Case law

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.

James Edward Descoteau

United States Bankruptcy Court, D. Idaho · May 4, 2022

Such financing clearly provides that Debtor(s) are fully informed, must and agree to the financing and assignment. … The Code also defines “assisted person” as “any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $204,425.4 Youngblood qualifies as a debt relief agency for

Adam Harrison Bryant - Adversary Proceeding

United States Bankruptcy Court, District of Columbia · Sep 15, 2021

While it is true that when the adversary proceeding was originally filed the Debtor had encountered a period of income instability, the evidence since the filing and through the date of the hearing clearly establishes that … Conclusion Under either the Brunner or the totality of the circumstances test, the facts clearly establish that the Debtor now, and in the foreseeable near future, has the ability

Advanced Telecommunications Network, Inc. v. Allen (In Re Advanced Telecommunications Network, Inc.)

321 B.R. 308 · United States Bankruptcy Court, M.D. Florida · Feb 18, 2005

The company’s assets were not clearly impaired, and no one could have reasonably estimated the amount of the loss at that time. … As such, ATN's forgiveness of the Allens' shareholder loans also would qualify as a direct transfer from ATN to the Allens. 27 .

In Re Affiliated Foods, Inc.

249 B.R. 770 · United States Bankruptcy Court, W.D. Missouri · Jun 19, 2000

Upon the termination of a qualified pension plan, any amount of employer reversion is taxed at a rate of 20% pursuant to 26 U.S.C. § 4980 (a). … At the confirmation . hearing, however, Central States conceded that Affiliated would qualify for the exception for employers who increase participant benefits by 20%. 20 .

In Re Woods Auto Gallery, Inc.

379 B.R. 875 · United States Bankruptcy Court, W.D. Missouri · Dec 27, 2007

The issue was clearly posed and decided. … unreasonable to require Debtor’s estate to pay for consulting fees where the CEO of the lender, Joe Stewart, Jr., has 31 years of banking experience and 18 years of collection agency experience, and is thus overwhelmingly qualified

In Re Nashua Trust Co.

73 B.R. 423 · United States Bankruptcy Court, D. New Jersey · Apr 29, 1987

The court qualified him as an expert in pricing, terms and conditions of loan portfolios, both new portfolios and portfolios in default. (Tr. at 110). … The Trustee clearly has the burden of proof on the issue of adequate protection. See In re Gauvin, 24 B.R. 578 (Bkrtcy.App.Pan. 9th Cir.1982).

Kapila v. SunTrust Mortgage, Inc. (In re Pearlman)

515 B.R. 887 · United States Bankruptcy Court, M.D. Florida · Sep 26, 2014

Because the transfers clearly are avoidable under constructive fraud theories, the Court declines to reach the factual issues raised in the actual fraud counts, although such actual fraud likely occurred given Crudele’s close … In ruling that BDL, not the IRS, was the initial transferee, I held that the IRS was qualified as a subsequent transferee and entitled to § 550(b)’s defense. 77 Because Moore was a principal of both the debtor and BDL, after

Ellenberg v. Those Certain Underwriters at Lloyd's Subscribing to Policy No. ZKQ200037/P1147-1-92 (In Re Prime Commercial Corp.)

187 B.R. 785 · United States Bankruptcy Court, N.D. Georgia · Sep 1, 1995

The bonds, however, were clearly designed to insure the corporations against their employee’s dishonest acts and not their own dishonest acts. … But, it is a qualified privilege and hence an insured’s justifiable concern about litigation over malice or good faith.

Robert Burns Cook, Jr. and Cheryl Lott Cook

United States Bankruptcy Court, E.D. North Carolina · Jan 4, 2022

(“The dicta in Ransom clearly requires that the Debtors be limited to the Local Standard [ ] for their mortgage payment.”). … See, Welsh, 711 F.3d at 1135 (“In enacting the BAPCPA, Congress did not see fit to limit or qualify the kinds of secured payments that are subtracted from current monthly income to reach a disposable income figure.

In re Serviços de Petróleo Constellation S.A.

600 B.R. 237 · United States Bankruptcy Court, S.D. New York · May 9, 2019

had an independent obligation to establish that recognition was proper). … Establishment is defined in Chapter 15 as "any place of operations where the debtor carries out a nontransitory economic activity." 11 U.S.C. § 1502 (2). 27 If a proceeding does not qualify as a main or nonmain proceeding

Black, Davis & Shue Agency, Inc. v. Frontier Insurance Co. in Rehabilitation (In re Black, Davis, & Shue Agency, Inc.)

471 B.R. 381 · United States Bankruptcy Court, M.D. Pennsylvania · Feb 2, 2012

“[I]f a claim is supported not only by a theory establishing federal subject matter jurisdiction but also by an alternative theory which would not establish such jurisdiction, then federal subject matter jurisdiction does … The adjudication of Frontier’s claims clearly is a core matter.

Christopher Lee Allen and Haley Cherie Allen

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 Debtors claimed primarily consumer debts and nonexempt property valued at less than $204,425.

In Re Thomas

261 B.R. 848 · United States Bankruptcy Court, E.D. Virginia · Mar 29, 2001

The criteria for substantive consolidation with corporate debtors is fairly well established. … Birch’s assets came from real estate she owned herself prior to the marriage and which was “clearly her separate property.” Birch, 72 B.R. at 103-04 .

In re: Apple Tree Life Sciences, Inc., et al.

United States Bankruptcy Court, D. Delaware · Apr 14, 2026

Dimitry Rybolovlev, both doctors turned venture capitalists,” established Apple Tree Partners IV, L.P., which was later renamed to ATP Life Science Ventures, L.P.* The Fund is a venture capital fund that was established … When raised, the debtor has the burden to establish that good faith exists.'” There is no definitive list of factors to examine.

Five Point Dental Specialists Inc. v. Benham, DDS, MS

United States Bankruptcy Court, N.D. Texas · Dec 23, 2024

The name use restrictions of § 4.3 are clearly designed to protect the Benham Ortho Practice. … The Court finds that the Plaintiffs have also established a risk of irreparable injury.

In Re Silvus

329 B.R. 193 · United States Bankruptcy Court, E.D. Virginia · Aug 26, 2005

Noting that, despite what would otherwise qualify as reasonable compensation under Section 330(a), the Murphy court concluded that the plain language of Section 326(a) commanded that Chapter 7 Trustees should receive only … Such claim would clearly be in contravention to Section 326(b), which plainly allows only a Chapter 13 Trustee to recover only a percentage of all Chapter 13 plan payments.

In Re LTV Steel Co., Inc.

285 B.R. 259 · United States Bankruptcy Court, N.D. Ohio · Oct 24, 2002

The Court also pointed out that the Sale Order would establish finality for appeal purposes. See id. at 73 . There was no appeal or motion for relief from the Sale Order. … These facilities can clearly be separated given their historical separation, two mills owned by different predecessors of LTV, and their physical separation by the Cuyahoga River. 17 .

Rebecca Lynn Estraca

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.