Case law

Krasny v. Bagga

357 B.R. 324 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 20, 2006

Where a matter does not qualify as “core” but has some meaningful nexus with the bankruptcy case, it may nevertheless be heard by the Bankruptcy Court on a preliminary basis: A bankruptcy judge may hear a proceeding that … In response, Plaintiff offers the rather circular argument that all they need to show to establish a viable turnover claim is that the money demanded is property of the estate. Plaintiffs’ Brief, 7.

Statutory Committee of Unsecured Creditors Ex Rel. Iridium Operating LLC v. Motorola, Inc. (In Re Iridium Operating LLC)

373 B.R. 283 · United States Bankruptcy Court, S.D. New York · Aug 31, 2007

Taken together and on balance, Motorola did a better job in establishing that market evidence was relevant and persuasive data that could not be ignored in determining insolvency than the Committee did in establishing that … Reiss was qualified to testify, but did express some concerns at that time regarding Mr. Reiss’ failure to incorporate market data in his expert opinion.

Lucas v. Nickens (In Re Lucas)

312 B.R. 559 · United States Bankruptcy Court, D. Maryland · Jul 12, 2004

Likewise, the sentence in the Contractor Agreement in which Plaintiff agreed to hold Defendants “harmless” for “any claim[s] arising] in reference to [Defendants’] services” qualifies as general release language. … Section 110 establishes a set of requirements with which bankruptcy petition preparers must comply.

Karl Linard Malloy

United States Bankruptcy Court, E.D. Virginia · Sep 1, 2026

Sugar, 130 F.4th at 373 (citing Jn re Kestell, 99 F.3d 146, 148 (4th Cir. 1996)); see also In re Mitrano, 472 B.R. at 709 (“Bad faith in filing a Chapter 13 petition qualifies as ‘cause’ under the statute.”). … '® The record clearly establishes that unless Mr.

Allentown Ambassadors, Inc. v. Northeast American Baseball, LLC (In Re Allentown Ambassadors, Inc.)

361 B.R. 422 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 5, 2007

Id. 43 An assignee may be admitted as a member of the LLC, but that right is qualified. … liable to the Company for monetary damages for an act or omission in such Member’s capacity as a Manager, except as provided in the Act for (I) acts or omissions which a Member knew at the time of the acts or omissions were clearly

Finkel v. Polichuk (In re Polichuk)

506 B.R. 405 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 27, 2014

Well-Established General Principles B. The Movant’s Burden to Establish that a Non-Movant Who Has the Burden of Proof Lacks Evidence to Support an Essential Element of the Claim VI.THE NON-DEBTOR DEFENDANTS’ MOTION A. … Ass’n, 679 F.2d 316, 321 (3d Cir.1982) (“a creditor of the debtor alone may not levy upon the debtor’s individual undivided interest since his interest is immune from process”); see also In re Brannon, 476 F.3d 170, 173 (

Katherine L. Lantz

United States Bankruptcy Court, D. Idaho · Aug 3, 2022

Such financing clearly provides that Debtor(s) are fully informed, must and agree to the financing and assignment. … Thus, Youngblood qualifies as a debt relief agency as Debtor claimed primarily consumer debts and nonexempt property valued at less than $204,425.

Jesse C Campayno

United States Bankruptcy Court, W.D. Pennsylvania · Apr 27, 2022

under section 707(b)(3) of the Bankruptcy Code,” though the Debtor claims immunity from such scrutiny. … Ultimately, the Court finds that the totality of the circumstances of the Debtor’s financial situation clearly establishes that granting him chapter 7 relief would be a manifest abuse.111 As this abuse should have been

U.S. Bank Trust National Ass'n v. American Airlines, Inc. (In re AMR Corp.)

485 B.R. 279 · United States Bankruptcy Court, S.D. New York · Jan 17, 2013

Med Immune, Inc. v. Genentech, Inc., 549 U.S. 118, 127 , 127 S.Ct. 764 , 166 L.Ed.2d 604 (2007). A court has wide discretion in determining whether a declaratory judgment is appropriate in a particular dispute. … Thus, the lender, by its acts, may establish that it prefers accelerated payment to the opportunity to earn interest over a period of years.”). .

McGarvey v. Johnson

United States Bankruptcy Court, W.D. Texas · Aug 22, 2025

does not qualify under any of the exceptions to the American Rule, so she is not entitled to attorney fees for pursuing this Adversary Proceeding. … City of Austin, 7 S.W.3d 109, 122–23 (Tex.1998) (“[W]hile the Legislature clearly was well-versed in drafting statutes that explicitly provided that a local act was not effective until approved by the Commission

In re David

487 B.R. 843 · United States Bankruptcy Court, S.D. Texas · Feb 21, 2013

Rule 11(b) clearly applies to both represented and unrepresented parties. Id. 3. … He had thereby attempted to frustrate his only creditor-a creditor he was clearly able, but unwilling, to pay. Id.

Integrity Directional Services, LLC

United States Bankruptcy Court, W.D. Oklahoma · Jan 17, 2020

A technical defect in a proof of claim clearly may be cured by amendment. In re International Horizons, Inc., 751 F.2d 1213, 1216 (11th Cir. 1985). … There were four cases listed as finding a motion to lift stay an informal proof of claim, and six cases finding that the motion did not so qualify.8 The document illustrates the split of authority on the issue, understandable

In re Agrokor D.D.

591 B.R. 163 · United States Bankruptcy Court, S.D. New York · Oct 24, 2018

It was insolvent and qualified by amount of debt and number of employees for eligibility to file under the EA Law. … As explained in section II.D., below, the record establishes that the EA Proceeding was procedurally fair.

In Re Iowa Coal Min. Co., Inc.

242 B.R. 661 · United States Bankruptcy Court, S.D. Iowa · Dec 7, 1999

Iowa Coal established business relationships with each of the three bonding companies on an individual basis starting in the early 1980s. … If the co-owners of a single obligation qualify as separate claimants for this purpose, that legislative purpose would be frustrated. Id. at 563. (emphasis added).

Samson v. Spencer

United States Bankruptcy Court, S.D. Illinois · Mar 17, 2023

Spencer (“Grantors”), established an irrevocable insurance trust for the benefit of certain of their descendants (“Trust”). … The definition of “property” under the FDCPA is expansive and clearly intended to reach “any” interest in property that the debtor might have.

Trivedi v. Poladyan

United States Bankruptcy Court, E.D. California · Sep 16, 2019

This Supplemental Memorandum is issued to document the Undisputed Facts as 27 agreed by the Parties and clearly state the burden of proof/persuasion standards for the two 28 Adversary Proceedings, and is made as part of … held substantive terms in which Ortansa would borrow $180,000.00 on her home, buy Debtors’ / 3 home at a short-sale, and sell it back to them Vo when they qualified

Poladyan v. Trivedi

United States Bankruptcy Court, E.D. California · Sep 16, 2019

This Supplemental Memorandum is issued to document the Undisputed Facts as 27 agreed by the Parties and clearly state the burden of proof/persuasion standards for the two 28 Adversary Proceedings, and is made as part of … held substantive terms in which Ortansa would borrow $180,000.00 on her home, buy Debtors’ / 3 home at a short-sale, and sell it back to them Vo when they qualified

Teekell v. Sheffield (In Re Sheffield)

180 B.R. 814 · United States Bankruptcy Court, W.D. Louisiana · Apr 21, 1995

For residential use, it does not qualify “under code.” Sleet maintained it would have more value for such a small space if located downtown. The balance of the lot is now unimproved. … D-3, and the transcript of the trial in state court, clearly reflect that the difference intended to be adjusted was the interest issue alone. Consequently, this defense is without merit.

Marie Acree

United States Bankruptcy Court, N.D. Georgia · Feb 20, 2025

to be sworn out under oath; and (3) state law imposes a continuing obligation to notify the DMV of an address change and obtain an updated license—the address listed on an individual’s driver’s license presumptively “qualifies … as a ‘dwelling house or usual place of abode’ for establishing that proper service was accomplished pursuant to Bankruptcy Rule 7004(b).”

Stephen S. Gray, Not Individually But Solely In Hi v. The Williamsburg Hotel BK, LLC

United States Bankruptcy Court, S.D. New York · May 7, 2025

To qualify for registration, however, an unregistered mark first must “have been used in commerce, not merely adopted . . . .” Lopez, 883 F. Supp. 2d at 415 (citing Gameologist Grp., LLC v. … Traditionally, the rule has been that the use of a mark in the preliminary steps of establishing a business does not establish a priority date or a use sufficient for federal registration.