Case law

Orly Genger

United States Bankruptcy Court, S.D. New York · Feb 9, 2021

Clearly, that court is best suited to determine any matters of Israeli law. … The report plainly qualifies as a “document.”

Cherry v. Arendall (In Re Cherry)

247 B.R. 176 · United States Bankruptcy Court, E.D. Virginia · Mar 8, 2000

See also In re Mickens, 229 B.R. 114, 118 (Bankr.W.D.Va.1999) (“Clearly, allowing a debtor to sign a note which places him under the same obligation which he was subject to pre-dis-charge does not constitute a voluntary repayment … The Fourth Circuit Court of Appeals has considered the necessary eviden- *188 tiary showing to establish a willful violation of the automatic stay, holding that “to constitute a willful act, the creditor need not act with

In Re Maurice

167 B.R. 114 · United States Bankruptcy Court, N.D. Illinois · Mar 31, 1994

A judge is presumed qualified to hear a proceeding and the movant has the burden of proving otherwise. Idaho v. Freeman, 478 F.Supp. 33 (D.Idaho 1979). … Restrictions on attorneys’ rights to practice inherently involve disciplinary matters better reserved to those bodies who clearly have the authority to suspend or disbar.

In Re Egbert

384 B.R. 818 · United States Bankruptcy Court, E.D. Arkansas · Apr 10, 2008

However, even court-ordered child support is not automatically excluded because the debtor must also establish to the bankruptcy court’s own satisfaction that the expenditure of that support is reasonably necessary for the … While § 1325(b)(2) clearly states that the child support and other payments for a dependent child will be exempted from inclusion in current monthly income only if those payments are made in accordance with nonbank-ruptcy

Coalinga Regional Medical Center

United States Bankruptcy Court, E.D. California · Oct 2, 2019

act or failure to act by the UST. 1 that § 901(a)’s incorporation of the entirety of § 1102 did not 2 “compel a different result” because other subsections of § 1102 3 clearly … Third, Committee’s “heavy burden” to establish 26 that either statute displaces the other has not been met here. See Epic Sys. Corp. v. Lewis, 138 S.

1St Franklin Financial Corp. v. Barkley (In re Anthony)

302 B.R. 843 · United States Bankruptcy Court, N.D. Mississippi · Oct 31, 2003

It is my opinion that any credit life insurance coverage that is sold in excess of the indebtedness does not qualify as credit life insurance and was therefore sold as regular life insurance. … CLAIMS RECONSIDERATION PURSUANT TO § 502(j) OF THE BANKRUPTCY CODE No one knows exactly what the admissible evidence will eventually establish in the trial of the Trustee’s proposed causes of action.

Yorke v. Citibank, N.A. (In Re BNT Terminals, Inc.)

125 B.R. 963 · United States Bankruptcy Court, N.D. Illinois · Feb 21, 1991

Shopko deposited the purchase price into the escrow established for the purpose of purchasing the Omaha Terminal from the debtor BNT. BNT deposited the deed. … There is absolutely no basis in law or in fact that can sustain Home State’s position and clearly equity should not do so. The court dismisses these defenses.

Pavement Markings Northwest, Inc.

United States Bankruptcy Court, D. Idaho · Jan 31, 2020

The financial arrangements for Neighbors/SOS’ work were addressed several times, in various submissions (e.g., the “Receiver’s reports”) and at the two hearings, but not clearly. … Id. at *2–3.34 Given the state court’s terms of appointment, Cordes qualified as a custodian.

In re: 7 AT BLUE LAGOON (1), LLC, and 7 AT BLUE LAGOON (2), LLC

United States Bankruptcy Court, S.D. Florida. · Sep 2, 2026

This Court enforces remedies clearly expressed in agreed orders. More time to pursue a frivolous appeal is not one of the remedies. The Motion for Stay will be denied. I. … The Motion for Stay also fails to establish each of the other factors necessary to obtain a stay pending appeal.

In Re Jefferson County, Ala.

469 B.R. 92 · United States Bankruptcy Court, N.D. Alabama · Mar 4, 2012

At a hearing on December 15, 2011, the County presented evidence to establish that it met the requirements of 11 U.S.C. § 109 (c)(l)-(5). … In other words, it clearly encompasses the contemporaneous and future issuance of bonds.

Bestwall LLC

United States Bankruptcy Court, W.D. North Carolina · Feb 21, 2024

To establish . . . uniform Laws on the subject of Bankruptcies throughout the United States.” … Cas. at 496 (“general, unlimited and unrestricted”); Ralph Brubaker, Explaining Katz’s New Bankruptcy Exception to State Sovereign Immunity: The Bankruptcy Power as a Federal Forum Power, 15 ABI L.

In Re American Plumbing & Mechanical, Inc.

327 B.R. 273 · United States Bankruptcy Court, W.D. Texas · Jun 28, 2005

See In re Lease-A-Fleet, Inc., 148 B.R. 419, 429 (Bankr.E.D.Pa.1992) (cost of $ 162,000 “clearly exceeded the amounts recovered (‘tens of thousands’ of dollars)”); Consolidated Bancshares, 785 F.2d at 1252 (“needless duplication … lowering the “temperature” of a case by preventing excessive litigation and encouraging cooperation. 10 The problem in considering benefits that are not readily calculable is figuring out how to discern the activities that qualify

In Re Qimonda AG

462 B.R. 165 · United States Bankruptcy Court, E.D. Virginia · Oct 28, 2011

Jaffé filed a motion to modify the Supplemental Order to remove the reference to § 365 altogether or to qualify it by inserting a proviso that § 365 would apply “only if the Foreign Representative rejects an executory contract … Jaffé to establish procedures for the sale of the U.S. patents. 6 It subsequently re *172 ceived a letter from Dr.

Pereira v. Centel Corp. (In Re Argo Communications Corp.)

134 B.R. 776 · United States Bankruptcy Court, S.D. New York · Dec 27, 1991

Clearly, the two-year extension provided in 11 USC § 108 (a)(2) has expired. Trustee must therefore rely solely on appli *785 cable nonbankruptcy limitations law. … The party moving for summary judgment has the burden of clearly establishing that no relevant facts are in dispute. Celotex Corp., supra, 106 S.Ct. at 2548 ; Anderson, supra, 106 S.Ct. at 2512 ; Adickes v. S.H.

Robert Clyde Zimpher and Marilyn Kay Zimpher

United States Bankruptcy Court, N.D. Ohio · Sep 27, 2019

However, recent Supreme Court decisions clearly state that the Bankruptcy Code’s provisions limit a bankruptcy court’s equitable powers. See, Law v. … In short, the funds were returned and are property of the bankruptcy estate, subject to the Chapter 7 distribution priorities established by §726(a).

Gander Mountain Company

United States Bankruptcy Court, D. Minnesota · Aug 7, 2019

The Key Executives claim that the Key Employee Plans are “ambiguous because they fail to establish crucial deadlines,” and “there is no deadline for selling or transferring the stores . . . the ‘Going Concern Sale’ does … Put simply, neither acquiring the ability to assign leases nor acquiring ownership of inventory and equipment assets qualifies as a “sale or transfer” of a store itself.

Insulation Coatings & Consultants, LLC v. Liberty Mutual Insurance Company

United States Bankruptcy Court, W.D. Pennsylvania · Mar 18, 2025

establish that it is owed for labor and materials provided to LPCiminelli for work outlined in the Project’s general contract. … Today, however, the Debtor has not shown its claim qualifies for coverage under the general contract.

Kroh Bros. Development Co. v. Aoki Landscape Maintenance, Inc. (In Re Kroh Bros. Development Co.)

104 B.R. 182 · United States Bankruptcy Court, W.D. Missouri · Jul 28, 1989

A creditor that raises a “subsequent advance” defense had the burden of establishing these elements. Prescott, 805 F.2d at 731 . … Isis involved a number of preferential transfers followed by a number of advances by the creditor that qualified as new value.

Clay G. Plaisance

United States Bankruptcy Court, W.D. Louisiana · Jul 13, 2020

facts as to which McCabe was qualified to testify. … Testimony at the hearing, which the Court finds to be credible, established that many of Adreima’s employees were unhappy there.

Kipps v. Stincavage-Kipps

United States Bankruptcy Court, M.D. Pennsylvania · Mar 31, 2022

As respondents point out, omissions can qualify as ‘acts’ in certain contexts.” Fulton, 141 S. Ct. at 590. See also In re Iskric, 496 B.R. 355, 362 (Bankr. M.D. … As alluded to above, the State Court clearly had tired of the “gamesmanship” employed by the Debtor in the divorce proceeding which had been pending since 2012.