Case law

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.

Tidwell v. Smith (In Re Smith)

379 B.R. 315 · United States Bankruptcy Court, N.D. Illinois · Dec 7, 2007

However, he clearly had knowledge of the serious suits against him in the state court cases and even identified those suits on his Statement of Affairs. … CONCLUSION The Bankruptcy Code and Rules establish precise requirements to protect both debtors and creditors.

In re Latshaw Drilling, LLC

481 B.R. 765 · United States Bankruptcy Court, N.D. Oklahoma · Oct 12, 2012

The promise should not be found unless it can be clearly implied from the language and purpose of the *796 entire agreement and the surrounding facts and circumstances. … This determination was not clearly erroneous. Id. at 524. . Conner & Winters did not bill for any services in the “Credit Agreement” category. .

In Re Resorts International, Inc.

145 B.R. 412 · United States Bankruptcy Court, D. New Jersey · Aug 16, 1990

The second element under Section 1123(b)(3)(B) which must be demonstrated is that the trustee or appointed party qualifies as a representative of the estate. … Congress clearly intended to transfer some of the judicial gloss placed on the fair and equitable test under former law into the fair and equitable test under § 1129(b). 124 Cong.Rec.H. 11, 103 (September 28, 1978, S. 17,

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.

In re Lopez

574 B.R. 159 · United States Bankruptcy Court, E.D. California · Aug 30, 2017

Post-Ransom, some courts have held that non-purchase money auto loans do not qualify as an “applicable expense.” 36 Those decisions, however, are driven by the debt- or’s lack of good faith, not the reasoning of Ransom , … The trustee here has not shown that the Standards or the IRM clearly exclude non-purchase money loan payments from "ownership expenses.”

In re: Pick & Save, Inc.

United States Bankruptcy Court, D. Puerto Rico · Sep 13, 2012

The Bankruptcy Code 11 not clearly establish when a right to payment arises, but caselaw has held that claims “arise[] 12 when all transactions necessary for liability have occurred, regardless of whether … Mammoth Mart, Inc. din re Mammoth Mart, Inc.), 536 F.2d 950 (1* Cir. 1976), 13 |Ithe First Circuit established a two-prong test to determine whether or not a claim qualifies as an 14 lladministrative expense: (1) the

Daniel v. Del Valle (In re Del Valle)

577 B.R. 789 · United States Bankruptcy Court, C.D. California · Oct 5, 2017

However, Del Valle’s repetitive sales pitch over time overrode any such early reliance, and Daniel clearly relied on him when making her unpaid investments. … The debtors being otherwise qualified for a discharge, the court instructed the clerk’s office to enter the discharge, which was done on September 11, 2017, . The others were voluntarily dismissed in 2015. ' .

Ward v. Bank of Granite (In re Hickory Printing Group, Inc.)

479 B.R. 388 · United States Bankruptcy Court, W.D. North Carolina · Jul 23, 2012

Once the movant has established that there is an absence of any genuine issue of material fact, the burden shifts to the non-movant to present some *396 evidence of a genuine issue of material fact. … It follows, therefore, that because the Original Financing Statement became ineffective upon filing of the Termination Statement and resulted in an unperfected Lien, the re-perfection of the Lien qualifies as a transfer under

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.

Nilhan Financial, LLC

United States Bankruptcy Court, M.D. Florida · Jun 30, 2023

The Court, however, finds that Florida law clearly applies. … Townsend “is not particularly relevant,” and that his testimony “was only to establish the amount of the debt.”’ (Doc. 932, Tr. p. 257). personal between C. Thakkar and Mr.

Nationwide Judgment Recovery, Inc. v. Sorrells

United States Bankruptcy Court, E.D. Texas · Sep 27, 2022

Nevertheless, certain facts have been established. … However, numerous facts have been established through the summary judgment evidence tendered to the Court.

Premier Entertainment Biloxi LLC v. U.S. Bank National Ass'n (In Re Premier Entertainment Biloxi LLC)

445 B.R. 582 · United States Bankruptcy Court, S.D. Mississippi · Sep 3, 2010

Here, the Indenture clearly stated that the Notes accelerated immediately and without further action or notice. … Clearly, § 12.01 of the Indenture was not intended to benefit the Claimants.

In re Millennium Lab Holdings II, LLC

575 B.R. 252 · United States Bankruptcy Court, D. Delaware · Oct 3, 2017

governmental action; 53 it did not flow from a federal statutory scheme; 54 nor was it “completely dependent upon” adjudication of a claim created by federal law. 55 The Court also held that the bankruptcy court does not qualify … and 1334(b), as these issues arise under the Bankruptcy Code and in the chapter 11 case, let alone that they’re clearly related to the chapter 11 case.”

Muroff

United States Bankruptcy Court, D. Idaho · Apr 21, 2026

Pursuant to the Program, non-citizens may apply for permanent residence if they invest in a commercial enterprise in the United States and plan to create or preserve a minimum number of jobs for qualified workers. … The Amended Complaint does not clearly identify who in this case, if anyone, is the transferor and who is the transferee under Bonnett or state fraudulent transfer laws for purposes of actual fraud.

VILMARIE ORTIZ ARROYO

United States Bankruptcy Court, D. Puerto Rico · Nov 9, 2015

The movant “must either clearly establish a manifest error of law or must presen 10 || newly discovered evidence.” Id. See also; BBVA v. … cases in which there is no plan and the debtor does not qualify for a fee waiver pursuant to 28 3 11U.S.C. $1930(f)(1), or it may be paid through the plan. Fed. R. Bankr.

In Re Huber Contracting, Ltd.

347 B.R. 205 · United States Bankruptcy Court, W.D. Texas · Jul 25, 2006

The Lien Claimants here qualify for the preference. 2. … Recording statutes were already well-established in the 1890’s.

Matthew David Michel

United States Bankruptcy Court, D. Utah · Apr 2, 2026

the Quit Claim Deed In 2014, while the Debtor and his spouse (“Spouse”) were married, a house was purchased in Layton, Utah (the “Property”).3 The Spouse did not have sufficient credit or income to qualify … But, Utah is not a community property state, so marriage itself does not establish an ownership interest.

TRU Creditor Litigation Trust v. UPS Supply Chain Solutions Inc.

United States Bankruptcy Court, E.D. Virginia · Apr 21, 2022

Thus, the burden is on UPS to establish that it was a Released Party as defined in the Settlement Agreement and Plan just as it is to establish that there are no material facts in dispute. … UPS clearly meets both criteria. It was owed money by the Debtors at the time of their bankruptcy filings, and it extended credit to the Debtors after their filings.

Panthera Enterprises, LLC

United States Bankruptcy Court, N.D. West Virginia · Apr 1, 2021

Approved Federal Savings Bank, 265 F.3d 248 (4th Cir. 2001), the Fourth Circuit noted that “[t]he primary purpose for [the 1993 amendment that added the safe-harbor provision] was to provide immunity from sanctions to … To the extent it relied on James Punelli as the primary basis for its factual investigation, that was clearly grossly deficient.10 As stated in In re Wilde Horse Enterprises, Inc., 136 B.R. 830, 841 (Bankr. C.D.