Case law

A-1 Advanced Moving & Storage, Inc. v. Norvergence, Inc. (In Re Norvergence, Inc.)

424 B.R. 663 · United States Bankruptcy Court, D. New Jersey · Feb 24, 2010

Furthermore, the individual averments therein clearly attempt to allege fraudulent action. … The NJCFA clearly does not apply to protect these alleged consumers from other states.

In Re Abruzzo

245 B.R. 201 · United States Bankruptcy Court, E.D. Pennsylvania · Nov 9, 1999

Clearly if property does not exist, the debtor can have no rights as to which a security interest can attach. … Indeed, the Debtor does not make a claim to owning a portable heater, humidifier, dehumidifier or a qualifying lighting fixture.

Morris Adair Margeson

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.

Eugene Swinhart

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.

Securities Investor Protection Corp. v. Cheshier & Fuller, L.L.P. (In Re Sunpoint Securities, Inc.)

377 B.R. 513 · United States Bankruptcy Court, E.D. Texas · Apr 23, 2007

times relevant to this Proceeding, C & F, Bourland and Cheshier held themselves out as possessing the skill, ability and expertise expected of certified public accountants in accounting and auditing matters and as being qualified … The evidence further establishes that Lewis controlled the actions of Wilder and Dieter. 113.

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.

Seven Stars on the Hudson Corp

United States Bankruptcy Court, S.D. Florida. · Aug 7, 2020

/ ORDER DISMISSING SUBCHAPTER V CASE New Subchapter V of Chapter 11 of the Bankruptcy Code — which establishes an expedited process for small business debtors to reorganize … It provides qualifying debtors with some powerful and cost-saving restructuring tools not otherwise available to Chapter 11 debtors.

Meiburger, Trustee v. Suazo

United States Bankruptcy Court, E.D. Virginia · May 30, 2025

Tiongson into bankruptcy clearly offset any value that was present. … Section 706(d) provides that a case may not be converted to a different chapter unless the debtor qualifies to be a debtor under such chapter.

Teresita Tiongson

United States Bankruptcy Court, E.D. Virginia · May 30, 2025

Tiongson into bankruptcy clearly offset any value that was present. … Section 706(d) provides that a case may not be converted to a different chapter unless the debtor qualifies to be a debtor under such chapter.

In re 1701 Commerce, LLC

511 B.R. 812 · United States Bankruptcy Court, N.D. Texas · Jun 11, 2014

Feb. 21, 2007) (holding that a debtor’s statement in a claim objection that was clearly inconsistent with disclosure statement "was sufficient to remove the debtor's prior inconsistent statements from the realm of judicial … The $65 million September Appraisal contains nearly identical qualifying language. Key Exhibit 156 at i. . Id. at 3 (Bates no. 8164) (emphasis added). . Joint Exhibit 32 at 30-48 (Bates nos. 8191-8209). .

Jones

United States Bankruptcy Court, N.D. Texas · Aug 14, 2026

Courts that have been faced with this issue have consistently held that a cover sheet, by itself, cannot satisfy the notice requirements of Rule 8 and thus cannot qualify as a complaint with Rule 3. See Shaver v. … Here, the Amended Complaint does not clearly establish that Counts I and III are barred by the applicable statute of limitations and, thus, the Motion to Dismiss is denied on this issue.2 2 Moreover, the Court notes

CP Liquidation of Cleveland, Inc.

United States Bankruptcy Court, E.D. Tennessee · Sep 4, 2020

Marquess was other than as clearly stated in the power of attorney. … Clearly, the company ratified the purchases from McKesson and is liable for any unpaid amount owing for such purchases.

Guardian Elder Care at Johnstown, LLC

United States Bankruptcy Court, W.D. Pennsylvania · Nov 15, 2024

Id.2 Skilled nursing facilities and personal care homes clearly fit within this plain and commonly understood meaning of what a “residence” is. … First, the primary use of the facilities is clearly residential.

Remodelers Warehouse

United States Bankruptcy Court, S.D. Georgia · Dec 31, 2025

Nor is there any evidence in the record establishing the amount of Faller’s purported independent claim. … After consideration, the Court disagrees with Petitioners, as the statute clearly authorizes managers of the LLC at the time of dissolution to wind up the affairs of the LLC.

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.

Souch v. Princo

United States Bankruptcy Court, E.D. Michigan · Feb 27, 2023

Plaintiff declares contrary to Defendant’s opinion, Plaintiff’s state claim was timely filed within the three year statute of limitation under clearly established 7 … A document that is “written, signed, adopted or used by the debtor” qualifies as a statement in writing under this section. Insouth Bank v. Michael (In re Michael), 265 B.R. 593, 598 (Bankr. W.D.

Tony Ray Easter and Melisa Fredonia Easter

United States Bankruptcy Court, N.D. Mississippi · Oct 9, 2020

[I]t appears that the Debtors’ election to subchapter V clearly alters the rights of the creditors in this case, specifically Discover Bank, eliminating the benefits of the absolute priority rule [which] block[ed … June 3, 2020)(finding that debtors, who waited six months after the voluntary petition date to designate as “small business debtors” and who later elected subchapter V after the establishment of the committee of unsecured

In re Taj Graphics Enters., LLC

601 B.R. 451 · United States Bankruptcy Court, E.D. Michigan · Apr 19, 2019

Such a transaction clearly was outside the ordinary course of business for the Debtor. … In the 2004 Plan Amendments, the Debtor stated that the only qualified bidder at the auction was K & B, and that K & B "provided the Qualifying Amount" as required by paragraph 4.3 of the [2004] Plan."

In Re Quillen

408 B.R. 601 · United States Bankruptcy Court, D. Maryland · Jul 9, 2009

Debtor and his wife, on the one hand, and the various entities, on the other, the precise pigeonholes that these prepetition payments fit into — salary, distributions, loans or something else altogether — has never been clearly … Plainly, Debtor’s purchase of real estate in Florida five months before the Petition Date does not qualify him as a domiciliary of that state for purposes of choosing exemption law.

In re Smith

524 B.R. 689 · United States Bankruptcy Court, S.D. Texas · Jan 27, 2015

Therefore, he, in his capacity as a mediator, qualifies as a “professional person.” Yet, the Trustee never filed any application to employ ex-Judge Clark as a mediator. … In the case at bar, the parties clearly discussed between themselves the appropriateness of ADR, but they never advised this- Court of the results of their discussions (other than to mention in the Motion that they were going