Case law

Ratner Companies, L.C.

United States Bankruptcy Court, D. Maryland · Dec 1, 2022

Because the company “‘clearly’ changed its policies based on [the attorney’s] information arid advice,” the court denied liquidated damages on the grounds of good faith. Jd at 376. … “Perez, 650°F.3d at 375 ; Roy, 141 F.3d at 548, This principle is most clearly illustrated in McFeeley v.

Creative Hairdressers, Inc.

United States Bankruptcy Court, D. Maryland · Dec 1, 2022

Because the company “‘clearly’ changed its policies based on [the attorney’s] information arid advice,” the court denied liquidated damages on the grounds of good faith. Jd at 376. … “Perez, 650°F.3d at 375 ; Roy, 141 F.3d at 548, This principle is most clearly illustrated in McFeeley v.

In re Tribune Media Co.

552 B.R. 282 · United States Bankruptcy Court, D. Delaware · May 25, 2016

Henke while concealing the Sun’s own official and professional misconduct, as well as that of the University and others. 138 “Had The Sun been forthright in any one of the matters, clearly he and his family would not have … Sullivan, 376 U.S. 254 , 84 S.Ct. 710 , 11 L.Ed.2d 686 (1964), "the Supreme Court held that in a state libel trial, a public official must establish ‘malice,' defined as a knowing falsity or reckless disregard for the truth

In re Johnson

601 B.R. 365 · United States Bankruptcy Court, E.D. Pennsylvania · May 14, 2019

Therefore, the Debtor's credible testimony has established that that Mr. … June 16, 2016) ("Attorneys' fees...may qualify as actual damages under § 362(k) when they are necessary to stop an ongoing stay violation, undo the effects of a stay violation, or recover pre-litigation actual damages.").

MINERVA PADILLA CRUZ

United States Bankruptcy Court, D. Puerto Rico · May 18, 2018

As such, the 20 Debtor clearly had a property interest in his pre-petition accumulated leave as of the petition date. … 305, 308-09 (1991) (“It is self-evident that “[n]o property can be exempted (and thereby 23 24 immunized

Garcia

United States Bankruptcy Court, W.D. Texas · Apr 1, 2026

See 4 Collier on Bankruptcy ¶ 523.10 (16th 2025) (“The phrase ‘while acting in a fiduciary capacity’ clearly qualifies the words ‘fraud or defalcation’ and not ‘embezzlement’ or ‘larceny.’ … In the Fifth Circuit, an “express or technical” trust is required to establish a fiduciary relationship sufficient to hold a debt nondischargeable under § 523(a)(4).30 “To establish an express or technical trust, an agreement

In Re Hyman Companies, Inc.

440 B.R. 390 · United States Bankruptcy Court, E.D. Pennsylvania · May 28, 2010

But the evidence established that Marriott Copley requested no such effort. … This after-the-fact review clearly does not satisfy the obligation to use best efforts that is prescribed by Section 11 of the Lease.

Viva Inn, Inc. v. Amtrust Financial Services Inc

United States Bankruptcy Court, N.D. Texas · Apr 13, 2023

that New York Inn has standing to bring a breach of contract action because it was “an intended and disclosed third-party beneficiary to the [P]olicy at the very least.”34 In order for New York Inn to qualify … The intention to contract or confer a direct benefit to a third-party must be clearly and fully spelled out or enforcement by the third-party must be denied.

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

Purdue Pharma L.P.

United States Bankruptcy Court, S.D. New York · Nov 20, 2025

, see Plan §§ 5.4, 5.5; • Establishment of the Master Disbursement Trust, see Plan § 5.6; • Establishment of the Creditor Trusts, see Plan § … The Plan clearly provides creditors with no less than they would receive in a hypothetical Chapter 7 liquidation. See DelConte Report ¶ 8.

Payne v. Payne

United States Bankruptcy Court, N.D. Texas · Nov 23, 2022

The Post-Divorce QDRO Suit The Family Court also oversaw a post-divorce enforcement action centering around the qualified domestic relation order (QDRO) completion and approval process … This Court denied the motion, stating that Plaintiff had established a plausible claim.

In Re Miller

444 B.R. 446 · United States Bankruptcy Court, N.D. Oklahoma · Jan 18, 2011

They have established that the sum of $450,000 was transferred to Miller. They have presented documentary evidence establishing that Miller acknowledged the validity of the Bullock Claim on several occasions. … In addition, the evidence establishes that Miller affirmatively stated to the IRS that the Bullock Claim was a debt. Numerous billing statements were presented establishing the amount of the Bullock Claim.

In Re SemCrude, LP

407 B.R. 82 · United States Bankruptcy Court, D. Delaware · Jun 19, 2009

As a practical matter, an operating agreement is designed to set forth a process by which the well is drilled and the production is established, and to govern the operations of a productive well after it has been established … If the nonmoving party fails to present facts establishing a genuine issue for trial, the moving party is entitled to summary judgment.

9281 Shore Road Owners Corp. v. Seminole Realty Co. (In Re 9281 Shore Road Owners Corp.)

214 B.R. 676 · United States Bankruptcy Court, E.D. New York · Oct 30, 1997

The Goldstiek Defendants were not named parties to the State Court foreclosure action and the inclusion of the Gold-stick Defendants within the Debtor’s third counterclaim is not, alone, enough to qualify as parties. … Nemsa Establishment, S.A. v. Viral Testing Sys. Corp., No. 95 Civ. 0277(LAP), 1995 WL 489711 , at *2 (S.D.N.Y.1995).

In Re Kids Creek Partners, L.P.

220 B.R. 963 · United States Bankruptcy Court, N.D. Illinois · Apr 24, 1998

To qualify for this superpriority, § 507(b) states that the creditor must have a claim allowable under section 507(a)(1). … None of that was established by proof.

Rieser v. Hayslip (In Re Canyon Systems Corp.)

343 B.R. 615 · United States Bankruptcy Court, S.D. Ohio · Mar 31, 2006

To qualify as an IA, a person had to pay Canyon $75 and was required to undergo sales training, which consisted of three parts: attending four training sés- *627 sions, viewing the Training Video, and passing an examination … [They hold] that the payment of interest to innocent investors pursuant to a contractual obligation clearly constitute^] the satisfaction of an antecedent debt and, therefore, based upon the clear language of the statute,

Stephen S. Gray, Not Individually but Solely in Hi v. The Williamsburg Hotel BK, LLC

United States Bankruptcy Court, S.D. New York · Oct 10, 2025

Qualifying businesses included those that were suspended by a government order due to the pandemic or experienced a decline in gross receipts during 2020 or the first three calendar quarters of 2021. … If the ERTC Refund was paid to the Debtor, the funds clearly would have become property of the estate.

In Re Nortel Networks, Inc.

469 B.R. 478 · United States Bankruptcy Court, D. Delaware · Mar 20, 2012

To qualify for the adverse interest exception, a party needs . to allege total abandonment of the corporation’s interests by the interested parties. AIG, 976 A.2d at 891 . … These are clearly not fraud claims. NNIR responds by asserting that Irish courts view the distinction among the varieties of mistake as neither consistent nor consequential.

Bank Meridian, N.A. v. Ultra Holdings, LLC (In re Earth Structures, Inc.)

490 B.R. 199 · United States Bankruptcy Court, D. South Carolina · Mar 29, 2013

The only motion before the Court to satisfy Rule 60(b) is the Wicker Motion filed on August 27, 2012. 86 While Wicker may represent himself in this lawsuit, there is no evidence in this record that Wicker is qualified to … Any relief requested on behalf of Ultra must clearly be denied. That Defendant has not made a proper appearance in this case since 2011.

Schreiber v. Emerson (In Re Emerson)

1999 BNH 37 · United States Bankruptcy Court, D. New Hampshire · Oct 26, 1999

“Section 727(a)(5) is broadly drawn and clearly gives a court broad power to decline to grant a discharge in bankruptcy where the debtor does not adequately explain a shortage, loss, or disappearance of *29 assets.” … However, the witness was not qualified as an expert, and he admitted that he had not inspected the Seneca.