Case law

Irving Russell

United States Bankruptcy Court, N.D. Georgia · Jun 12, 2026

Russell clearly believes that the rules do not apply to him, and he has no intention of complying with his obligations as a debtor in good faith. … Accordingly, the Court finds this case is the extraordinary case in which a debtor’s conduct establishes bad faith sufficient to deny a motion to convert to chapter 13.

In Re Federal-Mogul Global, Inc.

438 B.R. 787 · United States Bankruptcy Court, D. Delaware · Oct 27, 2010

No. 14440, at 7. 3 .In order to establish a prima facie case of conversion, for example, PAS would have to provide evidence necessary to establish the common law elements of a conversion, i.e. the unauthorized intentional … In order to establish an implied duty of good faith and fair dealing between two parties, those parties must be in privity. 4 .

Bridgeforth v. Us Department of Education

United States Bankruptcy Court, M.D. Pennsylvania · Jan 26, 2022

institution; or (ii) an obligation to repay funds received as an educational benefit, scholarship, or stipend; or (B) any other educational loan that is a qualified … His monthly utilities expenses of $1,092.37, which include electricity, heat, water, garbage collection, is clearly excessive.

Randy P. Coley - Adversary Proceeding

United States Bankruptcy Court, E.D. North Carolina · Oct 24, 2019

Facts clearly established in the Virginia Litigation cannot now be brought back into controversy by Mr. Coley. … Coley’s intent to divert the signals and collect subscriber funds from third parties is established in the Virginia Litigation and binding here. That case also establishes that Mr.

Bennett Enterprises, Inc.

United States Bankruptcy Court, D. New Jersey · Mar 16, 2021

Thus, an order must be eligible for immediate enforcement as a final order under Rule 4:59 to qualify under Rule 4:42, Id. … As noted, the burden is on Debtor to establish that the Sale Contract is executory.

Carol Marie Fenimore Safari

United States Bankruptcy Court, D. Vermont · Jan 10, 2025

) ¢ Debtor failed to establish a credible basis that she can support the monthly mortgage payments as set forth in the Plan. Ud. at 7.) … Debtors who qualify for cure and reinstatement do not have to prove that they can make payments after the plan until maturity 20 2:24-cv-00780-gwe Document Filed 01/08/25

Anderson Tooling, Inc. v. Anderson

United States Bankruptcy Court, E.D. Wisconsin · Apr 1, 2022

The Iowa jury verdict as to Lori did not clearly show that her motive was to inflict injury or that her acts were substantially certain to result in injury. … The existence of a fiduciary relationship is a question of federal law, and not all fiduciary relationships qualify. Frain, 230 F.3d at 1017.

Texaco, Inc.

United States Bankruptcy Court, S.D. New York · Feb 21, 2025

But Debtor’s professed surprise rings hollow given the case’s age and the scope of activity that is clearly implicated. … “The movant bears the burden of establishing that permissive abstention is warranted.” Id. (citing In re Residential Cap., LLC, 515 B.R. 52, 67 (Bankr.

The Benaroya Company LLC v. Lewis County

United States Bankruptcy Court, W.D. Washington · Sep 11, 2025

“Waterfall: The provisions established for the disbursement of proceeds from the sale or development of the property established by ¶ 8.8.1 to ¶ 8.8.4 of the Plan.” 26 “Modified Waterfall: The provisions established … The property at issue is clearly defined.

T.H Glennon Co. Inc. v. Monday

United States Bankruptcy Court, D. Massachusetts · Mar 9, 2023

however,that Glennon“believesthat receiving the Filemaker Database, as the earlier judgment held, under whatever unknown form of computer hacking allowed [the Debtor] to bypass the computer access controls is sufficient to qualify … The District Court clearly found that Glennon was injured by the Debtor’s actions, specifically ruling that “[the Debtor’s] access and copying of confidential information caused damage by compromising the ‘integrity’ of that

In Re Johnson

439 B.R. 416 · United States Bankruptcy Court, E.D. Michigan · Oct 14, 2010

That statute requires that a qualified trust include an anti-alienation provision, but it applies only to a trust “forming part of a stock bonus, pension, or profit-sharing plan of the employer.” … But elsewhere the Plan clearly shows an intention that a document separate and distinct from the Plan; namely, “the Trust instrument,” would be the vehicle by which the Trust was created.

In Re GSC, Inc.

453 B.R. 132 · United States Bankruptcy Court, S.D. New York · Jul 18, 2011

At that point, Manzo determined that in the fifth and final round, bids would be submitted in closed envelopes and the highest qualified bid would be declared the winner. Id. at ¶ 37. … To establish that Black Diamond would vote with the motive of receiving more than the ratable equivalent of its proportionate share of the estate, the Non-Controlling Lenders would have to establish that Black Diamond voted

In Re Bryant

439 B.R. 724 · United States Bankruptcy Court, E.D. Arkansas · Oct 8, 2010

the Bank would charge the Debtors for a similar loan, and therefore, could not say what interest rate the Bank would charge the Debtors for a similar loan today; however, he testified that he believed they would probably qualify … Such a substitute clearly must both compensate for present value and insure the safety of the principal. Id. at 1339 (quoting Mariner and adding emphasis).

In re: Victor Lopez Mendez and Imaria Del C. Portela Roman

United States Bankruptcy Court, D. Puerto Rico · Aug 9, 2012

The court then applies hourly rates to 4 billed task “taking into account the prevailing rates in the community for comparably qualified 5 llattorneys” (Lipsett, 975 F.2d at 937, quoting Metro. Dist. … Although the Humbert court 19 the twelve-factor test established in Johnson v.

Weinman v. Walker (In re Adam Aircraft Industries, Inc.)

493 B.R. 834 · United States Bankruptcy Court, D. Colorado · Jun 21, 2013

While [the employee] did not have an enforceable right to payment at the time the [transfer] was made, he clearly did have an unmatured right to payment that preceded the [transfer], A “debt” was created at the time the Agreement … Not all consideration qualifies as "new value." Jones v Ryder Integrated Logistics, Inc. (In re Jotan, Inc.), 264 B.R. 735 , 751 n. 6 (Bankr.M.D.Fla.2001). See also Sarachek v.

First National Bank of Groton v. Dow

United States Bankruptcy Court, N.D. New York · Aug 12, 2025

Both omissions and affirmative misstatements qualify as false statements under § 727(a)(2)(A).” … Here, the omissions are clearly related to the bankruptcy case, but the question remains what is material.

James Franklin Cook, Jr.

United States Bankruptcy Court, N.D. Georgia · May 11, 2020

The record before the Court clearly establishes that Debtor had two cases pending within the previous year, neither of which was dismissed under § 707(b). … But Section 541 neither clearly says nor unambiguously implies….that a bankruptcy estate, once created, necessarily remains static.

Rusciano v. City of Atlantic City

United States Bankruptcy Court, D. New Jersey · Jan 8, 2020

District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … However, “it is well established that a Court may refuse to grant leave to amend a complaint where the amendment would be futile.” Jn re LG Phillips Displays USA, Inc., 395 B.R. 864, 870 (Bankr. D.

In re CWNevada LLC

602 B.R. 717 · United States Bankruptcy Court, D. Nevada · Jun 3, 2019

Because the Debtor is both a person and an entity, it clearly was permitted under Section 301(a) to file its voluntary Chapter 11 Petition. … establishment.

IDL Development, Inc.

United States Bankruptcy Court, D. Massachusetts · Nov 1, 2019

“In general, for a claim to qualify as an administrative expense under subsection 503(b)(1), (1) it must have arisen from a transaction with the trustee or debtor in possession, rather than from a prepetition transaction … narrowly construed to ensure fair distribution of the assets of a bankruptcy estate in accordance with the distribution priorities established by the Bankruptcy Code.