Case law
Opinions from 1658 to today.
7,439 results
0.79s
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 . . . .”).
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. California · May 28, 2020
is consistent 10 with Sec. 3.1(c) and 3.2.1 of the Agent Agreement; that use of the term “Open Box” and its 11 definition does not clearly violate the Agent Agreement; and Verizon’s remaining argument 12 contradicts … First, neither the Agent 23 Agreement, Exhibit L, nor any other document submitted as evidence requires a device to be 24 returned within 30 days of the original sale in order to qualify as PAD-Like New.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Oregon · Apr 25, 2025
Thus, this dispute is about whether the law provides for an exemption, and not whether the debtor, under the facts of his case, is qualified to claim that exemption. … Unlike all these other exemption statutes, ORS 18.785 does not clearly and directly state that up to $2,500 in a judgment debtor’s accounts in a financial institution is exempt from execution. E.
Cited 0 timesUnknown250 B.R. 887 · United States Bankruptcy Court, S.D. Ohio · Jul 7, 2000
You may even qualify to pay off your credit card debt and medical bills at a reduced amount.... (emphasis supplied). … All bankruptcy attorneys in the Southern District of Ohio are aware of the well-established procedures for bringing automatic stay violations to the Court’s attention.
Cited 0 timesPublished365 B.R. 770 · United States Bankruptcy Court, S.D. Ohio · Feb 12, 2007
Application of this multi-factor test to the facts and circumstances surrounding Smith’s violations of the securities laws clearly would have required the exercise of judgment and discretion by the District Court, not simply … Smith therefore qualifies for relief under Chapter 13 of the Bankruptcy Code. D.
Cited 7 timesPublishedUnited 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.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Puerto Rico · May 16, 2019
The consensual agreement is independent to the lien established by 18 law and the contributions are an additional guarantee as it was clearly contemplated by the statute. 19 Therefore, the court needs to determine … For purpose of this subsection, a government plan is a “qualified employer 5 plan” and a “government plan” “…means any plan, whether or not qualified, established and 6 maintained for its employees by the United States
Cited 0 timesUnknownMull 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. .
Cited 15 timesPublished358 B.R. 567 · United States Bankruptcy Court, S.D. New York · Nov 30, 2006
In order for the CEO to qualify for the minimum amount of the LTIP ($3 million), the company must achieve a 2007 EBITDAR of $250 million. … As such, the benchmarks for the LTIP are difficult targets to reach and are clearly not “lay-ups.” 24 In sum, the LTIP is not a KERP, but is a program designed to incentivize the CEO and Senior Executives, and may be assumed
Cited 22 timesPublishedLowe v. Brajkovic (In Re Brajkovic)
151 B.R. 402 · United States Bankruptcy Court, W.D. Texas · Jan 6, 1993
Qualified disclaimers are "an estate planning device which can be utilized to pass property to another without Federal estate, gift or generation-skipping tax consequences to the disclaimant.” Id. 3 . … The majority, as the dissent correctly points out, was clearly in error, as it permitted a state statute to circumscribe the application of the federal term, in violation of clear Supreme Court precedent to the contrary.
Cited 11 timesPublishedOstrander v. Source One Financial Corp. (In re Mollison)
463 B.R. 169 · United States Bankruptcy Court, D. Massachusetts · Jan 6, 2012
The Supreme Judicial Court has clearly stated that “the exclusive method of perfecting a security interest in a motor vehicle is through notation of the lien on a valid certificate of title.” City of Boston v. … This Court does not read In re Houseal as establishing a “perfected security interest’’ requirement under § 362(h)(1).
Cited 2 timesPublishedAmerican Classic Voyages Co. v. JP Morgan Chase Bank (In Re American Classic Voyages Co.)
367 B.R. 500 · United States Bankruptcy Court, D. Delaware · Apr 27, 2007
If liquidation in bankruptcy was not “clearly imminent” on the transfer date, then the entity should be valued as a going concern. Travellers Int’l AG v. Trans World Airlines, Inc. … Mandarino is a certified public accountant and was qualified appropriately as an expert in this case, but with far less experience in performing solvency analyses. (Tr. at 460-61).
Cited 12 timesPublishedKossoff PLLC and P. XENOPOULOS REALTY, LLC
United States Bankruptcy Court, S.D. New York · Nov 22, 2021
Togut was appointed as the Chapter 7 Interim Trustee of the Debtor, accepted his appointment, and duly qualified. [See Bankr. Docket No. 15]. 12. The Debtor has not yet filed any of the Schedules. … As the foregoing detailed factual findings and the totality of the record in this case establish by clear and convincing evidence, Mr.
Cited 0 timesUnknownIn Re Adelphia Communications Corp.
368 B.R. 140 · United States Bankruptcy Court, S.D. New York · Jan 3, 2007
) could meet the burden of establishing their validity. … That qualifies as having contributed substantial consideration to the reorganization. 3.Consent.
Cited 71 timesPublishedCERx Pharmacy Partners, LP v. Provider Meds, LP (In re Providerx of Grapevine, LLC)
507 B.R. 132 · United States Bankruptcy Court, N.D. Texas · Mar 13, 2014
Stephen’s declaration, Stephens Declaration at ¶¶ 2-4; CERx App. 817, the Court concludes that CERx has established that Mr. … Here, it clearly refers back to the previously and immediately-listed patent applications.
Cited 7 timesPublishedIn re Residential Capital, LLC
480 B.R. 529 · United States Bankruptcy Court, S.D. New York · Oct 12, 2012
The district court established an expedited schedule applicable to all similar cases with a discovery cut-off date of September 30, 2012. … Substantial due diligence is underway by numerous qualified bidders, requiring the time and attention of the Debtors’ employees and legal and financial professionals.
Cited 12 timesPublished70 B.R. 477 · United States Bankruptcy Court, N.D. California · Feb 25, 1987
Clearly, the Government did not consent to the payment of those legal fees. … (a) Owners shall establish or continue to maintain a reserve fund for replacements_ ****** 6.
Cited 16 timesPublishedUnited States Bankruptcy Court, E.D. North Carolina · Jan 14, 2025
Support for this conclusion is found in the failure of the legislature to adopt any of language of 11 U.S.C. § 522(d)(11)(C) which clearly exempts life insurance proceeds from the reach of the beneficiary’s … possible to read § 1C-1601(a)(8) to include life insurance proceeds, that endeavor would require to the court not only to stretch exceedingly far in the debtor’s direction, but also to disregard existing precedent and well-established
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. Oklahoma · Jan 6, 2023
Yeates, 807 F.2d at 878 (debt could be considered in `nature of support’ under federal bankruptcy law, even though it would not qualify as support under state law). … Thus, in order to establish that a debt for attorney fees and costs is “in the nature of alimony, maintenance or support” of a debtor's child, a plaintiff must establish that the attorney fees and costs were awarded to a
Cited 0 timesUnknownBartlett v. Giguere (In Re Bartlett)
168 B.R. 488 · United States Bankruptcy Court, D. New Hampshire · Apr 22, 1994
“It is well established that Debtor’s exemptions in a bankruptcy proceeding are to be determined as of the date of the filing of the bankruptcy petition.” … One year later Florida amended its homestead law to provide that condominiums such as that owned by the debtor, which previously had not qualified as a homestead, thereafter did.
Cited 14 timesPublished
Ask Donna