Case law

James A Little and Jan R Little

United States Bankruptcy Court, D. Idaho · Feb 9, 2024

Though a movant generally bears the burden of establishing cause under § 1112(b), once bad faith is put at issue, the debtor bears the burden of establishing that the petition was filed in good faith. … Here, the record clearly indicates Debtors’ motivation in filing bankruptcy was their dispute with the Oxarangos.

In re: Ana Emilia Ortiz Jimenez

United States Bankruptcy Court, D. Puerto Rico · Jun 3, 2019

The combination of these 19 factors do establish that the petition was filed in bad faith, that is, to continue forestalling execution.” … The debtor’s conduct qualifies as the conspicuous behavior that warrants a dismissal 11 || with prejudice.

Korry Gilbert Golding

United States Bankruptcy Court, D. Connecticut · Aug 7, 2020

Faced with the argument “that the debtor’s continued use of the boat while in drydock is in violation of the state-court order and clearly unlawful under state and local laws,” the Court held that “[w]hile a bankruptcy … Nothing in Connecticut’s homestead exemption statute would suggest the propriety of such inquiries and its imposition as a qualifying element of a liberal exemption.

In Re Federal-Mogul Global, Inc.

411 B.R. 148 · United States Bankruptcy Court, D. Delaware · Sep 30, 2008

No. 103-835, at 41 (1994), reprinted in 1994 U.S.C.C.A.N. 3340, 3350 (the “asbestos trust/injunction mechanism established in [section 524(g)] is available for use by any asbestos company facing a[n] overwhelming liability … The Pneumo Protected Parties (Cooper, Pneumo Abex, and certain affiliates) do not qualify for the protection of a third party injunction under 11 U.S.C. § 524 (gX4)(A)(ii).

Delta Air Lines, Inc. v. Bibb (In Re Delta Air Lines)

359 B.R. 454 · United States Bankruptcy Court, S.D. New York · Nov 3, 2006

As Delta aptly expressed it in its Reply Memorandum, all the Transportation Payment Act does in Section 3726(h) is “establish! … With few exceptions “preferential treatment of a class of creditors is in order only when clearly authorized by Congress.” Id. at 2109 .

Brown v. Outlaw

United States Bankruptcy Court, N.D. Illinois · Sep 15, 2020

All of the aforementioned adequately establish that Plaintiff succeeds on his cause of action under the ICFA. … Rather, the one-page, short order clearly delineates on its face the nature of its purpose.

In Re Yl West 87th Holdings I LLC

423 B.R. 421 · United States Bankruptcy Court, S.D. New York · Jan 13, 2010

The United States Supreme Court held that once a movant establishes that a debtor has no equity in a property, “it is the burden of the debtor to establish that the collateral at issue is necessary to an effective reorganization … However, the record clearly establishes that financing based upon section 364(d) priming of the secured claims in West’s and the Debtor’s Chapter 11 cases is not possible, and it would be unreasonable for the Court to grant

Craig Bradley Deimler and William Oliver Fisher-Deimler

United States Bankruptcy Court, M.D. Pennsylvania · Mar 23, 2021

It cannot be challenged that a creditor's claim in bankruptcy arises in the first instance from the underlying substantive law creating the debtor's obligation, subject to any qualifying … Specifically, the Claimants have failed to establish that Mr. Deimler is the Contractor under the Contract.

Carter v. Schott (In Re Carter Paper Co.)

220 B.R. 276 · United States Bankruptcy Court, M.D. Louisiana · Apr 16, 1998

, and if anything, simple negligence is all that had been established. … Clearly, this is not correct.

In re Charles Street African Methodist Episcopal Church of Boston

578 B.R. 56 · United States Bankruptcy Court, D. Massachusetts · Dec 14, 2017

Jeffrey Kopa, whom I found and continue to find, all the more after hearing him testify, to be qualified to testify as an expert. … The proposed structure of the notes and mortgages was clearly intended to serve that purpose.

Washington v. Green Tree Servicing, LLC (In re Washington)

529 B.R. 654 · United States Bankruptcy Court, D. South Carolina · Feb 24, 2015

total allowed claim based on a valuation of its lien of $19,500.00 was never paid in full. 9 There is nothing in the statute or indicated by the evidence in the case that the discharge granted to Debtor in her First Case immunized … Debtor’s Amended Plan clearly states that “[t]he terms of the [Debtor’s] pre-petition agreement with a secured creditor shall continue to apply except as provided for in this [P]lan, the Order confirming the [P]lan or other

Palatine National Bank v. Olson (In Re Olson)

98 B.R. 944 · United States Bankruptcy Court, D. Minnesota · Jul 11, 1988

They do not, standing alone, clearly and convincingly bear witness to important and controlling matters of fact. … And, if the owners of the project qualified, substantial tax deductions would flow to its investors, sheltering other unrelated income.

Fleet National Bank v. Doorcrafters (In Re North Atlantic Millwork Corp.)

155 B.R. 271 · United States Bankruptcy Court, D. Massachusetts · May 26, 1993

Clearly, it was in the estate’s interests to resolve its involvement in the dispute. … Clearly, the answer is no. The purpose of section 363(m) is to protect purchasers.

Tri Harbor Holdings Corporation v. Sigmapharm Laboratories, LLC

United States Bankruptcy Court, D. New Jersey · Nov 22, 2022

Each party filed its submission(s) over the uncertified statement of Counsel and in a timely manner according to the deadlines established in the July 22, 2022 Sixth Supplemental Joint Scheduling Order.2 Although the … Evidence should not be excluded pursuant to a motion in limine, unless it is clearly inadmissible on all potential grounds. . . .

Millenkamp Cattle, Inc

United States Bankruptcy Court, D. Idaho · Nov 18, 2025

The facts presented here establish that Forbes knew Debtors were working with Sandton on DIP financing when they signed the Engagement Letter. … Clearly, it did not consider the DIP Facility as a fee- triggering transaction until it was left with no alternative. E.

Frazin v. Haynes & Boone, LLP (In Re Frazin)

413 B.R. 378 · United States Bankruptcy Court, N.D. Texas · Apr 7, 2009

Clearly, Frazin’s conduct in this case does not rise to this level. … The fee applicant is clearly the prevailing party in that context.

Lombardi v. Picard

United States Bankruptcy Court, E.D. Pennsylvania · Jun 10, 2022

time of the attack, he lacked the requisite intent required under § 523(a)(6) and, therefore, the Civil Judgment does not qualify as a debt for willful and malicious injury. II. … § 2702(a)(1), and thus the Guilty Plea alone, which did not indicate whether the plea was based upon reckless or intentional conduct, could not as a matter of law establish that the Civil Judgment based on the same conduct

Tobias v. Alvarado

United States Bankruptcy Court, W.D. Oklahoma · Nov 27, 2019

Alvarado testified that she needed the $5,000 to deposit in her bank account in order to qualify for a bank loan. [Doc. 59, Tr. 91-92]. … The burden of proof for establishing an exception to discharge is a preponderance of the evidence. Grogan v. Garner, 498 U.S. 279, 286-87, 111 S.Ct. 654 (1991). B.

Mull Drilling Co. v. SemCrude, L.P. (In re SemCrube, L.P.)

407 B.R. 82 · United States Bankruptcy Court, D. Delaware · Jun 19, 2009

As a practical matter, an operating agreement is designed to set forth a process by which the well is drilled and the production is established, and to govern the operations of a productive well after it has been established … The Kansas Legislature clearly did not intend for this to be the case, given that Kansas Article 9 governs Kansas § 9-339a to the extent it is not displaced by the statute. .

Commercial Express, Inc.

United States Bankruptcy Court, M.D. Florida · May 22, 2025

Is Purdue “clearly on point” and “clearly contrary” to Munford? … Ed. 2d 721 (stating the Court does not “express a view on what qualifies as a consensual release . . . .”).