Case law

Redmond v. Hassan (In Re Hassan)

376 B.R. 1 · United States Bankruptcy Court, D. Kansas · Jan 23, 2007

Many courts have held the bankruptcy courts’ lack of authority to conduct a jury trial without the parties’ consent qualifies as “cause” to withdraw the reference, 5 although the matter will often be left with the bankruptcy … See Granfinanciera 492 U.S. at 64[, 109 S.Ct. 2782 ]. 19 Since Count I of the Trustee’s complaint is also under 549, the Circuit’s ruling clearly mandates a conclusion that the count no right to a jury trial.

Malloy v. Mulkey Tire, Inc. (In Re Universal Factoring Co.)

279 B.R. 297 · United States Bankruptcy Court, N.D. Oklahoma · Jun 12, 2002

The Court entered a scheduling order (the “Scheduling Order”) on November 14, 2000, establishing deadlines for the completion of discovery, the fifing of dispositive motions, and the submission of a joint pretrial order. … “The [Federal Rules of Civil Procedure] indicate clearly a general policy to disregard narrow technicalities and to bring about the final determination of justiciable controversies without undue delay.

Stewart v. JPMorgan Chase Bank, N.A. (In re Stewart)

473 B.R. 612 · United States Bankruptcy Court, W.D. Pennsylvania · May 21, 2012

Thus the Court will follow a well established order for evaluating a motion to dismiss. … Additionally, the Debtors have failed to establish a right to have the claims transferred to an administrative body.

In re: Orlando Gonzalez Torres and Doris Nilda Rodriguez Baez

United States Bankruptcy Court, D. Puerto Rico · Feb 24, 2020

context, courts have determined that the debtors bear the burden of demonstrating a profit motive 22 in order to establish … To be qualified as an assisted person, the debtor must (1) be 11 a person whose debts consist primarily of consumer debt, and (2) the value of nonexempt 12 property must be less than $204,425.00.

In re Gonzalez

550 B.R. 711 · United States Bankruptcy Court, E.D. Pennsylvania · May 19, 2016

However, the purchaser’s rights are qualified materially by the owner’s right of redemption. … At the same time, however, the Roach court went to great lengths to point out that the text of § 1322(b) establishes clearly that "Congress drew a distinction between modifications and cures.” 824 F.2d at 1375 .

Start Man Furniture LLC

United States Bankruptcy Court, D. Delaware · Mar 21, 2022

COVID-19 is clearly a “disaster.” … COVID-19 also qualifies as a “natural” disaster because human beings were not responsible for starting or consciously spreading the virus.

Start Man Furniture LLC - Adversary Proceeding

United States Bankruptcy Court, D. Delaware · Mar 21, 2022

COVID-19 is clearly a “disaster.” … COVID-19 also qualifies as a “natural” disaster because human beings were not responsible for starting or consciously spreading the virus.

Rodriguez v. Countrywide Home Loans, Inc. (In re Rodriguez)

517 B.R. 724 · United States Bankruptcy Court, S.D. Texas · Aug 22, 2014

In McClain , the court found that hiring out-of-town counsel was reasonable where it was clearly established that no lawyers in Texas were willing or able to commit the time and resources necessary to associate as co-counsel … Rodriguez was not permitted to testify regarding whether there were any attorneys in the Valley that were qualified to take this case.

In Re Hh Distributions, Lp

400 B.R. 44 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 16, 2009

The Bank has clearly negated any inference that it will provide any financial support after June 2009 or any deferral of loan repayment then due. … The generally accepted method for establishing enterprise value is the capitalization of future earnings. Haskell Dawes, 199 B.R. at 878 .

James Alan Ritter and Debra Michelle Ritter

United States Bankruptcy Court, C.D. California · Mar 5, 2021

and 16 predictably using well established principles of statutory construction.” … Ala., Nov. 13, 27 2020)(declining to “splice words into the Bankruptcy Code that require debtors to clear a third 28 hurdle in order to qualify

Robert S. Brower, Sr. - Adversary Proceeding

United States Bankruptcy Court, N.D. California · Nov 20, 2019

Code § 852. 16 To qualify as an “express declaration,” the writing must contain language which 17 expressly states that the characterization or ownership of the property is being changed … As such, the law of the case doctrine requires the same result 16 here unless: “(1) the decision is clearly erroneous and its enforcement would work a manifest 17 injustice, (2) intervening controlling authority makes

In Re Northeast Dairy Cooperative Federation, Inc.

73 B.R. 239 · United States Bankruptcy Court, N.D. New York · Jan 23, 1987

Patsos testified that no claimants qualified as “insiders” of Nedco, as that term is defined at Code § 101(28). *246 Patsos opined that under the Plan, the value of property to be received by the holder of each allowed claim … Clearly, whenever a plan proponent has classified claims for the purpose of manipulating and defeating the Code’s goal of equal treatment of similarly situated creditors, the Court may not condone classification.

Hahn v. Marks

United States Bankruptcy Court, S.D. New York · Dec 13, 2024

her actions were in violation of New York state laws before Debtor sent the June 2020 communications containing intimate images to Plaintiff from a friend’s Instagram account that Debtor had accessed; and the conduct clearly … Expert testimony by a doctor qualified in the field of forensic psychology and image-based sexual harassment corroborated and further explained the injury caused by Debtor’s actions. Id. at 28.

BT Prime Ltd. v. Bos. Techs. Powered By Forexware LLC (In re BT Prime Ltd.)

599 B.R. 670 · United States Bankruptcy Court, D. Massachusetts · Mar 29, 2019

The required elements are clearly stated in the statute. Fraud is not an element, so there is no need to state with particularity circumstances constituting fraud. … Third, FXDD Malta argues that it qualifies for the "safe harbor" that is the affirmative defense in § 546(e) because the payment in issue were margin call payments to which that subsection applies.

In Re Entertainment, Inc.

223 B.R. 141 · United States Bankruptcy Court, N.D. Illinois · Aug 3, 1998

The estate and its creditors clearly benefited directly from Lease assumption and continued operations on the leased premises. … However, evidence did not establish this point.

Robert W. Egizii

United States Bankruptcy Court, C.D. Illinois · Jul 13, 2021

But his argument overlooks the qualifying condition of the provision that limits such exemptions only to tenancy by the entirety and joint tenancy properties that are “exempt from process under applicable … The Debtor’s homestead is clearly the Laurel Street property, and his assertion that someday that may change and the Pleasant Plains property will become his homestead is not a basis for allowing the tenancy

United States Lines, Inc. v. American Steamship Owners Mutual Protection & Indemnity Ass'n (In Re United States Lines, Inc.)

169 B.R. 804 · United States Bankruptcy Court, S.D. New York · Jul 5, 1994

Without holding on the issue, the Supreme Court assumed that the “restructuring of debtor-creditor relations” qualifies as a public right. Granfinanciera, supra, 492 U.S. at 56, n. 11-12 , 109 S.Ct. at 2798 n. 11-12. … Moreover, the Trust’s obligations under the Plan clearly relate to the Debtors’ case and reorganization because the P & I policies are property of the Debtors’ estate and, by way of the Plan and Confirmation Order, constitute

In re: Coco Beach Golf & Country Club

United States Bankruptcy Court, D. Puerto Rico · Jul 24, 2020

TDF’s request, for the request to be allowed the bankruptcy court still must determine that it 3 qualifies … The movant 1 “must either clearly establish a manifest error of law or must present newly discovered evidence.” 2

Pergament v. Maghazeh Family Trust (In Re Maghazeh)

310 B.R. 5 · United States Bankruptcy Court, E.D. New York · May 6, 2004

Kenneth Barnard was appointed interim trustee and thereafter duly qualified as the permanent Trustee. … Once it is established that the Debtor dominated and controlled the Maghazeh Trust, the Court must find that the Debtor used his control of the Maghazeh Trust to commit a wrongful act. Babitt v.

In Re Urban Communicators PCS Ltd. Partnership

379 B.R. 232 · United States Bankruptcy Court, S.D. New York · Dec 11, 2007

But while the remainder would at least seemingly qualify for the exemption and pass muster under state law, that is not the end of the inquiry. … Coney Island’s legal conclusions are consistent with those addressed here and its facts are clearly distinguishable from those in the instant case.