Case law

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.

Cech v. Marker (In Re Marker)

142 B.R. 734 · United States Bankruptcy Court, W.D. Pennsylvania · Jul 22, 1992

The document was not notarized, and clearly was not notarized by GEM employee Joy Bell. … Unless qualified in some way, it is properly the transfer of an entire interest in an estate, chattel, or thing. See In re Purman’s Estate, 358 Pa. 187, 190 , 56 A.2d 86, 88 (1948).

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.

Stone Street Capital, Inc. v. Granati (In Re Granati)

270 B.R. 575 · United States Bankruptcy Court, E.D. Virginia · Sep 1, 2001

An excerpt from a decision of the Social Security Administration Office of Hearings and Appeals dated November 27, 1998, states that the debtor, although not qualifying for Social Security disability payments, nevertheless … Here, the debtor’s redirection of the settlement payments to her own account and her expenditure of those funds for her own benefit were clearly intentional acts.

Gill v. Nelnet Loan Services, Inc. (In Re Gill)

326 B.R. 611 · United States Bankruptcy Court, E.D. Virginia · Jun 21, 2005

Gill could qualify for Medicare coverage. The entire amount of wages listed on the 2004 tax return, $26,984.00, was earned by Mrs. Gill, she testified. Mrs. … Gill’s condition is clearly the result of his accident. The Court finds Mr.

Yao v. Kao

United States Bankruptcy Court, S.D. New York · Feb 6, 2020

Still, in chapter 7 cases, the determination whether a debt qualifies as a domestic support obligation or a different type of obligation resulting from a divorce or separation “is of no consequence, as all of these debts … Section 553, moreover, does not expand nonbankruptcy rights and clearly provides that the automatic stay provisions of section 362 limit post-petition setoff rights, requiring creditors to obtain court permission before

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).

Frontier Communications Corporation

United States Bankruptcy Court, S.D. New York · Dec 1, 2023

Malibu”) held copyrights to a vast library of adult content, and was notorious for using such subpoenas to (1) identify individual users via their IP address and (2) seek “quick, out-of-court settlements” using tactics “clearly … Without a subpoena, ISPs who qualify as “cable operators” under 47 U.S.C. § 522(5), such as Frontier, are “effectively prohibited by 47 U.S.C. § 551(c) from disclosing the identities of [Subscribers] to [Movie Company Claimants

Burm v. Johnson (In re Burm)

554 B.R. 5 · United States Bankruptcy Court, D. Massachusetts · Jul 12, 2016

The party objecting to a claim bears the initial burden of producing evidence to establish grounds for disallowance. Juniper Dev. Grp. v. Kahn (In re Hemingway Transp., Inc.), 993 F.2d 915, 925 (1st Cir.1993). … Instead, she is *13 clearly seeking a determination that the notes and mortgages are void or unenforceable. .

Kanwaldeep Singh 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).

In re Old Carco LLC

538 B.R. 674 · United States Bankruptcy Court, S.D. New York · Oct 8, 2015

After quoting from paragraph 35 of the Sale Order, which unambiguously immunized New Chrysler from successor liability, District Judge McMahon phrased the question in the following way: “whether the rights the dealers seek … Retroactivity Indiana (but not Illinois) contends that case law may be applied retroactively in limited circumstances and the three-part test established in Chevron Oil Co. v.

D/C Distribution, LLC

United States Bankruptcy Court, N.D. Illinois · Jul 21, 2020

(“Every plaintiff in federal court must establish that it has standing to assert its claims.”). … In applying the Fernstrom factors, the court is mindful that KLLLC has argued that the Claimants should not qualify for any relief as there is no pending civil action.

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.

Matter of Baldwin-United Corp.

55 B.R. 885 · United States Bankruptcy Court, S.D. Ohio · Dec 13, 1985

Under the Bankruptcy Act of 1898 a claim was required to be both “provable” under § 63 and “allowable” under § 57 in order to qualify for participation in any distribution from the bankruptcy estate. … The guidelines for determining the existence of a property interest are well-established: To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.

Joseph Allen Hartley and Rachel Kay Hartley

United States Bankruptcy Court, D. Nebraska · Aug 20, 2018

“[C]reditors’ entitlements in bankruptcy arise in the first instance from the underlying substantive law creating the debtor’s obligation, subject to any qualifying or contrary provisions of the Bankruptcy Code.” … If the objecting party relies on facts not established by the proof of claim, an affidavit or declaration shall be filed and served with the objection.

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

Trevino v. Caliber Home Loans, Inc. (In re Trevino)

564 B.R. 890 · United States Bankruptcy Court, S.D. Texas · Jan 12, 2017

United States, 891 F.2d 1154 (5th Cir. 1990) (holding that a Rule 59(a) motion must clearly establish either a manifest error of law or fact or must present newly discovered evidence and cannot be used to raise arguments … The proportionality requirement for the scope *919 of discovery under Rule 26 clearly places this type of request within the realm of discovery that can be disallowed.

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.

In Re Dalen

259 B.R. 586 · United States Bankruptcy Court, W.D. Michigan · Mar 12, 2001

court has made an independent assessment as to whether the proposed action represents a prudent decision by the trustee but because the court’s own decision as to what is in the best interests of the estate necessarily immunizes … the decision to establish that no informed business person would have rationally made the decision being challenged.

In Re Resorts International, Inc.

199 B.R. 113 · United States Bankruptcy Court, D. New Jersey · Jun 3, 1996

The operative language of Paragraph 5 of the Deposit Agreement which purports to allocate accrued interest together with the principal is qualified by the phrase “unless *123 provided otherwise herein.” … However, Sections 7.10(a) and (d) of the Plan and Paragraph 3 of the Deposit Agreement clearly allocate the pre-settlement interest income to Resorts, not to the Litigation Trust.