Case law

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.

Dawn Elaine Reed

United States Bankruptcy Court, E.D. Virginia · Dec 9, 2020

Following the preliminary hearing, the Court established pre-trial deadlines and set the matter for trial to be convened on March 11, 2020. Pre-Trial Order, ECF No. 26. … Dawn also describes vaguely her objective to make the house “liveable” and assures Kim that she will repay Planet for the job as soon as possible, but her statements about payment are not qualified by any specific cost

In re Gravel

601 B.R. 873 · United States Bankruptcy Court, D. Vermont · Jun 27, 2019

The question presented here concerns the criteria for determining when a court may hold a creditor in civil contempt for attempting to collect a debt that a discharge order has immunized from collection. … It imposed a $10,000 sanction, observed that EMC Mortgage Corporation "is a major financial company, and is clearly able to pay a $10,000 sanction," ids="9041714" index="141" url="https://cite. case.law/br/319/876/">id. ,

Charles Eppolito, Jr

United States Bankruptcy Court, E.D. Pennsylvania · May 19, 2020

The party seeking to reopen the case must establish the existence ofone of these three reasons, and only then this Court may, within its discretion, reopen the bankruptcy case. … Trustee argues that theseallegations in the Complaint “clearly set[] forth that the debtor’s cause of action arose in December 2005, when the defective device was implanted into the debtor.”

In Re Abc Learning Centres Ltd.

445 B.R. 318 · United States Bankruptcy Court, D. Delaware · Jan 21, 2011

Liquidators and Receivers have clearly delineated roles under the Corporations Act. … A foreign nonmain proceeding is any other proceeding “pending in a country where the debtor has an establishment.” 11 U.S.C. § 1502 (5).

Love v. United States Department of Education

United States Bankruptcy Court, E.D. California · Apr 5, 2023

Only the most compelling cases seem to be 8 able to qualify for discharge as “undue hardship” on a standard 9 of proof that is preponderance of evidence. 10 The … Cal.), 2 the settlement of which could qualify the debtor for a refund of 3 $1,033.04.

Abiezer Ramos Gonzalez and Liz Yanelly Baez Ramirez v. Cooperativa Roosevelt Roads

United States Bankruptcy Court, D. Puerto Rico · Sep 15, 2026

Confirmation 1 binds parties to the treatment of allowed claims; it does not immunize creditors from compliance 2 with nonbankruptcy federal law” (id., pp. 16-17). … The moving party has the 22 burden to establish that it is entitled to summary judgment; no defense is required where an 23 insufficient showing is made. See López, 938 F.2d at 1517.

Casamatta v. Skibicki

United States Bankruptcy Court, D. Nebraska · Apr 12, 2021

The defendant’s Schedule A/B, question 24 (Interests in an education IRA, in an account in qualified ABLE program, or under a qualified state tuition program), reports a “529 Plan” with a value of $9,000. … Clearly, the debtor is ultimately responsible for the veracity of the information contained in her bankruptcy schedules. Bren, 303 B.R. 610; Kaler v.

Kane v. Island Leasing LLC

United States Bankruptcy Court, D. Hawaii · May 10, 2022

evidence for a jury to find that the United States did not have such clear intent”; this case cited and quoted the summary judgment standard at the beginning of its decision, the court did not use similar qualifying … Because the trustee has not established that the carrier picked up the shipment on October 16 after the debtor filed its petition, the trustee has not established that the October 16 shipment occurred after commencement

In re Residential Capital, LLC

524 B.R. 465 · United States Bankruptcy Court, S.D. New York · Jan 29, 2015

The Trust argues in its Reply that the Note, which it provided with the Objection, clearly shows an endorsement transferring the Note to RFC. (Reply ¶ 17.) … The Priore Declaration states that she is qualified to testify regarding the contents of the Debtors' books and records (Priore Decl. ¶¶ 3-4) and describes the history of Madzimoyo’s Loan based on those books and records

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.

Bell v. Parkway Mortgage, Inc. (In Re Bell)

309 B.R. 139 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 14, 2004

Clearly, these are real estate related fees for title insurance and fall within 12 C.F.R. § 226.4 (e)(7)(i). … Clearly, Parkway had notice of this issue prior to trial.

Jacqueline L. Taylor -BELOW MED

United States Bankruptcy Court, W.D. Missouri · Oct 28, 2020

exempts a person’s right to receive – Any payment under a stock bonus plan, pension plan, disability or death benefit plan, profit-sharing plan, nonpublic retirement plan or any plan described, defined, or established … Investments purchased in isolation, outside the context of workplace contributions, may be less likely to qualify as exempt. * What is the return on investment?

Jacqueline Natasha McGhee

United States Bankruptcy Court, D. South Carolina · Aug 5, 2025

The Clerk’s office can only enter documents and open cases as they are filed, without having to read between the lines as to Debtor’s intent, especially when the intent is clearly asserted in the Petition. 23 ECF … Even if Debtor could establish the stated requirements of the exception, ACA argued that the Paystub lacks trustworthiness.

In re Bate Land & Timber, LLC

523 B.R. 483 · United States Bankruptcy Court, E.D. North Carolina · Jan 15, 2015

Before proceeding to a cramdown analysis, therefore, the debtor must establish compliance with every requirement under § 1129(a) other than § 1129(a)(8). … Saunders testified that the pre-petition timing of the loan from Deere & Company was due to the fact that he felt it would be difficult to qualify for financing of equipment after going through bankruptcy.

BC Liquidating, LLC v. Weinstein (In re BC Funding, LLC)

519 B.R. 394 · United States Bankruptcy Court, E.D. New York · Oct 31, 2014

The Court further holds that the Plaintiff has' adequately alleged that there was a sufficient relationship among the RICO Defendants to qualify the scheme as an enterprise. … April 18, 2007) (“However, Reves provides no blanket immunity for professionals regardless of their involvement in a criminal enterprise”).

Johnny Wynn Terry

United States Bankruptcy Court, N.D. Texas · Dec 23, 2019

Thus, the only way that Toucan’s actions may be immunized by the Agreed Order is if the actions were taken by Toucan in exercising its rights in the Mansfield Property. … Therefore, the Debtor has successfully established that Toucan willfully violated the automatic stay.

Moulton v. Deutsche Bank National Trust Co. (In Re Moulton)

393 B.R. 752 · United States Bankruptcy Court, N.D. Alabama · Sep 15, 2008

Moul-ton did not file the current case in good faith and argues that the factors established in Phoenix Piccadilly, Ltd. v. … Moulton undoubtedly qualified for and secured a loan from Litton; (2) Litton actually delivered the loan proceeds to its closing agent; and (3) the parties actually went through a formal closing and completed the sale on

In Re Myers

147 B.R. 221 · United States Bankruptcy Court, D. Oregon · Nov 13, 1992

Mandatory indemnification has also developed because of the lack of insurance and the practical consequences of failing to reimburse directors for the defense costs of unfounded lawsuits, namely, that few qualified people … Thus, the basis for the EOUST’s decision was clearly erroneous.

Dery v. Karafa (In re Dearborn Bancorp, Inc.)

583 B.R. 395 · United States Bankruptcy Court, E.D. Michigan · Apr 20, 2018

That is established ... [by] Paragraph 23 of the Karafa affidavit. … Both Ross and Karafa had significant banking experience and thorough familiarity with Debtor's business, making them uniquely qualified to do the work.