Case law

James Olivette Ezell

United States Bankruptcy Court, D. New Jersey · Mar 25, 2026

Clearly, Mr. Ezell qualifies as a serial bankruptcy filer. His actions have caused many delays of foreclosure proceedings. … Upon establishing cause, “bankruptcy courts have discretion to dismiss with prejudice and bar the filing of subsequent bankruptcies." In re Napier-Lopez, 2023 Bankr.

James Liukonen

United States Bankruptcy Court, E.D. Wisconsin · Jun 9, 2025

Rather than answer this question, Byrd turns to differences between §1328(a)(4) and §523(a)(6): “Section 1328(a)(4) is clearly worded differently than 11 U.S.C. … or subject to establishment.’

AUCTION CREDIT ENTERPRISES, LLC v. Ferreira

United States Bankruptcy Court, N.D. Georgia · Oct 24, 2019

Where courts have determined that floor plan arrangements do create qualifying trusts, there have been more requirements in the underlying agreement. … Moreover, to establish that an act is malicious, it must be wrongful and without just cause.

Springfield Medical Care Systems, Inc.

United States Bankruptcy Court, D. Vermont · Nov 22, 2019

The UST’s third, final, and most compelling argument urging denial of the Application relies on the standard for nunc pro tunc appointment the Second Circuit, as established in Cushman & Wakefield v. … The Second Circuit has clearly articulated the discretionary powers of bankruptcy courts with respect to the approval of professional: When evaluating proposed retention, a bankruptcy

In Re Jamuna Real Estate, LLC

357 B.R. 324 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 20, 2006

Where a matter does not qualify as "core" but has some meaningful nexus with the bankruptcy case, it may nevertheless be heard by the Bankruptcy Court on a preliminary basis: A bankruptcy judge may hear a proceeding that … In response, Plaintiff offers the rather circular argument that all they need to show to establish a viable turnover claim is that the money demanded is property of the estate. Plaintiffs' Brief, 7.

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.

Wasserman v. Capazzi (In Re Day)

443 B.R. 338 · United States Bankruptcy Court, D. New Jersey · Feb 2, 2011

These cases could well be viewed as rarities involving clearly defined policy-laden matters reflected in statute or regulation. … If in writing, the trust agreement would qualify as an instrument "of the nature” included in NJ.S.A. 46:16-1 and would then if *346 unrecorded be trumped by the BFP per N.J.S.A. 46:22-1. 14 .

BOWER v. Stephenson

United States Bankruptcy Court, District of Columbia · Dec 12, 2022

The Scheduling Order established a discovery deadline of June 21, 2022 and a deadline for dispositive motions of August 5, 2022. … In Pavlovich, confirmation of the plan clearly gave finality to the Debtor’s discharge because he was discharged upon confirmation.

Mark D Christensen and Sarah A Christensen

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

Sanctions Because the record clearly establishes that Youngblood did not meet the requirements of Rule 1007 and § 521 and that he violated Idaho Rule of Professional … 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 $204,425.3 Youngblood qualifies as a debt relief agency for

Simpson v. Levitsky (In Re Levitsky)

401 B.R. 695 · United States Bankruptcy Court, D. Maryland · Sep 30, 2008

The Trustee then presented her case in the second adversary proceeding to establish the invalidity of the liens of both CIT and M & T. … Levit-sky's fraud and breach of his fiduciary duties are clearly related to the actual harm which was caused by Dr. Levitsky's malfeasance. (7) Dr.

Parrott

United States Bankruptcy Court, M.D. North Carolina · Apr 10, 2026

To qualify as creditors under the NCUVTA, therefore, the policyholders must have some relationship with the Debtor that provides them with a right to payment. … The allegations stated in the Amended Complaint, however, are insufficiently pleaded to establish the first step.

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 .

Turner v. United States (In Re Turner)

195 B.R. 476 · United States Bankruptcy Court, N.D. Alabama · Apr 2, 1996

Section 292f(g) now provides that qualifying debts, “may be released by discharge in bankruptcy ... if such discharge is granted — after the expiration of the seven-year period beginning on the first date when such repayment … It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.” Marbury v. Madison, 5 U.S. (1 Cranch.) 137, 176 (1803).

Pacific Links US Holdings, Inc. v. Tianjin Dinghui Hongjun Equity Investment Partners

United States Bankruptcy Court, D. Hawaii · Aug 8, 2022

If the aggregate net worth of all of the obligors were less than or equal to $57 million, each of the obligors would clearly be insolvent. … Therefore, TDH has not met its burden to establish the good faith defense. III.

JPA No. 111 Co., Ltd.

United States Bankruptcy Court, S.D. New York · Feb 1, 2022

To do so would be to improperly elevate form over substance where the evidence establishes the existence of U.S. … Thus, in sum, the Court finds that the third, fourth, and seventh C-TC factors are not satisfied here, while the first (to a qualified extent), second, sixth, and eighth are satisfied.

District of Columbia v. Stephenson

United States Bankruptcy Court, District of Columbia · Dec 12, 2022

The Scheduling Order established a discovery deadline of June 21, 2022 and a deadline for dispositive motions of August 5, 2022. … In Pavlovich, confirmation of the plan clearly gave finality to the Debtor’s discharge because he was discharged upon confirmation.

Northshore Neurological Surgery Assoc. v. Provenza (In Re Provenza)

316 B.R. 177 · United States Bankruptcy Court, E.D. Louisiana · Jul 24, 2003

Clearly, he was negligent and clearly he engaged in fraud. One would think, given the evidence, that he did this to ensure that his ex-wife received as little money as possible. … As evidenced more clearly by the Fifth Circuit opinion in Corley v.

In Re Hurricane Technological Systems, Corp.

443 B.R. 575 · United States Bankruptcy Court, D. Puerto Rico · Jan 20, 2011

Monge’s arguments for retroactive approval of his application for employment do not establish extraordinary circumstances because they all hinge upon Mr. Monge’s tardiness. Thus Mr. … Moreover, the application for compensation should clearly describe and explain the services provided to the estate to enable the court to review the reasonableness of the compensation requested. Allan N.

ANTONIO OTERO NAZARIO

United States Bankruptcy Court, D. Puerto Rico · Jul 15, 2015

The trustee’s reading of the adverb “exclusively” in Section 3 19 modifies “occupy,” thereby restricting the use that may be given to a claimed residential property in 20 order to qualify for the homestead grant. … XVI, § 51 (Emphasis added). 23 Unlike Florida and Texas, Puerto Rico’s legislature clearly decided to leave out restrictions 24 regarding size in Act 195.

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 .