Case law

Connolly v. Harris Trust Co. (In Re MiniScribe Corp.)

241 B.R. 729 · United States Bankruptcy Court, D. Colorado · Nov 24, 1999

These parties, then, were clearly parties in interest. … Nevertheless, section 326 clearly includes those funds as monies disbursed by the trustee. They are part of the cap.

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

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

Burtch v. Ganz (In Re Mushroom Transportation Co.)

366 B.R. 414 · United States Bankruptcy Court, E.D. Pennsylvania · May 3, 2007

Clearly, the theft of client funds by a member of a law firm constitutes a breach of fiduciary duty. … ‘Where a fiduciary acts upon the advice of counsel, such fact is ‘a factor to be considered in determining good faith, but is not a blanket of immunity in all circumstances’; (citing cases).’

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 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.

TV Azteca, S.A.B. de C.V.

United States Bankruptcy Court, S.D. New York · Nov 20, 2023

The Court finds that the Petitioning Creditors met their initial burden to establish a prima facie case. … The issue as to whether a redemption premium is due and owing is clearly in dispute in the District Court Action.

In re Racing Servs., Inc.

595 B.R. 334 · United States Bankruptcy Court, D. North Dakota · Nov 28, 2018

reverse on appeal only if "clearly erroneous." … Various courts have established different tests to address this question. Id.

Curtis v. The Chapman Family Trust

United States Bankruptcy Court, S.D. Texas · Mar 5, 2021

The Court finds that both under Texas law and § 101(45) of the Bankruptcy Code, Defendants are not relatives of the Debtor, and thus do not qualify as statutory per se insiders, but nevertheless qualify as “non-statutory … As discussed at-length below, Defendants may still qualify as non-statutory insiders.

TV Tokyo Corp. v. 4Kids Entertainment, Inc. (In re 4Kids Entertainment, Inc.)

463 B.R. 610 · United States Bankruptcy Court, S.D. New York · Dec 29, 2011

A wide variety of knowledge and experience can qualify a witness as an expert. … The answer is clearly yes. The Court finds that Mr.

Finishing Touch Carpet One v. Kinney

United States Bankruptcy Court, W.D. Arkansas · Dec 1, 2020

He apparently qualified for a Chapter 7; his means test calculation reflected no presumption of abuse. (Pl.’s Ex. 5, at 58.) … “[I]ntent ‘can be established by circumstantial evidence,’ and ‘statements made with reckless indifference to the truth are regarded as intentionally false.’” Id.

In Re Cannon Express Corp.

280 B.R. 450 · United States Bankruptcy Court, W.D. Arkansas · Jul 3, 2002

Petitioners failed to conduct adequate inquiry prior to filing the petition, and the alleged debt(s) are clearly subject to dispute. … This Court finds that a preponderance of the evidence establishes that Petitioners filed the involuntary petition in bad faith. V.

Cohen v. Un-Ltd. Holdings, Inc. (In Re Nelco, Ltd.)

264 B.R. 790 · United States Bankruptcy Court, E.D. Virginia · Dec 27, 1999

A contract will not be interpreted to inflict unreasonable hardship unless its terms clearly impose the hardship. See 4B Michie’s Jurisprudence, Contracts § 43. … The parties to the TAA are presumed to have meant what their written agreement clearly states. See 4B Michie’s Jurisprudence, Contracts § 45.

WALTON

United States Bankruptcy Court, D. Puerto Rico · Oct 2, 2013

In so finding, the court notes that it has not been established that attorney Olivera filed cases only on behalf of Fundación. … The provision also focuses on debt relief agencies’ use of advertisements, requiring inter alia the agency to clearly identify that the assistance offered may involve bankruptcy relief and to include the following statement

Health Diagnostic Laboratory, Inc.

United States Bankruptcy Court, E.D. Virginia · Jan 4, 2023

Such interim distributions of trust assets, he argues, do not qualify as “disbursements” within the meaning of section 1930(a)(6). … That cause is clearly lacking here.? The Arrowsmith Decl ¥ 10, ECF No. 5619 at 4.

Kravitz v. Samson Energy Company, LLC

United States Bankruptcy Court, D. Delaware · Dec 23, 2020

Put directly, a “financial participant” is “an entity” that has sufficient qualifying transactions “with the debtor or any other entity.” . . . … The language of § 101(22A) clearly sets forth three dates for measuring the amounts of the agreements or transactions: (i) at the time the entity enters into an agreement or transaction, or (ii) the date of filing of

Jimmy Dean Kinney

United States Bankruptcy Court, W.D. Arkansas · Dec 1, 2020

He apparently qualified for a Chapter 7; his means test calculation reflected no presumption of abuse. (Pl.’s Ex. 5, at 58.) … “[I]ntent ‘can be established by circumstantial evidence,’ and ‘statements made with reckless indifference to the truth are regarded as intentionally false.’” Id.

In Re Garman

413 B.R. 215 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 6, 2009

Mayer’s opinion, the trustee is seeking compensation beyond the ceiling established by section 826(a) of the Bankruptcy Code. … Deans, was clearly a factor in the willingness of Ms. Deans and the trustee to enter into the March 2007 settlement with Ms.

Ruthellen W. Rickerson

United States Bankruptcy Court, W.D. Pennsylvania · Dec 14, 2021

In their Motions the Movants raise two arguments as to why the Debtor in this case does not qualify under this definition. … Debtor is an individual and clearly meets that component of the definition. Unfortunately, the Bankruptcy Code does not provide any definitions for the remaining two components to be considered.

In re Harvest Sherwood Food Distributors, Inc., et al. v. Blakemore Investments LLC, Milwaukee Investments LP; Hamilton Meat, LLC, Harvest Meat Company, Inc., Harvest Sherwood Food Distributors, Inc., Sherwood Food Distributors, L.L.C., Western Boxed Meat

United States Bankruptcy Court, N.D. Texas · Nov 13, 2025

Did this create a trust immune from bankruptcy’s “property of the estate” and priority rules? This Court concludes no, as set forth below. E. … This type of privileging of one unsecured claim over another clearly thwarts the principle of ratable distribution underlying the Bankruptcy Code.