Case law
Opinions from 1658 to today.
7,439 results
2.16s
United States Bankruptcy Court, S.D. Mississippi · Jan 18, 2023
But Murray did not establish that she was mentally ill to any relevant extent. She could not state a diagnosis. Id. at 33 (“I don’t really know what the diagnosis was. … App. 2022) (describing qualified privilege generally as applying to communications made in good faith between persons with a common interest in or duty related to the subject matter).
Cited 0 timesUnknownUnited States Bankruptcy Court, C.D. California · Oct 18, 2019
(3) if she can amend her Schedule C at this point in time, can a claim for 15 emotional distress ever qualify as exempt and, if so, under what standard? … Clearly this does not include all future income or assets or the 25 growth of present assets in the future.
Cited 0 timesUnknownBond v. National Financial Services (In re U.S. Mortgage Corp.)
491 B.R. 642 · United States Bankruptcy Court, D. New Jersey · Apr 23, 2013
In sum, these important protections do not grant complete immunity from every conceivable claim made by Plaintiffs. Id. at 450 . … Here, the applicability of the in pari delicto defense to the § 548(a)(1)(A) claims is not established on the face of the Complaint.
Cited 3 timesPublishedStephen J. Scherf, SBA Plan Trust Administrator of v. Financial Resources Federal Credit Union
United States Bankruptcy Court, E.D. Pennsylvania · Nov 21, 2024
dispute as to whether the Transfers qualify for the ordinary course of business exception under § 547(c)(2). … Feb. 5, 2021) (application for a Payment Protection Program Loan to provide emergency assistance for the 2020 coronavirus pandemic was “clearly not in the ordinary course of business” because the program “exists because
Cited 0 timesUnknown483 B.R. 381 · United States Bankruptcy Court, S.D. New York · Nov 29, 2012
Pinnacle’s need for cutting its Pilots’ labor costs, very substantially, was overwhelmingly established. … for chapter 11 protection and seek reduction of controllable costs, including their costs for regional lift. 42 (c) Recent Challenges Facing the Regional Airline Industry Although regional airlines initially were largely immune
Cited 8 timesPublished529 B.R. 510 · United States Bankruptcy Court, S.D. New York · Apr 15, 2015
Those beneficiaries represented by appellant whose interests or whereabouts could not with due diligence be ascertained come clearly within this category. … What is recoverable, in substance, is specific performance of the repair or replacement obligation for otherwise qualifying defects.”). . See Sale Agreement § 2.3(a)(vii).
Cited 22 timesPublishedLorenzo P Quesnel, Jr. and Amy Quesnel
United States Bankruptcy Court, D. Vermont · Oct 1, 2025
as the Sale Order was not issued pursuant to the enumerated sections thereunder, the Bankruptcy Court retained jurisdiction over the Sale Order While the Debtors repeatedly claimed that the DFA profit-sharing account qualified … In doing so, the IRS could have established the parties’ intent with regard to the set-aside of the DFA funds in the event a plan was not confirmed.
Cited 0 timesUnknown299 B.R. 732 · United States Bankruptcy Court, D. Delaware · Aug 21, 2003
“To qualify as inequitable conduct, the insider or fiduciary creditor must have actually used its power to control the debtor or its position of trust with the debtor to its own advantage or to the other creditors’ detriment … Thus, the Complaint clearly sets forth a claim for avoidance of fraudulent transfers. I turn now to the Lenders’ arguments for dismissal.
Cited 33 timesPublished500 B.R. 823 · United States Bankruptcy Court, W.D. Texas · Oct 22, 2013
Unfortunately, Nunez failed the “Qualified Manager’s Exam” required by the Department of Public Safety for licensing. (PL 224, at JBL1001564). … Once a plaintiff establishes a prima facie case, the defendant has the burden of establishing that his failure to keep adequate records was justified under all circumstances of the case.
Cited 16 timesPublishedHenderson v. Legal Helpers Debt Resolution, L.L.C. (In re Huffman)
505 B.R. 726 · United States Bankruptcy Court, S.D. Mississippi · Feb 6, 2014
The Court does not give much weight to the Call Log because it is clearly not a transcript of everything that Huffman and the Eclipse Rep said. … Huffman’s failed program was clearly the result of Legal Helpers’ flawed business model and not an “anomaly.”
Cited 47 timesPublishedCulligan Ltd. and Michael Morrison
United States Bankruptcy Court, S.D. New York · Jul 2, 2021
The statute does not define the term “center of main interests,” although it establishes a presumption regarding it. … First, COMI is clearly located in Bermuda.
Cited 0 timesUnknownUnited States v. Liberty Mutual Surety (In Re Schooler)
449 B.R. 502 · United States Bankruptcy Court, N.D. Texas · Sep 30, 2010
Grem-minger died on November 2, 2001, so I believe this requirement has clearly been met. … Liberty Mutual submits that Great American undermines the holding of Oles Grain and makes it “clearly incorrect.”
Cited 0 timesPublishedUnited States Bankruptcy Court, E.D. California · Mar 29, 2022
Damages under 11 U.S.C. 28 § 362(k) qualify as “judicial sanctions.” 1 Civil Rule 11 in federal civil practice during the 1970s and 2 1980s culminated in massive … P. 9011(b). 1 Cavalry’s argument that it is immune from sanctions as a 2 represented party under Rule 9011(b)(2) must be rejected as 3 overstating
Cited 0 timesUnknownIn Re 8315 Fourth Avenue Corp.
172 B.R. 725 · United States Bankruptcy Court, E.D. New York · Sep 22, 1994
Beckmann of Beckmann Associates, on behalf of the Debtor, and in March of 1993 by Arthur Siegel of Becker, Ruben & Associates, Inc., on behalf of Clinton, both of who qualified as experts. … The Supreme Court stated clearly, as it had in Case v.
Cited 12 timesPublishedIn re: Antonio Rivera Guzman d/b/a Avian 7 Small Animal Hospital
United States Bankruptcy Court, D. Puerto Rico · Jun 15, 2018
The TPI Order of April 1, 2014 established that Ms. … The issue of whether certain types of obligations qualify as support or as part of a 26 property settlement within the meaning of the Bankruptcy Code is one within the province of 27 federal bankruptcy law, not of state
Cited 0 timesUnknownUnited States Bankruptcy Court, D. New Mexico · Aug 3, 2022
She concluded that “Colorado clearly uncouples the ethical question of whether it is proper for an attorney to proffer a financially-interested expert from the evidentiary question of whether that expert’s opinions are … The court later determined that it was “unwilling to qualify Dr. Steele as an expert with knowledge in the area of controlled substances, especially [1,4–butanediol] and GHB.”
Cited 0 timesUnknownIn Re Telesphere Communications, Inc.
179 B.R. 544 · United States Bankruptcy Court, N.D. Illinois · Dec 22, 1994
Even more clearly, the professional fees were of dubious value to Telesphere. … Telesphere would also be likely to establish insolvency or inadequate capital as a result of the transaction.
Cited 53 timesPublishedWhittaker v. Groves Venture, LLC (In re Bolon)
538 B.R. 391 · United States Bankruptcy Court, S.D. Ohio · Sep 30, 2015
See id. at 480 (“Because Golf Chic’s cause of action became a property interest after the Underhills filed for bankruptcy, it cannot qualify as bankruptcy property!.]”) … Given all of the considerations discussed above, the Court does not read Underhill as conflating the distinction governing Ohio law clearly makes between a member’s ownership interest in a limited liability company and a
Cited 4 timesPublishedUnited States Bankruptcy Court, N.D. Texas · Jun 5, 2024
establish whether Ms. … Here, the evidence clearly establishes that the Debtor held legal title to the Property prior to commencement of the Bankruptcy Case, but after recording the Trustee’s Deed, Ms.
Cited 0 timesUnknown289 B.R. 741 · United States Bankruptcy Court, N.D. California · Feb 7, 2003
He and his wife clearly believe that the Church is harmful and vindictive in general, and has behaved that way with respect to them in particular. … the point is that there should be no omissions in the first place, so that creditors, the Chapter 13 Trustee, and the Court can make their own decisions about the extent of a scheduled interest, its value, and whether it qualifies
Cited 13 timesPublished
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