Case law

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.

Grochocinski v. Spehar Capital, LLC (In Re CMGT, Inc.)

458 B.R. 473 · United States Bankruptcy Court, N.D. Illinois · Oct 18, 2011

Clearly, the Trustee filed the Adversary Proceeding because he believed that Spehar did not have a valid pre-petition lien on CMGT’s assets. … The standard for objective bad faith, on the other hand, “does not require a finding of malice or ill will; reckless indifference to the law will qualify.” Id.

In re: Palmas del Mar Country Club, Inc.

United States Bankruptcy Court, D. Puerto Rico · Dec 29, 2010

as priority claims and that the members got what they paid for the moment it was paid, 18 19 that is, membership in the club, therefore they do not qualify … Id. at ¶ 507.09[1]. 12 13 There are situations that are clearly within the scope of the statute, such as, consumer 14

The Roman Catholic Church for the Archdiocese of N

United States Bankruptcy Court, E.D. Louisiana · Aug 4, 2021

to establish a prima case under this chapter, whichever is in the best interests of creditors and the estate, if the movant establishes cause … Nov. 23, 2010) (quoting pre-Bankruptcy Corrections Act § 1112(b) and finding that “the statutory framework establishes that the initial burden to establish ‘cause’ lies with the [movant] here, and if the [movant] establishes

Small v. Elliott-Ottinger Construction Co. (In Re Phillips House Associates, Inc.)

64 B.R. 912 · United States Bankruptcy Court, W.D. Missouri · Sep 4, 1986

clear up the question 9 ; and that, if he were to embark upon a course of reorganization, it would be essential to the formulation of a plan of reorganization that the priority between the competing lien claimants have been established … As this court has previously indicated, in Matter of Transport-Clearings-Midwest, Inc., 41 B.R. 528, 536, 537, 539 (Bkrtcy.W.D.Mo. 1984): “[If the bankruptcy court] must somehow be held to be qualified to exercise the jurisdiction

Silver Dollar Sales, Inc. v. Olson

United States Bankruptcy Court, W.D. Texas · Dec 20, 2023

If the Mississippi Judgment preclusively establishes each element of Silver Dollar’s § 523(a)(2)(A), (a)(2)(B), and (a)(6) claims, and Olson cannot establish any dispute as to a material fact in Silver Dollar’s Amended … Once Silver Dollar has established that the Mississippi Judgment collaterally estops denial of its § 523(a) claims, the burden of proof then shifts to Olson to establish a disputed material fact, if any, to Silver Dollar

Claridge Assocs., LLC v. Schepis (In re Pursuit Capital Mgmt., LLC)

595 B.R. 631 · United States Bankruptcy Court, D. Delaware · Nov 2, 2018

shareholder derivative action. 143 As is evident, these standards are not identical and the Commodore requirement is a lesser standard than the Fogel requirement. 144 My approval of the Agreement using the § 363 standard clearly … My ruling as well as the evidence to support it clearly reflects the Trustee's consent.

Herzog v. Leighton Holdings, Ltd. (In Re Kids Creek Partners, L.P.)

212 B.R. 898 · United States Bankruptcy Court, N.D. Illinois · Sep 23, 1997

Moreover, the facts clearly establish that the dissolution of KCPLP was caused not by Leighton’s cessation of funding, but by mismanagement, noncompliance with commitments to the lender, and threat of an overwhelming capital … However, the weight of evidence did not establish that McNab agreed that Leighton *930 would become an investor, and the loan documents clearly and precisely established a lending relationship, not ownership.

Kirby v. 21st Mortg. Corp. (In re Kirby)

589 B.R. 456 · United States Bankruptcy Court, D. Maine · Jun 26, 2018

The Mortgage was modified by an agreement effective as of February 1, 2010, which established a new principal balance of $234,657.02. 4. … They clearly state an amount due and a due date. They threaten that a late fee will be added if payments are not made by the middle of the month. They state that they are attempts to collect a debt.

Lain v. Watt (In re Dune Energy, Inc.)

575 B.R. 716 · United States Bankruptcy Court, W.D. Texas · Aug 24, 2017

The evidence clearly showed that the State Court can timely adjudicate the Suit. … Thus, state courts are qualified to interpret the language of bankruptcy plans and orders and routinely engage in such interpretation.” 2005 WL 1155073 at *3.

S & O Investments, Inc.

United States Bankruptcy Court, D. Kansas · Mar 11, 2025

Certainly, each Debtor needs qualified counsel to lead their reorganization efforts. The Court has no doubt the counsel proposed by each Debtor is professionally qualified. … Equip., Inc., 23 F.3d 311, 318 (10th Cir. 1994) (“An applicant under § 327(a) has the burden of establishing by application and accompanying affidavit that its chosen professional is qualified.”).

Samys OC, LLC

United States Bankruptcy Court, D. Kansas · Mar 11, 2025

Certainly, each Debtor needs qualified counsel to lead their reorganization efforts. The Court has no doubt the counsel proposed by each Debtor is professionally qualified. … Equip., Inc., 23 F.3d 311, 318 (10th Cir. 1994) (“An applicant under § 327(a) has the burden of establishing by application and accompanying affidavit that its chosen professional is qualified.”).

In Re Goldblatt Bros., Inc.

66 B.R. 337 · United States Bankruptcy Court, N.D. Illinois · Sep 24, 1986

Consequently, it is sufficient to establish facts and circumstances to enable a court to estimate, based upon its judgment, the amount of damages incurred. See C.D. Stimson v. Porter, supra at 414. … This amount is clearly allocable under the statute and there is no dispute on that point. Id. 465 F.Supp. 629 , 633.

Roach v. Edge (In Re Edge)

60 B.R. 690 · United States Bankruptcy Court, M.D. Tennessee · May 9, 1986

The opinion states clearly that a right of action does not accrue until discovery of the injury.... … In Leeds, a Delaware corporation doing business in Tennessee without qualifying as a foreign corporation asserted a contract claim against a debtor in bankruptcy.

In re: Edgar Abner Reyes Colon

United States Bankruptcy Court, D. Puerto Rico · Sep 2, 2016

The evidence before 18 this court clearly shows that the reasons leading to the filing of the involuntary petition are the 19 … The number of petitioning creditors depends on the 25 number of creditors holding qualified claims. Hon. Joan N. Feeney, Hon.

WTE-S & S Ag Enterprises, LLC v. GHD, Inc. (In re WTE-S & S Ag Enterprises, LLC)

575 B.R. 397 · United States Bankruptcy Court, N.D. Illinois · Aug 18, 2017

Of equal significance, the “economic waste” doctrine clearly applies to the facts of this case. … However, his basis for that conclusion was not clearly articulated.

In Re Palace Quality Services Industries, Inc.

283 B.R. 868 · United States Bankruptcy Court, E.D. Michigan · Oct 9, 2002

Clearly, therefore, upon the filing of the bankruptcy petition, a lease becomes property of the estate. … The test for whether a claim qualifies as an administrative expense is set forth in In re Mammoth Mart, Inc., 536 F.2d 950 (1st Cir.1976).

DeGiacomo v. Raymond C. Green, Inc. (In re Inofin Inc.)

512 B.R. 19 · United States Bankruptcy Court, D. Massachusetts · Jun 12, 2014

Laws ch. 106, § 9 -20S(b)(3)(A), the decision in Clearly Canadian Beverage Corp. v. … These agreements qualify as instruments and hence also are included among the chattel paper in this case.

In Re WHET, Inc.

58 B.R. 278 · United States Bankruptcy Court, D. Massachusetts · Feb 25, 1986

General calls are the exact problem and would be clearly identified so that whether they were, for example, trustee’s business or counsel work, could more readily be determined. … Bishop, 635 F.2d 915, 919-20 (1st Cir.1980), the fee-setting court first establishes a “threshold point of reference” or “lodestar”, which is the number of hours reasonably spent by each attorney multiplied by his reasonable

CF & I Steel Corp. v. Conners (In Re CF & I Fabricators of Utah Inc.)

163 B.R. 858 · United States Bankruptcy Court, D. Utah · Jan 13, 1994

The 1974 Benefit Plan therefore qualifies as an entity for whose benefit the transfers were made as set forth in § 550(a)(1). … A company may still be in business even if it satisfied #2 if circumstances clearly indicate that the company remains in business.