Case law

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.

Blackjewel L.L.C. and Lone Mountain Processing, LLC

United States Bankruptcy Court, S.D. West Virginia · Aug 15, 2025

P. 3007(d) and establishing streamlined hearing procedures to efficiently resolve the Trust’s omnibus objections. ECF No. 3705. … fiduciary exception also has been applied in the context of ERISA enforcement actions: “‘where an ERISA trustee seeks an attorney’s advice on a matter of plan administration and where the advice clearly

In Re Panther Mountain Land Development, LLC

438 B.R. 169 · United States Bankruptcy Court, E.D. Arkansas · Oct 22, 2010

Odom both qualified their statements, attributing part of the decline to a reduction in Ms. Odom’s availability. Ms. … The Court limited its review to the purpose of accounting for the "time value of money” as this purpose was clearly explained in the appraisal report (Creditor Exhibit 16, p. 37). 22 .Although a detailed analysis of this

Hirsch v. Tarricone (In Re Tarricone)

286 B.R. 256 · United States Bankruptcy Court, S.D. New York · Mar 14, 2002

Insurance Company (In re Three Flint Hill Limited Partnership), 213 B.R. 292, 298 (D.Md.1997), aff'd, 103 F.3d 120 (4th Cir.1996); 2 COLLIER ON BANKRUPTCY ¶ 101.31, at 101-101 (“[w]hether or not an individual or entity will qualify … (Id. at 203) Of the two basic objectives of personal guarantees, the second (resort to the guarantors’ assets) clearly was not of any concern to either Giagni or Curto.

Brown

United States Bankruptcy Court, W.D. Virginia · Sep 10, 2026

To prove emotional distress damages, the debtor must “(1) suffer significant harm, (2) clearly establish the significant harm, and (3) demonstrate a causal connection between that significant harm and the violation of the … “[G]enuine emotional distress damages should be compensable, even in the absence of related financial loss, but only if the debtor can clearly establish that he suffered a significant harm and demonstrates a causal connection

Maison Royale, LLC

United States Bankruptcy Court, E.D. Louisiana · Mar 11, 2024

Civil Code art. 3494 clearly provides that “[a]n action on money lent” is “subject to a liberative prescription of three years.” La. … Adams and the Debtor but rather is clearly and admittedly a claim for “money lent.”

Manuel v. Bank of America, N.A.

United States Bankruptcy Court, D. Hawaii · Aug 4, 2021

The Supreme Court’s precedents clearly establish that section 501–118 bars an action to set aside a foreclosure sale if that action is brought after a new certificate of title is issued to the buyer at the … When asked at the hearing on BANA’s motion to dismiss, BANA’s counsel could not identify an action that would qualify as an indirect impeachment (but insisted that the trustee’s claim for money damages is a

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.

First Omni Bank, N.A. v. Thrall (In Re Thrall)

196 B.R. 959 · United States Bankruptcy Court, D. Colorado · May 28, 1996

Turkette, 452 U.S. 576, 580 , 101 S.Ct. 2524, 2527 , 69 L.Ed.2d 246 (1981) (if the statutory language is unambiguous, in the absence of a clearly expressed legislative intent to the contrary, that language must ordinarily … A claim for damages as part of the determination of dischargeability does not even qualify as a related matter.

Coan, Trustee of the Estate of First Connecticut C v. Licata

United States Bankruptcy Court, D. Connecticut · Mar 31, 2023

The Trustees in turn assert that Jessica Licata qualifies as a subsequent transferee under CUFTA. See Reply 17–19. … The allegations in the Amended Complaint clearly characterize Jessica Licata as more than a mere conduit of her parents’ asset-shielding scheme –– rather, they clearly characterize her as a subsequent transferee of the

Farm Credit Services of America, PCA v. Woodrum

United States Bankruptcy Court, C.D. Illinois · Feb 24, 2025

And those false statements are clearly of the type and magnitude that would affect any lender’s decision to grant credit. … Stroup and the Debtor showed a general awareness of the information needed to qualify for loans.

Messer v. TX Onshore, LLC (In re Madison Williams & Co.)

509 B.R. 791 · United States Bankruptcy Court, S.D. New York · May 14, 2014

But the Contract clearly requires that any extension be memorialized by “mutual written consent,” and the Plaintiff has not alleged any such writing. … The Court cannot determine whether these emails — not currently before the Court— would be sufficient under Texas law to qualify as “mutual written consent.”

Truong v. 325 Broadway Associates LLC (In re Truong)

557 B.R. 326 · United States Bankruptcy Court, D. New Jersey · Aug 30, 2016

. §§ 541 (b)(2) and 362(b)(10), Debtor had no interest in the Leased Premises to qualify as property of the estate, and Debtor was afforded no protection by the stay from entry of the judgment of possession and warrant of … In so holding, the court reasoned that: [t]he language of Section 362(b)(10) clearly indicates that it is not necessary for a landlord to move in the Bankruptcy Court to vacate the automatic stay when the Debtor is operating

National Events Holdings, LLC

United States Bankruptcy Court, S.D. New York · Feb 12, 2025

Chapter 11 Cases to cases under chapter 7 of the Bankruptcy Code (the “LLC Debtors’ Chapter 7 Cases”).12 Kenneth Silverman was appointed as the interim trustee of the LLC Debtors by the United States Trustee,13 he duly qualified … He says that in the Motion he “seeks a minor modification to the [KBT] Retention Order to more clearly set forth what is already in there to begin with.” Reply ¶ 17.

Christina Lee Lanier-Fravel

United States Bankruptcy Court, N.D. Oklahoma · May 18, 2026

The words ‘unless the debtor may be a debtor under such chapter’ expressly conditioned Marrama’s right to convert on his ability to qualify as a ‘debtor’ under Chapter 13.”); L. v. … Debtor’s reported monthly income of $10,300.00 is clearly insufficient to cure the arrears and make ongoing mortgage payments over the life of a 32 In re Sherman, 600 B.R. 453, 456-57 (Bankr.

Campbell v. Countrywide Home Loans, Inc. (In Re Campbell)

361 B.R. 831 · United States Bankruptcy Court, S.D. Texas · Mar 16, 2007

Upon an adequate showing, the burden shifts to the non-moving party to establish a genuine issue of material fact. Warfield, 436 F.3d at 557 . … The $0.03 discrepancy between exhibits "A" and “B” is due to a rounding error on the establishment of the $318.98 escrow deposit amount.

Davis v. Davenport (In Re Davenport)

147 B.R. 172 · United States Bankruptcy Court, E.D. Missouri · Oct 13, 1992

Davenport could not recall where he obtained the $100,000.00 he used to establish the Sun Bank account. 7. … Some of the checks were clearly identified as tuition $3,315.00, rent $3,325.00 and dental expenses $53.00, while others, ranging in amounts from $1,000.00 to $1,800.00, were payable to Mark without explanation.

In Re Brooke Corporation

443 B.R. 856 · United States Bankruptcy Court, D. Kansas · Jan 5, 2011

Finally, the court noted that the Committee’s legal research as to potential claims was clearly undertaken with an eye toward bankruptcy and that complaints to avoid prepetition redemptions were filed almost simultaneously … Riederer as a qualified person to manage the Brooke Parties and obtaining his appointment as Special Master in the Special Master Case.

Madison Resource Funding Corp. v. MARSH

United States Bankruptcy Court, D. Minnesota · Jan 25, 2021

No. 83, but did not move to qualify John Carney as an expert during the trial. 108. … Exhibit 33 and the testimony of the Madison employees clearly established a debt arising from breach of contract (ex. 6) of $1,676,162.20 owed 33 by

Fangio v. Vehifax Corp. (In re Ajax Integrated, LLC)

554 B.R. 568 · United States Bankruptcy Court, N.D. New York · Aug 4, 2016

(Wieder Aff., ¶5), As stated by Wieder, “[t]o qualify as a capital lease, the lessee must have the ability to purchase the leased goods at lease end at a bargain price” and “[t]he $16,900 purchase price option was intended … By going against the Trustee personally, Defendants must establish Trustee’s negligent or willful acts which none of the facts suggest. Trustee’s decision to use Mr.