Case law

Fairfield Sentry Limited (In Liquidation) v. Theodoor GGC Amsterdam

United States Bankruptcy Court, S.D. New York · Dec 14, 2020

transaction between non-qualifying participants, the Safe Harbor does not apply. … Once again, the Liquidators’ admission that redemptions were paid by Citco Bank establishes the necessary agency.

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.

Cournoyer v. Elansari

United States Bankruptcy Court, M.D. North Carolina · Apr 22, 2022

Finally, Defendant contends that he does not qualify as a bankruptcy petition preparer. Id. … at 567 (“But it was recognized in the cases cited, as in many others, that freedom of contract is a qualified and not an absolute right.

In re Erving Industries, Inc.

432 B.R. 354 · United States Bankruptcy Court, D. Massachusetts · Apr 7, 2010

And electricity is clearly identifiable, because it is measured by the meter upon delivery. … As a result, it is necessary to clearly specify the kind of resources included in either definition and to establish how environmental claims are verified. Reserve Margin. See Generating Reserve.

In Re NWFX, Inc.

267 B.R. 118 · United States Bankruptcy Court, W.D. Arkansas · Jun 22, 2001

The preponderance of the evidence clearly establishes that Bird knew at the time he prepared the June 25, 1992, motion that he had previously paid himself or the Rose Law Firm $88,000.00 in interim Trustee’s fees, that he … In Mosser , the Court recognized that a trustee may derive some qualified immunity from the “difficult business judgments” he is called upon to make.

In Re Nuclear Imaging Systems, Inc.

260 B.R. 724 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 18, 2000

In order to make the administration of this sweeping program more efficient, Congress authorized the Secretary to contract with private insurance carriers to administer on his behalf the payment of qualifying Part B claims … While not clearly articulated, however, one can construe NPF X, Ine.’s argument regarding its lien priority to suggest that if its lien interest primes the setoff right of the United States in these receivables, the “secured

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.

Ogle v. Comcast Corp. (In re Houston Regional Sports Network, L.P.)

547 B.R. 717 · United States Bankruptcy Court, S.D. Texas · Mar 16, 2016

If this allegation is true, then clearly Com-cast was not so perturbed by the Astros lawsuit that it wanted to stay away from the Debtor. … In defense of the counterclaim, the plaintiff claimed he was immune from all civil liability due to Texas’s absolute privileges for judicial communications.

Manchester v. Neundorf

United States Bankruptcy Court, W.D. Oklahoma · Jan 13, 2022

Under the undisputed facts presented to the Court, the Trustee has met that burden and qualifies as a bona fide purchaser under Oklahoma’s constructive notice law. … The Court recognizes that this is a harsh result; however, clearly established Oklahoma and bankruptcy law mandates the outcome.

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.

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.

Twyman v. Wedlo, Inc.

204 B.R. 1006 · United States Bankruptcy Court, N.D. Alabama · Nov 4, 1996

The Twyman counsel have been the lead counsel and clearly have directed these matters. The Twyman case was filed 19 months before the Chappell cases. … Suits against debtor-defendants are generally considered core proceedings and thus would not qualify as only a "related to” proceeding as required by item 3 above.

In Re Gould

385 B.R. 713 · United States Bankruptcy Court, N.D. California · Mar 31, 2008

In Clark , the debtor described property claimed as exempt as "five lots listed in qualified retirement plan[.]" Id. at 165 . … Analysis of Three Lines of Cases The interplay between §§ 522 and 553 is clearly a difficult issue.

In Re Moss

320 B.R. 143 · United States Bankruptcy Court, E.D. Michigan · Jan 31, 2005

The UST also argued that its present policy is necessary to keep qualified professionals on the panel of trustees. … The services performed concern the sale of the Property, the primary asset of the estate, and were clearly necessary to administration of the estate. The time charged was also reasonable for the services performed.

JLK Construction, LLC v. Premium Merchant Funding 18, LLC, Abe Burger, and Samuel A. Brugman

United States Bankruptcy Court, W.D. Missouri · Oct 15, 2025

Consequently, JLK sufficiently pleads a qualifying relationship under the final constructive fraud element at this stage. … JLK also clearly alleges that PMF is a Delaware limited liability company,68 and an LLC can be an enterprise under the RICO statute. 18 U.S.C. § 1961(4).

Lovelace, III v. CSB Logistics, llc

United States Bankruptcy Court, N.D. Georgia · Aug 2, 2021

Conclusions of Law Any interest Sampson has in the Property by virtue of the Contract is property of Plaintiff’s bankruptcy estate, as the undisputed facts clearly establish … “Under Georgia law, ‘[t]o qualify as a bona fide purchaser for value without notice, a party must have neither actual nor constructive notice of the matter at issue.’”

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.

Davis v. PNC Mortgage, a division of PNC Bank, N.A.

United States Bankruptcy Court, D. Maryland · Jan 29, 2021

PNC’s breach of contract clearly caused other injuries to the Davises that are not susceptible to itemization or arithmetical calculation. … Thus, the Davises have established such damages under the MCPA as well.

In re: Miguel Angel Rivera Rosario

United States Bankruptcy Court, D. Puerto Rico · Nov 9, 2023

“[W]here [] there is a specific assignment of rents given as security, a diversion of any portion of the rents to a party other than the secured party is clearly a diminution of the secured party's interest in the assignment … And, to the extent Debtor is offering as adequate protection a replacement lien on future rents, a lien on the same rents in which Hibiscus already has a lien does not qualify as adequate protection.

In Re Hutter

221 B.R. 632 · United States Bankruptcy Court, D. Connecticut · Jun 3, 1998

Findings of fact must be accepted unless they are clearly erroneous. See; e.g., In re Ionosphere Clubs, Inc., 922 F.2d 984 , 988-89 (2d Cir.1990), cert. denied, 502 U.S. 808 , 112 S.Ct. 50 , 116 L.Ed.2d 28 (1991). … Both Joyce Somm and Coldwell Banker Real Estate Services, Inc. are qualified to market real property in Greenwich, Connecticut.