Case law

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.

Bickerton v. Bozel S.A. (In Re Bozel S.A.)

434 B.R. 108 · United States Bankruptcy Court, S.D. New York · Aug 4, 2010

Wurth, which clearly articulated the proposition that private agreements that divest shareholders’ ad nuturn right to appoint and revoke directors are null. … Therefore, the Liquidator has established that he has a statutory right under BVI law to exercise control over the stock of the Debtor.

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.

Greene v. U.S. Department of Education (In re Greene)

484 B.R. 98 · United States Bankruptcy Court, E.D. Virginia · Dec 6, 2012

Well qualified and substantiated expert testimony is essential.” Kelsey v. Great Lakes Higher Educ. Corp. … Nov. 30, 2001) (although debtor may testify that she was diagnosed and treated for depression at a past date, such facts have little bearing on her current mental health; debtor is not qualified to establish factually, through

Shaw v. Osborne

United States Bankruptcy Court, M.D. Georgia · Sep 30, 2020

Sanders failed to qualify this representation or explain to Plaintiff that she was not a medical doctor.4 27. … And although evidence at trial established that the two prescription bottle labels reflected “Dr. Sanders” and “Dr.

Harchar v. United States (In Re Harchar)

393 B.R. 160 · United States Bankruptcy Court, N.D. Ohio · Jul 14, 2008

Schulman (In re Freeman), 86 F.3d 478, 481-82 (6th Cir.1996) (tax refund, even though exempt under state law, qualifies as disposable income). … CONCLUSION In the end, it is the Debtors’ burden to establish the existence of a stay violation.

Modi v. Virani

574 B.R. 338 · United States Bankruptcy Court, N.D. Georgia · Jul 21, 2017

Clearly, he argues, the Debtor did not have poor enough credit to keep her from obtaining a $12,000.00 unsecured personal loan. … The source of the remaining $3,000.00 purchase price was never established.

Angus v. Wald (In Re Wald)

208 B.R. 516 · United States Bankruptcy Court, N.D. Alabama · Mar 26, 1997

The defendant contended that the suit was barred because the plaintiff, an Indiana corporation, had failed to qualify to do business in Alabama. … Wright (In re Wright), 187 B.R. 826 (Bankr.D.Conn.1995): The requirement that an issue be “actually litigated” to qualify for collateral estoppel does not imply that preclusion is available only for those issues established

Jennie Adelle Maes

United States Bankruptcy Court, D. Colorado · May 20, 2020

The Court has not received any evidence establishing that any of the conditions for the First POA to become effective occurred. … The burden is on the “next friend” clearly to establish the propriety of his status . . . . Witmore, 495 U.S. at 163-64.

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.

GulfCo of Alabama, LLC d/b/a Tower Loan of Dothan v. Mock

United States Bankruptcy Court, M.D. Alabama · Dec 5, 2022

Because Tower has failed to establish that Mrs. … CONCLUSION For the foregoing reasons, the Court finds that Tower has failed to carry its burden to establish that Mrs.

T.D. Farrell Construction, Inc. v. Schreiber (In re Schreiber)

466 B.R. 903 · United States Bankruptcy Court, S.D. Texas · Jan 26, 2012

Specifically, a subrogee who cannot qualify as a consumer in its own right may not assume the status of its insured for the purposes of pursuing a DTPA claim. Trimble v. Itz, 898 S.W.2d 370, 372 (Tex.App. … Clearly, the absence of this lat *916 ter duty undercuts the argument that the Act seeks to prohibit an agent from spending trust funds for non-trusts purposes without expressly saying so.

Marc E. Dionne, II

United States Bankruptcy Court, D. New Hampshire · May 17, 2024

FACTS The stipulated record establishes the following.1 The Debtor filed his voluntary petition under chapter 13 of title 11 of the United States Code (“Chapter … The record and applicable case law clearly demonstrate that the contributions alone could not support Chapter 13 eligibility under § 109(e). B.

Patriot Grp. v. Fustolo (In re Fustolo)

597 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Feb 4, 2019

Second, he argues that the bankruptcy court's finding that Childrens Dental's assets had some value was clearly erroneous. … Both are well qualified professionals. Their reports, however, are both flawed.

Terrasi-Ruggieri v. Ruggieri

United States Bankruptcy Court, N.D. New York · Sep 29, 2025

“Under [S]ection 727(a)(4)(A)’s second element, ‘[o]missions as well as affirmative misstatements qualify as false statements for Section 727(a)(4)(A) purposes.’” City of Atlantic City v. … Nevertheless, the Plaintiff’s efforts were clearly insufficient to discontinue the state court action.7 Cf. In re Krohn, Case No. 24-10644, 2025 Bankr. LEXIS 756 (Bankr. N.D.N.Y.

In re: Edward L. Gibbs, II

United States Bankruptcy Court, S.D. New York · May 7, 2026

As noted, the property’s condition and location present a number of challenges to marketability, and unchallenged evidence shows that the house was marketed for approximately four years, including by a qualified broker … As noted above, the Court fully credits Debtor’s showing (and thus rejects Chase’s non-evidence-backed criticisms): the Debtor has made a clearly reasonable business judgment that the proposed sale is in the best interest

Bavelis v. Doukas (In re Bavelis)

490 B.R. 258 · United States Bankruptcy Court, S.D. Ohio · Mar 28, 2013

Parkinson to be a well-qualified and credible expert witness. Mr. Parkinson testified that no reasonable lender would have lent money to Mr. Bavelis based on the assets purportedly being made available by Mr. … The value of the stock and options was never established. Tr. at 872-75. Mr.

JGR Associates, LLC v. Brown (In Re Brown)

442 B.R. 585 · United States Bankruptcy Court, E.D. Michigan · Jan 4, 2011

Brown argues that these affidavits clearly show that Tama, the accountant both for the Four Entities and for Lewiston, was well aware of what was being taken. … The evidence establishes that Jason Lewiston’s day to day involvement as a managing member stopped after 2002.

Henkel v. Lickman (In Re Lickman)

297 B.R. 162 · United States Bankruptcy Court, M.D. Florida · Jul 25, 2003

“There is no personal immunity for acts that are ‘ultra vires’ or outside the scope of the trustee’s duties.” Id. … The motion states that the “Debtor clearly objected to being left without counsel.”

In Re Dayton Seaside Associates 2, L.P.

257 B.R. 123 · United States Bankruptcy Court, S.D. New York · Dec 22, 2000

The Private Housing Finance Law As noted above, each of the Debtors qualifies as a redevelopment company formed pursuant to Article V of the New York Private Housing Finance Law (PHFL), §§ 100 et seq. … The PHFL and the Original Agreement clearly require that an exemption be granted; its not, as the Debtors argue, that the City can be precluded from collecting taxes under the PHFL and the parties’ agreement. 7 In limited