Case law

Lowe 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.

In Re Elsinore Shore Associates

102 B.R. 958 · United States Bankruptcy Court, D. New Jersey · Jul 19, 1989

involving holigraphic mermaids, treasure chests, treasure zones and especially display monitors throughout the casinos are indeed unique when considered as a whole, the utilization of the treasure map concept alone does not qualify … The record merely establishes that Atlantis agreed to consider Mecklerstone’s ideas and that the parties embarked upon a course of negotiation looking toward an agreement which never materialized.

In Re White Motor Credit Corp.

50 B.R. 885 · United States Bankruptcy Court, N.D. Ohio · Jun 24, 1985

Zingale is a former Judge who is well qualified for his appointed role and contributed immeasurably to resolving numerous, difficult claims. … These charges are clearly non-compensable when considering substantial contribution.

In Re Landmark Distributors, Inc.

195 B.R. 837 · United States Bankruptcy Court, D. New Jersey · Apr 2, 1996

The court finds the Pierce case clearly distinguishable from the case at bar in that Pierce involved an unsuccessful attempt to prove bad faith and damages under § 303(i)(2), whereas in Landmark , the court found that the … element of bad faith was overwhelmingly established.

In re Anmuth Holdings LLC

600 B.R. 168 · United States Bankruptcy Court, E.D. New York · Mar 27, 2019

The following facts are either conceded by the Petitioning Creditors or were established at trial. 1. … Courts differ as to whether a debtor's express non-waiver of a right to a judgment under § 303(i) necessarily qualifies its consent to dismissal, so as to preserve a § 303(i) claim.

Richards v. Citicorp Mortgage, Inc. (Richards)

151 B.R. 8 · United States Bankruptcy Court, D. Massachusetts · Feb 19, 1993

In that case, the court stated: “[w]e hold that the arrearages do not qualify as a ‘secured claim’ subject to a section 506(a) cram down_” 967 F.2d at 928 . … This proposed treatment is clearly proscribed by the Court’s ruling today. 10 VI.

In Re Beveridge

416 B.R. 552 · United States Bankruptcy Court, N.D. Texas · Aug 18, 2009

In order for conduct to qualify as willful and malicious the debtor must act with "either an objective substantial certainty of harm or a subjective motive to cause harm." Williams v. … Beveridge clearly was neither an officer nor a director or IBP. It is unclear to the court whether Mr.

In re Frazer/Exton Development, L.P.

503 B.R. 620 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 26, 2013

Sovereign’s tarnished reputation and lack of credibility in responding to discovery should clearly be a topic of grave concern to the bank. … Consequently, it is difficult to conclude that Sovereign’s discovery conduct would qualify as “misconduct” for purposes of Rule 60(b)(3). 2.

In Re Sullivan

195 B.R. 649 · United States Bankruptcy Court, W.D. Texas · Mar 20, 1996

The Court reasoned that, because Congress made the tax debt nondisehargeable, it “clearly intended that personal liability for unpaid tax debts survive bankruptcy.” Id. at 361 , 84 S.Ct. at 908 . … In addition, by providing that student loans are not dischargeable in bankruptcy except in very limited circumstances, Congress has established a public policy in favor of repayment of student loan debts.

Lee v. Nationstar Mortgage LLC

United States Bankruptcy Court, D. Oregon · Aug 1, 2019

Therefore, for purposes of ruling on the motion to dismiss, I will assume that the 2016 property taxes qualify as a prepetition claim. … For the reasons discussed above, the facts alleged by Plaintiff clearly show that she has no legitimate claim that Defendant violated § 362.

Buchwald v. Renco Group, Inc. (In Re Magnesium Corp.)

399 B.R. 722 · United States Bankruptcy Court, S.D. New York · Jan 16, 2009

Standards for Application of Rule 12(b)(6) The standards for deciding a motion to dismiss are well established. … The Court assumes that in light of the unambiguous language in the Utah statute and the absence of any caselaw clearly supporting a disparate construction, § 78-12-27 is limited to actions against a corporation’s directors

In Re Garden Manor Associates

70 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.

In re: IN Holdings, Inc., et al.

United States Bankruptcy Court, C.D. California · Sep 9, 2026

Qualifying M&A Broker Exemption 13 In March 2023, the Exchange Act was amended to exempt certain qualifying small 14 business brokers from registering as a broker-dealer with the … Second, STS has established that 24 Debtors were an “eligible privately held company.”

In Re eToys, Inc.

331 B.R. 176 · United States Bankruptcy Court, D. Delaware · Oct 4, 2005

Because MNAT had an actual conflict of interest it was not qualified to represent the Debtors in asserting their claims against Goldman. … TBF is an established bankruptcy firm.

Greenland Homes, Inc. v. E & S Marketing Resources, Inc. (In re Greenland Homes, Inc.)

227 B.R. 710 · United States Bankruptcy Court, S.D. Indiana · Sep 16, 1998

Here, presumably, the Creditor would argue that it qualifies as a “contractor”, “laborer”, or a person “furnishing materials”, as those terms are used in the Mechanic’s Lien Statute. … At best, their testimony established that a sign was erected in Waterford Crossing on the lot on which a model was to be built.

In Re Old Carco LLC

406 B.R. 180 · United States Bankruptcy Court, S.D. New York · Jun 19, 2009

By contrast, 28 U.S.C. § 959 (b) “embodies a Congressional intention to prevent bankruptcy trustees from using the authority of the federal courts to immunize themselves from state regulation of their business operations. … (quoting Perez, 402 U.S. at 649 , 91 S.Ct. 1704 ). 32 Specifically and by no means exclusively, statutory notice or waiting periods of, e.g., 60 or 90 days before termination clearly frustrate § 365’s purpose to allow a debtor

Junk v. CitiMortgage, Inc. (In re Junk)

512 B.R. 584 · United States Bankruptcy Court, S.D. Ohio · Jul 2, 2014

CitiMortgage responded with a letter stating that the Junks’ letter did not meet the necessary elements of a qualified written request under RESPA. Ex. 20 to J.E. 46; Tr. at 159. … Szymoniak stating that “I have concluded that the Assignments at issue herein are fraudulent and/or insufficient to establish standing to foreclose.”).

Ryan Andrew Taylor and Bridget Ann Taylor

United States Bankruptcy Court, W.D. Texas · Mar 31, 2025

Tex. 2001) (“Congress clearly intended by the term ‘earnings’ something broader than salary or wages. . . . Earnings refers to all income generated by an individual.”)). … First, it determined that the contract was not executory because the options themselves were “established pre-petition and are binding on [the employer].” Id. at 779.

In 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.

Bank of America, N.A. v. Cd-04, Inc. (In re Owner Management Service, LLC Trustee Corps)

530 B.R. 711 · United States Bankruptcy Court, C.D. California · Apr 29, 2015

Foundation is established when a . declarant states facts sufficient to establish the basis for his or her personal knowledge. In re McAllister, No. 1:12-BK-20052-AA, 2014 WL 3955008 (9th Cir. … Clearly substantive consolidation is a core matter as it “arises under” Title 11 or “arises in” a case under Title 11.... The narrow holding of Stem v.