Case law

In Re I.G. Services Ltd.

244 B.R. 377 · United States Bankruptcy Court, W.D. Texas · Jan 18, 2000

Case law clearly establishes that the press has no greater right of access to public records than does the general public. See Branzburg v. … The Confidentiality Order qualifies as an order granting “other appropriate relief,” to wit, eliminating a substantial impediment to active creditor participation, thus advancing the salutary end of just treatment of investor

Trevor George Ross and Sarah Staton Ross

United States Bankruptcy Court, W.D. Virginia · Nov 22, 2021

Based on these findings, the court held that the debtor was “a mechanic qualified to exempt the tools of his trade under Virginia Code § 34-26.” Id. at 210. … Further, the debtor failed to clearly establish how many times he used the boat for crabbing in 1982. Id.

CERx Pharmacy Partners, LP v. Provider Meds, LP (In re Providerx of Grapevine, LLC)

498 B.R. 118 · United States Bankruptcy Court, N.D. Texas · Aug 2, 2013

Stephen’s declaration, Stephens Declaration at ¶¶ 2-4; CERx App. 817, the Court concludes that CERx has established that Mr. … Here, it clearly refers back to the previously and immediately-listed patent applications.

O.W. Bunker Holding North America Inc. and O.W. Bunker USA Inc.

United States Bankruptcy Court, D. Connecticut · Aug 19, 2019

According to the UK Supreme Court, The qualification clearly reflects a reality. Bunker suppliers know that bunkers are for use. … The contract here was clearly for the sale of bunker fuel, which the parties agree qualify as “goods” pursuant to section 503(b)(9).

In re Toxvard

485 B.R. 423 · United States Bankruptcy Court, D. Colorado · Jan 9, 2013

The Court notes the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) amended § 1325(b) to establish requirements for Chapter 13 plan payments, where the plan does not provide for full payment of … The Debtor’s joint ownership interest in the Jeep Wrangler qualifies the Jeep as a household expense of the Debtor, and therefore, the Debtor must include the amount Mr.

Martin v. Hauck (In re Hauck)

466 B.R. 151 · United States Bankruptcy Court, D. Colorado · Jan 13, 2012

The Defendants, both real estate agents, told the Plaintiff she could not qualify for a traditional mortgage loan and offered to purchase the Property from her in exchange for rent payments from the Plaintiff. … In the absence of a bankruptcy proceeding, the creditor would never have had any reason to establish the elements required to defeat discharge.

In Re Chicago Partnership Board, Inc.

237 B.R. 726 · United States Bankruptcy Court, N.D. Illinois · Aug 17, 1999

See also Omni Mut, 193 B.R. at 682 (noting that it was uncontested that the limited partnership interests were not registered with the SEC and thus failed to qualify as a “security” pursuant to SIPA). … When forced to choose between a specific statutory provision and a general savings clause, the Court should err on the side of the specific provision in the belief that it reflects congressional intent more clearly.

Mattera v. Blum (In Re Mattera)

128 B.R. 107 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 18, 1991

Robert Ludwig (“Ludwig”), the Debtor’s well-qualified appraiser, 3 testified that, at the time of the sheriff’s sale, the Home was worth at least $67,000. … The Debtor clearly had no TILA claim against these parties. Therefore, CLS has no right to recover any portion of its attorney’s fees from the K, H & W Defendants.

Dignity Health v. Seare (In re Seare)

493 B.R. 158 · United States Bankruptcy Court, D. Nevada · Apr 9, 2013

“In a new client-lawyer relationship, ... an understanding as to fees and expenses must be promptly established.” ABA Model Rule 1.5 cmt. 2. … The Retainer Agreement did not “clearly and conspicuously” explain the scope of services and fees. Id. § (a)(1).

Arney v. Moran (In Re Moran)

120 B.R. 379 · United States Bankruptcy Court, W.D. Virginia · Oct 26, 1990

But there are occasions when the limited liability sought to be obtained through the corporation will be qualified or denied. Mr. … Further, the elements for establishing fraud are well known.

Camelot Music, Inc. v. MHW Advertising & Public Relations, Inc. (In Re CM Holdings, Inc.)

264 B.R. 141 · United States Bankruptcy Court, D. Delaware · Aug 28, 2000

The payments were clearly made within ninety days of the filing date as the payments were made on August 5, 1996 and Camelot filed for bankruptcy relief on August 9, 1996. … Clearly, MHW’s administrative expense claim did not arise prepetition pursuant to § 101(10)(A) and § 101(10)(B) sets forth, inter alia, the same postpetition exceptions that qualified for treatment under § 502(d) as addressed

Black Diamond Energy of Delaware, Inc.

United States Bankruptcy Court, W.D. Pennsylvania · Nov 27, 2024

Sovereign immunity is expressly abrogated as to governmental units with respect to section 362. See 11 U.S.C. § 106(a)(1). 106 See In re Univ. Med. … At the very least, this provision establishes that the Act applies to federal wells in Wyoming under some circumstances.

Taylor v. Snyder (In re Snyder)

542 B.R. 429 · United States Bankruptcy Court, N.D. Illinois · Dec 7, 2015

The Debtor was clearly aware that she had not completed the project and yet personally prepared and recorded a statement of claim for mechanics lien in December 2007 that falsely stated that the “job was completed on the … Moreover, the court found that “knowledge that legal rights are being violated is insufficient to establish malice.” Id.

In re Westby

473 B.R. 392 · United States Bankruptcy Court, D. Kansas · Apr 4, 2012

It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent with the partial acts of the states.” 59 The Court concluded that, “until the power to pass uniform laws on the subject … The national purpose to establish uniformity necessarily excludes state regulation.

SE Property Holdings, LLC v. Stewart

United States Bankruptcy Court, W.D. Oklahoma · Oct 5, 2023

Only evidence that is “clearly inadmissible on all potential grounds” should be excluded on a motion in limine. … The proponent of the evidence bears the burden of establishing that the admissibility requirements are met by a preponderance of the evidence. See Bourjaily v.

Brooks-Hamilton v. City of Oakland (In Re Brooks-Hamilton)

348 B.R. 512 · United States Bankruptcy Court, N.D. California · Aug 25, 2006

The recordation of the Grant Deeds may clearly be avoided under 11 U.S.C. § 549 . … This qualifies as the exercise of control over the real property.

Sarachek v. Right Place, Inc. (In re Agriprocessors, Inc.)

479 B.R. 835 · United States Bankruptcy Court, N.D. Iowa · Jul 12, 2012

Congress provided a specific, but not limited, list of matters that qualify as “core proceedings” in 28 U.S.C. § 157 (b)(2). In re AFY, 461 B.R. at 547 . … Thus, as the statute specifically establishes, bankruptcy courts have final dis-positive authority over core proceedings.

Caldwell v. Hanes (In Re Hanes)

214 B.R. 786 · United States Bankruptcy Court, E.D. Virginia · Sep 17, 1997

It is well established in this Court that in order to prevail in a claim under § 523(a)(2)(A), the plaintiff must establish: (1) that the debtor made representations; (2) that at the time of making the representations, the … Crummey holds that transfers by a grantor to a trust qualify for the annual gift tax exclusion, if the beneficiaries have a limited right to obtain all of part of the gift upon demand.

Drake v. Franklin Equipment Co. (In Re Franklin Equipment Co.)

418 B.R. 176 · United States Bankruptcy Court, E.D. Virginia · Oct 2, 2009

Clearly, this designation could not have been established to document advances under the [April 23, 2008] Note, as the designation appears on some of the Promissory Notes dated prior to April 23, 2008 (the date on which the … course of performance or course of dealing between the parties ... is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify

Purewal v. Estate of Kanwaldeep Kalsi

United States Bankruptcy Court, S.D. New York · Mar 3, 2022

established in the Bankruptcy Code. … “In order to qualify as a domestic support obligation, all four requirements must be satisfied.” Romano v. Romano (In re Romano), 548 B.R. 39, 46 (Bankr. S.D.N.Y. 2016).