Bankruptcy Court, S.D. New York · Nov 16, 2001

ARC maintains an agency list of persons and entities qualified to serve as travel agents and to issue ARC traffic documents. … Section II is clearly not applicable to a transfer of 100% interest in an ARC-approved agency.

In Re Copy Crafters Quickprint, Inc.

92 B.R. 973 · United States Bankruptcy Court, N.D. New York · Oct 14, 1988

Absent a more recent valuation of the property by a qualified individual and an assessment of the collectibility of the accounts receivable, the Court is reluctant to approve a Disclosure Statement premised on an unsupported … Absent other factors, the sale of a debtor’s sole asset, standing alone, does not establish the lack of good faith. See Del Rio Development, Inc. v. First Liberty Financial, Inc.

GAEL SLADKY

United States Bankruptcy Court, D. Arizona · Aug 6, 2021

As recognized by the Arizona Supreme Court, “[t]he defense 13 of the statute of limitations is not to be condemned in any case to which it is clearly and fairly 14 applicable, but a court should not and will not go out … WAB has likewise failed to establish that the November 17, 2015 Email satisfies 26 the promise to pay element because the promise in the November 17, 2015 Email that WAB “be paid in full with interest for [its] note

Matter of Belt

106 B.R. 553 · United States Bankruptcy Court, N.D. Indiana · Aug 28, 1989

The court concluded that the “restitution” to the father was not a legal obligation that would qualify as a debt under § 109(e). … The court’s decision resulted in a finding that Cregut could not qualify as a debtor.

In Re Pacific Homes

20 B.R. 729 · United States Bankruptcy Court, C.D. California · Apr 16, 1982

The expertise of Special Counsel was clearly evident in the Plan that was developed to resolve the many unusual problems normally not encountered in a general Chapter X proceeding. … As noted earlier in this Memorandum, a procedure for the payment of interim fees was established for the accountants.

In Re AppliedTheory Corp.

312 B.R. 225 · United States Bankruptcy Court, S.D. New York · Jul 14, 2004

“Because the presumption in bankruptcy cases is that the debtor’s limited resources will be equally distributed among his creditors, statutory priorities are narrowly construed.” 56 And relying on long established Supreme … Even more clearly, the claimed right fails to meet Bildisco’s requirements, which limit the estate’s exposure to “the reasonable value of those services.”

Smith-Pena v. Wells Fargo Bank, N.A. (In re Smith-Pena)

484 B.R. 512 · United States Bankruptcy Court, D. Massachusetts · Jan 2, 2013

Such a result is entirely inconsistent with the purpose of the MCCCDA. 209 Mass.Code Regs. 32 qualifies the rescission right of obligors (by requiring them to have encumbered their ownership interest in the property) and … Therefore, Regulation Z clearly affords the Debtor, as a mortgagor, a right to rescind the Transaction.

Vans Inc. v. Rosendahl (In Re Rosendahl)

307 B.R. 199 · United States Bankruptcy Court, D. Oregon · Feb 18, 2004

light of his perception of Rosendahl as truth challenged, the Arbitrator noted that he was very careful in evaluating the credibility of other witnesses, including Bair and the representatives of the Chinese factories, who clearly … Parties to an arbitration... are often afforded the opportunity for a hearing before an impartial and qualified officer, at which they may give formal recorded testimony under oath, cross-examine and compel the testimony

Ameriflex Engineering LLC

United States Bankruptcy Court, D. Oregon · Mar 31, 2021

“A matter qualifies as an ‘adversary proceeding,’ as opposed to a ‘contested matter,’ if it is included in the list given in Bankruptcy Rule 7001.” Barrientos v. … Had it done so, counsel, through further questioning, could have explored the alleged inconsistent statements and clearly established or rebutted the claim for perjury. But the time for that analysis has passed.

Irwin v. Beloit Corp. (In Re Harnischfeger Industries, Inc.)

246 B.R. 421 · United States Bankruptcy Court, N.D. Alabama · Feb 29, 2000

.”)- Clearly, then, simply because a court has jurisdiction over a case does not mean that it is the proper venue for the case to be heard. … (C) 30 days after a trustee qualifies in a chapter 11 reorganization case but not later than 180 days after the order for relief. 21 . See Burlingame v.

Bavelis v. Doukas (In re Bavelis)

571 B.R. 278 · United States Bankruptcy Court, S.D. Ohio · Feb 22, 2017

The value of the stock and options was never established, Tr. at 872-75. Mr. … Indeed, if it were otherwise, a defendant would have it in his power to perpetrate a fraud with immunity, depriving the victim of all redress, if he simply has the foresight to include a merger clause in the agreement.

Li v. Chu

United States Bankruptcy Court, D. Maryland · Aug 29, 2019

Accordingly, to obtain relief under Section 523(a)(4), Plaintiff “must establish that [Defendants were] acting in a fiduciary capacity. . . … Instead, Plaintiff alleged in the State Court Complaint the existence of an informal relationship of trust between the parties, which clearly does not qualify as a fiduciary relationship as the term is used in Section 523

Gouveia v. Internal Revenue Service of the United States (In Re Quality Health Care)

215 B.R. 543 · United States Bankruptcy Court, N.D. Indiana · Jul 28, 1997

Gouveia, was appointed trustee in the above-entitled action and duly qualified as such on May 7, 1996. 3. … Clearly, enforcement or assignment of the right to payment by the debtor would be inconsistent with the purpose of the levy.

OLD ANR, LLC

United States Bankruptcy Court, E.D. Virginia · May 17, 2019

Trustee clearly had standing to bring the motion. … There a plaintiff brought a claim of fraud on the court pursuant to Federal Rule 60(b) relying on Hazel-Atlas to establish standing. Id. at 505.

In re Asbestos Corporation Limited

United States Bankruptcy Court, S.D. New York · Sep 3, 2026

protection as embodying “three basic principles: ‘the just treatment of all holders of 3 The Court notes that the Asbestos Claims Bar Date Order applies to persons who have been diagnosed with symptoms or an injury that qualifies … There are aspects of the claims process that the Court does not believe have been clearly communicated to asbestos claimants and potential asbestos claimants which were mentioned at the hearing on the Motion.

In Re Wiersma

283 B.R. 294 · United States Bankruptcy Court, D. Idaho · Sep 20, 2002

In interpreting this provision, the Idaho courts have drawn a distinction between claims that are based in contract, and therefore qualify for an award of fees as “commercial transactions”, and those arising in tort, for … Clearly, the contract is integral to these claims. Powell, 937 P.2d at 441 .