Case law

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

Padilla v. GMAC Mortgage Corp. (In Re Padilla)

389 B.R. 409 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 30, 2008

This result is clearly at odds with the notion of providing a successful debtor afresh start. … (endorsing the same principle, but adding the qualifying words, "in general”). 65 . See, e.g., Geruschat v.

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 AMR Corp.

477 B.R. 384 · United States Bankruptcy Court, S.D. New York · Aug 15, 2012

AND ITS OPERATIONS American, established in 1934, is the principal subsidiary of AMR Corporation (“AMR”). … Nearly all qualifying retirees automatically receive a $5,000 life insurance benefit upon retirement. (Wright Decl. ¶ 35).

Hopkins v. Freedom Mortgage Corporation

United States Bankruptcy Court, D. Idaho · Aug 13, 2019

As such, “[b]ecause it had actual, pre-lien-creation knowledge of the commencement of Debtor[’s] bankruptcy case, [Freedom] does not qualify as a good faith transferee under § 549(c).” … In essence, because the lien established by the Dec.

Burton v. Educational Credit Management Corp. (In Re Burton)

339 B.R. 856 · United States Bankruptcy Court, E.D. Virginia · Jan 11, 2006

He is not presently employed, his only income is a Social Security disability check, and his expenses clearly exceed his income. … Well qualified and substantiated expert testimony is essential.” Kelsey v. Great Lakes Higher Educ. Corp.

In Re Associated Grocers of Colorado, Inc.

137 B.R. 413 · United States Bankruptcy Court, D. Colorado · Jul 6, 1990

H & D had an established relationship with the debtor prior to the filing of the bankruptcy. It had been counsel to the debtor for all of its legal affairs. … These account categories are no exception to the pattern established in this case thus far.

Mid-State Raceway, Inc. v. Mid-State Development Corp.

323 B.R. 40 · United States Bankruptcy Court, N.D. New York · Feb 11, 2005

the management of a corporation’s affairs is placed in the hands of its board of directors and officers, and the Court should interfere with their decisions only if it is made clear that those decisions are, inter alia, clearly … The Court qualified him as an expert. See id. at 78. He testified that he had been tracking the video lottery terminal ("VLT”) legislation since 2001 when it was first introduced. Id. at 62-63.

Nate B. & Francis Spingold Foundation, Inc. v. Halperin (In Re Halperin)

215 B.R. 321 · United States Bankruptcy Court, E.D. New York · Nov 3, 1997

prior to filing for bankruptcy, by claiming that the Defendant continued to hide the mortgage proceeds within the year prior to her petition the Plaintiffs have invoked the doctrine of “continuing concealment” in order to qualify … Because the Plaintiffs have failed to clearly state exactly what artwork, jewelry or proceeds they contend the Defendant has continued to conceal an interest in, issues of material fact exist and Plaintiffs’ motion for summary

Marcella Aguado

United States Bankruptcy Court, E.D. North Carolina · Dec 10, 2021

Section 27 of the Lease clearly states that if CVM takes possession pursuant to legal proceedings, then it has the option to terminate the Lease, but taking possession shall not be construed as an election to terminate … The statement by CVM in the Complaint that the Lease ended on January 30, 2021 would not qualify as notice of intent to terminate the Lease.

First Bank of Linden v. Gunter

United States Bankruptcy Court, N.D. Alabama · Feb 12, 2021

A review of the evidence in this Adversary Proceeding clearly shows that the parties in this case had a long-standing business relationship which caused both parties to assume facts that led to the controversy before the … “In other words, a willful injury means ‘a deliberate or intentional injury, not merely a deliberate or intentional act that leads to injury.”61 “[I]njuries caused by negligent or even reckless conduct do not qualify

Kimmel's Coal and Packaging, Inc.

United States Bankruptcy Court, M.D. Pennsylvania · Dec 3, 2021

Because the Permits or a portion of the rights granted thereunder can clearly be "conveyed" from the Debtors to Rausch Creek as evidenced by the 2019 Application and the representations of the PA DEP, Rausch Creek's argument … Establishing irreparable 17 For the reasons previously stated, the Court views the 2019 Application as a partial conveyance of the Permits that qualifies as a "transfer" under paragraph 2.l(c) of the APA.

In Re Better Care, Ltd.

97 B.R. 405 · United States Bankruptcy Court, N.D. Illinois · Mar 1, 1989

In the Findings, this Court found that Akkeron did not qualify as a petitioning creditor under Section 303(b) because his claims against Better Care were contingent as to liability. … The evidence established that both Broadway Land and Bank acquiesced in these late payments and further that no payment to either Broadway Land or Bank was more than one month late.

Wood v. Hortman, II

United States Bankruptcy Court, D. Utah · Jan 27, 2022

Clearly, the business dealings between the Plaintiffs and BET appear to be inadequate and lacking in detail, which likely contributed to the fallout between the Plaintiffs and BET. … The requisite intent may be established by either direct or indirect evidence.

D.C. Films, Inc. v. Best Film & Video Corp. (In Re Best Film & Video Corp.)

46 B.R. 861 · United States Bankruptcy Court, E.D. New York · Mar 22, 1985

Films subsequent to its efforts to terminate or rescind its contract with Best Films are too inconsequential to qualify as a waiver. … Paragraph 14 of the March 7, 1983 agreement clearly entitles D.C. Films to the relief it seeks here where a default in payment has remained uncured after proper notice.

In Re Hb Logistics, LLC

460 B.R. 291 · United States Bankruptcy Court, N.D. Alabama · Sep 29, 2011

UCC is substantively identical to that of Alabama. 26 Although BEF has not argued that Mississippi has passed a TRAC neutral statute similar to that of Alabama’s, the Court finds that the purported lease agreements are clearly … Although the leases are not subject to termination, the debt- or cannot satisfy any of the other four requirements under the bright line established by Miss.Code § 75-1-203: (1) The original term of the lease is not equal

Aurzada v. Jenkins

United States Bankruptcy Court, N.D. Texas · Apr 17, 2020

The Trustee has clearly satisfied these elements. … immune from attack based upon the Tremont Property’s alleged status as exempt homestead property. 1.

Holber v. Suffolk Construction Co. (In re Red Rock Services Co.)

480 B.R. 576 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 30, 2012

Based on these facts, I conclude that Trustee clearly established that Suffolk owed Red Rock a contractual obligation to honor Change Order No. 00003, at least after it successfully pursued the claim against Silo Point. … Clearly, Trustee proved no link between the $11,710.79 that Suffolk received from Hartford Insurance Company to reimburse it for paying its own staff and Change Order No. 00003.

Wilson v. Moir (In Re Wilson)

359 B.R. 123 · United States Bankruptcy Court, E.D. Virginia · Dec 27, 2006

For their part, the holders of the competing deeds of trust seek to establish their priority over the Moirs. Trial was held without a jury on August 28 and 29, 2006. … Wilson’s name for adverse conveyances in order to qualify as a bona fide purchaser.