Case law

Sugarman v. IRZ Consulting, LLC

United States Bankruptcy Court, E.D. California · Apr 24, 2025

immunity). … Oskar, 247 F.3d 986, 992 (9th Cir. 2001). 8 Applying these standards to the evidence presented on this 9 second motion for summary judgment, establishes genuine issues of 10

Originala Petroleum Corp. v. Beta Financial & Investments Corp. (In Re Originala Petroleum Corp.)

39 B.R. 1003 · United States Bankruptcy Court, N.D. Texas · May 11, 1984

In equity, the court ruled, a plaintiff need not establish all the elements of actionable fraud required in a suit for monetary damages. … The court held at 999: Clearly plaintiff should not prevail if India has a bona fide legal claim of breach of contract...

In Re Save Our Springs (S.O.S.) Alliance, Inc.

388 B.R. 202 · United States Bankruptcy Court, W.D. Texas · Apr 11, 2008

a single class and its rejecting vote would control the acceptance or rejection of that class, and (2) because there are no other impaired accepting classes except when the claims of insiders are considered, there is no qualifying … Clearly, the better practice would have been for an order extending the time period to have been signed and entered on November 5, 2007.

United Furniture Industries, Inc.

United States Bankruptcy Court, N.D. Mississippi · Jan 27, 2023

Wells Fargo failed to meet its burden to show that UFI’s prepetition activity amounted to bad faith or that UFI’s postpetition activity established “cause.” … In 13 The Court considered the fact that at least one Creditor recovered trailers with inventory at a UFI facility at some point prior to the filing of the Involuntary Petition, which was clearly a consequence of

Redmond v. M & I Marshall & Ilsley Bank (In Re Coffelt)

395 B.R. 133 · United States Bankruptcy Court, D. Kansas · Sep 30, 2008

The affidavit may not incorporate another document, such as the contract for deed itself, to establish the interest. … The statute clearly states the mortgage cannot be enforced in a court of law without a fee payment. Those seeking protection of the notice system must pay for it.

Baxter v. Baxter

United States Bankruptcy Court, W.D. Oklahoma · Jan 26, 2023

In order to establish that a debt for attorney fees and costs is “in the nature of alimony, maintenance or support” of a debtor's child, a plaintiff must establish that the attorney fees and costs were awarded to a parent … Yeates, 807 F.2d at 878 (debt could be considered in `nature of support’ under federal bankruptcy law, even though it would not qualify as support under state law).

In re Spenlinhauer

573 B.R. 343 · United States Bankruptcy Court, D. Massachusetts · Sep 8, 2017

Exhibit C [the IRS’s issuance of an EIN number for Georgia Spenlinhauer’s estate] clearly states that Form 1041 was due on April 15, 2006. Since Mr. … In view of this expansive definition of the term "claim,” we have no difficulty characterizing the gift taxes as a disputed right to payment, thus qualifying as a “debt” that can be excepted from discharge under § 523.

Buckley v. Transamerica Investment Corp. (In Re Southern Kitchens, Inc.)

216 B.R. 819 · United States Bankruptcy Court, D. Minnesota · Feb 26, 1998

However, the Defendants clearly seek to affix blame to her, to defeat the Plaintiffs various claims on their causation element. … It was and is not qualified under § 327(e) to represent the estate on this adversary proceeding, and must be removed. 2.

In Re Stoecker

151 B.R. 989 · United States Bankruptcy Court, N.D. Illinois · Feb 23, 1993

The Department maintains, however, that by previously filing responsible officer tax claims, it has clearly evidenced its intention of claiming any and all responsible officer liability against the Debtor and his bankruptcy … Although Danielson did not decide the issues raised here, it expressly references Bankruptcy Rule 3002(c), noting that the Seventh Circuit regularly holds that sloth, ignorance or other negligence does not qualify as excusable

In Re Central Ice Cream Co.

59 B.R. 476 · United States Bankruptcy Court, N.D. Illinois · Jan 23, 1986

Chaitman is the duly appointed, qualified and acting Trustee of Central. … Refusing this settlement would clearly mean the risk of such faltering in the future.

Blake v. Wolfe

United States Bankruptcy Court, W.D. Pennsylvania · Jun 2, 2022

As discussed elsewhere in this Memorandum Opinion, the Court had the benefit of the Leicher testimony which clearly established to the Court’s satisfaction that a qualified and competent contractor would have had no difficulty … The evidence clearly supports a finding that the Defendant engaged in the implied misrepresentation or omission with the intent and purpose of deceiving the Plaintiffs.

GGI Props., LLC v. City of Millville (In re GGI Props., LLC)

588 B.R. 401 · United States Bankruptcy Court, D. New Jersey · Jun 6, 2018

However, if "a litigant establishes evidence to support a finding of a 'reasonable probability' or 'likelihood' that the contingencies would be fulfilled, then the contract's relevance and admissibility would be established … Brooks stated that he worked in demolition, he was not qualified as an expert, see Fed. R. Evid. 702, and otherwise his testimony was confused. Mr.

Phyllis Adele Johnson

United States Bankruptcy Court, W.D. Virginia · Jul 27, 2020

The Debtor and Carter agreed that they would search for properties that would qualify for participation in the historic tax credit program. … The parties originally intended to renovate the two properties, qualify for the historic tax credits, and then sell the properties.

Bourdeau Brothers, Inc. v. Joanette

United States Bankruptcy Court, N.D. New York · Feb 12, 2025

qualifies. … Bourdeau has failed to meet its burden of establishing that the extraordinary remedy of marshaling is equitable.

Hodgin v. Conlin (In Re Conlin)

294 B.R. 88 · United States Bankruptcy Court, D. Minnesota · Jun 16, 2003

The NEIS literature paints a clean picture of a well-established, highly diversified and powerful, global investment company. … “To qualify as a false representation or false pretense under 11 U.S.C. § 523 (a)(2)(A), the statement must relate to a present or past fact.” Gadtke v.

Calyon New York Branch v. American Home Mortgage Corp. (In Re American Home Mortgage, Inc.)

379 B.R. 503 · United States Bankruptcy Court, D. Delaware · Jan 4, 2008

parties so that their reasonable expectations will be realized.” 37 The starting point in gleaning the parties’ intent is the same as that in statutory interpretation— plain meaning: Where the intention of the parties is clearly … The evidence established that mortgage loans can be bought and sold on either a “servicing retained” or a “servicing released” basis.

Rite Aid Corporation

United States Bankruptcy Court, D. New Jersey · Jun 25, 2024

After the Motion was filed, the Court held a status conference and established a framework and timeline for submissions and discovery. … The parties signed Amendment 15 to the APA on January 31, 2024—Paragraph 3 of which clearly establishes that “the Estimated Closing Working Capital shall be deemed to be an amount equal to negative $192,288,920.”

Landrum-Ellis

United States Bankruptcy Court, N.D. Oklahoma · Jan 12, 2026

D.N.J. 2002) (“[I]t would be no small rupture in the policy voiding waivers if an attorney were permitted to assert the waiver as a misrepresentation qualifying the fee-based debt for a § 523(a)(2)(A) exception to discharge … While no evidence was presented of how much Defendant ultimately received from the divorce settlement, it was clearly less than she had anticipated.

Trevino v. HSBC Mortgage Services, Inc. (In re Trevino)

535 B.R. 110 · United States Bankruptcy Court, S.D. Texas · Jul 31, 2015

As a mortgage servicing company, HSBC would not qualify as a debt collector if it obtained the note from Crevecor Mortgage, Inc. while it was not in default. … By the use of the word ‘including’ in the statute, Congress clearly indicated that attorney’s fees are to be considered actual damages. See Sternberg v.

Skyline Air Ops, Inc. v. Conkle

United States Bankruptcy Court, W.D. Oklahoma · May 28, 2025

Skyline clearly felt Allen’s testimony established its Section 523(a)(2)(A) and (a)(6) claims, but Skyline was mistaken. … To qualify as a willful injury under Section 523(a)(6), “there must be a deliberate or intentional injury, not merely a ‘deliberate or intentional act that leads to injury.’” First Am.Title Ins. Co. v.