Case law

Karaeff v. Hart (In re Hart)

533 B.R. 765 · United States Bankruptcy Court, N.D. California · Jul 16, 2015

According to Karaeff, when the loan officer at her bank told her she would only qualify for a $60,000 loan, Debra Hart directed her to a loan officer whom she knew at WAMU. … Under these facts, justifiable reliance is established without difficulty.

In Re Kansas Personal Communication Services, Ltd.

252 B.R. 179 · United States Bankruptcy Court, D. Kansas · Aug 16, 2000

The court concluded that this was a regulatory action to effectuate the public policy of allowing tax exempt status only to qualifying entities. … (In re Gull Air, Inc.), 890 F.2d 1255, 1260 (1st Cir.1989)(debtor's proprietary interest in airport landing slots issued by FAA held subject to use conditions established by FAA regulations).

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.

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.

In re: Pat McGrath Cosmetics LLC

United States Bankruptcy Court, S.D. Florida. · Apr 21, 2026

The Supreme Court expressly declined to “express a view on what qualifies as a consensual release or pass upon a plan that provides for the full satisfaction of claims against a third-party nondebtor.” Id. … Opt-Out Some courts have approved opt-out mechanisms as sufficient to establish consent.

Universal Pontiac-Buick-GMC Truck Inc. v. Routson (In Re Routson)

160 B.R. 595 · United States Bankruptcy Court, D. Minnesota · Oct 25, 1993

Routson has not established a right to recoupment against any of the damages. Y. DISPOSITION. … The description should be qualified to exclude financially harmful conduct that involves exceptional circumstances, which tend to neutralize otherwise "aggravated features.”

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.

Zaremba v. Federal Insurance (In Re Continental Capital Investment Services, Inc.)

439 B.R. 111 · United States Bankruptcy Court, N.D. Ohio · Sep 30, 2010

At issue in Hood was whether a state’s sovereign immunity prohibited a bankruptcy court’s in rem jurisdiction to determine the dischargeability of a student loan debt. Id. … Those reports clearly trace each customer claim payment as having been made from the Berthel Proceeds, not the Chubb Proceeds, including the $210,000 payment made after this proceeding was commenced.

Leonard v. Optimal Payments Ltd. (In Re National Audit Defense Network)

332 B.R. 896 · United States Bankruptcy Court, D. Nevada · Jun 23, 2005

Does posting a website on the Internet establish the “minimum contacts” necessary for jurisdiction everywhere? … Clearly, if such a relationship existed, and the estate had any legal interest in property held by Optimal (that is, if Optimal held estate property), the Trustee could seek its recovery in a turnover action using Section

In Re Midwest Processing Co.

41 B.R. 90 · United States Bankruptcy Court, D. North Dakota · May 24, 1984

Since there are three qualified petitioners which support the involuntary petition in this proceeding, the court will address the merits of that petition. II. … In this instance, Basin Electric clearly knew as of March 20, 1984, that Midwest’s financial troubles were not isolated to its relationship with Basin.

Macejko v. Laconi

United States Bankruptcy Court, N.D. Ohio · Jan 18, 2024

A Plaintiff moving for summary judgment must establish all essential elements supporting its claim in this fashion; a defendant must establish that any one (or more) essential elements of Plaintiff’s claim fails, or establish … To qualify as a bona fide purchaser in Ohio, a buyer must meet several criteria. “[A] bona fide purchase involves three elements, (1) a valuable consideration, (2) good faith and (3) absence of notice.”

In re Dev

593 B.R. 435 · United States Bankruptcy Court, E.D. North Carolina · Oct 26, 2018

The court *441 began by noting that the subsections of § 362(a) differentiate clearly between the stay of acts against the debtor, against property of the debtor, and against property of the estate, and the distinction is … Dev's equitable distribution action qualify as "actions taken" as that phrase is interpreted by Paschal .

In re Milbourne

557 B.R. 376 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 7, 2016

The Debtor argues that this provision “clearly limits reimbursement for attorneys fees and costs from unit owners to those in connection with actions and proceedings against a unit owner.” Debtor’s Second Suppl. Mem. 5. … Although the Court agrees that WCCA’s post-petition attorneys’ claims do not qualify as administrative expenses under § 503(b), they may be allowed under § 506(b) to the extent of the value of the underlying collateral, subject

In re: Amro M. Samy and Darla G. Samy

United States Bankruptcy Court, D. Kansas · Oct 27, 2025

percent federal income tax penalty may apply to taxable income received before age 59½. . . .18 Debtors have made no payments on the policies since they were established … prohibit a debtor from claiming that more than one vehicle would qualify as exempt.

Gray v. Chace (In Re Boston Publishing Co.)

209 B.R. 157 · United States Bankruptcy Court, D. Massachusetts · May 2, 1997

Applying the clearly erroneous standard of review, the court in Lamar Haddox reversed the bankruptcy court’s determination that the debtor was insolvent at the time of the alleged preferential transfers. … The court framed the issue as follows: whether executing a personal guarantee to a lending institution, to enable the debtor to obtain additional credit which it would not otherwise have been accorded, qualifies as providing

In Re 203 North LaSalle Street Ltd. Partnership

190 B.R. 567 · United States Bankruptcy Court, N.D. Illinois · Dec 5, 1995

Clearly, the debtor still hopes to establish a revolving loan arrangement with the bank, and the plan sets up the mechanism for such an arrangement. … The language of the subsection clearly establishes its reach: “[T]he feasibility standard is whether the plan offers a reasonable assurance of success. Success need not be guaranteed.” Kane v.

In re Robert Plan Corp.

493 B.R. 674 · United States Bankruptcy Court, E.D. New York · Aug 20, 2012

The Trustee was duly appointed and qualified as acting trustee for both cases. By order entered on September 9, 2010, the Debtors’ cases were substantively consolidated. … Third, “ ‘when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective.’ ” F.C.C. v.

In re W.J. Bradley Mortgage Capital, LLC

598 B.R. 150 · United States Bankruptcy Court, D. Delaware · Feb 1, 2019

While exculpatory provisions may immunize directors, officers and managers from liability on duty of care claims, they do not for the breach of the duty of loyalty or good faith claims. Id. … This would clearly be fatal to the Trustee's claim here. Nevertheless, at the motion to dismiss stage, "determination of the precise boundaries of each D & O Defendant's ... fiduciary duties is premature...

Soul Wellness LLC

United States Bankruptcy Court, S.D. Florida. · Apr 25, 2025

The “retainer” in section 328 is not qualified by any pre-petition payment requirement. … See id.; see also In re Knudsen, 84 B.R. 668, 672–73 (B.A.P. 9th Cir. 1988) (holding that an applicant seeking approval of an evergreen retainer agreement bears the burden of establishing that the

In re Tabor

583 B.R. 155 · United States Bankruptcy Court, N.D. Illinois · Apr 11, 2018

The court determined that this argument lacked merit as Schaller did not establish the collateral estoppel elements. … Such matters clearly strike to the central objectives of the Bankruptcy Code.