Case law

In Re Landing Associates, Ltd.

157 B.R. 791 · United States Bankruptcy Court, W.D. Texas · Jul 19, 1993

The plan proponent has the burden of proof in establishing that the best interests test has been met. … Clearly, Bank United is receiving the present value of its claim under the Plan.

Wayne T Lewis

United States Bankruptcy Court, E.D. Wisconsin · Oct 12, 2022

From the first, Congress established that this option to prolong plan- length would be available for a limited time. … No party has argued that the Court’s September 19, 2021 order was “clearly erroneous.” But the debtor now contends that the factual underpinning—expected prompt receipt of social security funds—was wrong.

1604 Sunset Plaza, LLC

United States Bankruptcy Court, C.D. California · Apr 8, 2022

Supreme Court: Once the movant under § 362(d)(2) establishes that he is an undersecured creditor, it is the burden of the debtor to establish that the collateral at issue is … PB has presented no evidence establishing that the 1604 Sunset Property is declining in value. Therefore, PB has not established that it is entitled to stay relief based upon a lack of adequate protection.

Squarepoint Ops, LLC v. Sesum

United States Bankruptcy Court, S.D. New York · Jun 13, 2024

First, whether the Strategy qualifies as property under applicable law, as required to establish embezzlement under section 523(a)(4). Id. at 124–26. … E.D.N.Y. 2022) (holding that the plaintiff could not establish that the defendant’s actions were willful where the evidence only alleged why defendant failed to pay plaintiff for services performed but did not establish

Aliera LT, LLC, as Liquidating Trustee for The Ali v. Zoe Capital Financial and Insurance Services, Inc.

United States Bankruptcy Court, N.D. Georgia · Sep 30, 2025

Thus, the Plaintiff established that Heather Retsky was the registered agent. … Co., 167 F.3d 933, 937 (5th Cir. 1999) (holding that to qualify as an appearance, the defendant’s actions “must give the plaintiff a clear indication that the defendant intends to pursue a defense and must be responsive

Bohm v. Titus (In Re Titus)

467 B.R. 592 · United States Bankruptcy Court, W.D. Pennsylvania · Feb 29, 2012

also arises, that “[a] medium between the two parameters [of necessities and luxuries] exists, where a transaction is neither fish nor fowl”); In re Blackburn, 68 B.R. 870, 874 (Bankr.N.D.Ind.1987) (“Certain goods may not qualify … Instead, such deposits are comprised of withdrawals from the Debtor’s retirement account; these transfers clearly are not those that are sought to be avoided by way of the Trustee’s amended complaint.

Don Frederick Shefte

United States Bankruptcy Court, W.D. Arkansas · Oct 7, 2021

Were the inquiry to end here, the debtor would clearly prevail. … Several courts have considered whether a debtor’s Arkansas homestead exemption qualifies as urban or rural.

William H. Thomas, Jr.

United States Bankruptcy Court, W.D. Tennessee · Mar 11, 2019

Thomas has failed to establish how any alleged due process violation is prejudicial here. … As such, the equities clearly do not weigh in favor of a stay and the harm to other parties in interest clearly outweigh any potential injury to Mr. Thomas.  

Wells v. Salmo (In re Select One, Inc.)

556 B.R. 826 · United States Bankruptcy Court, E.D. Michigan · Aug 13, 2013

The Debtor’s 2010 tax return (exhibit 2) clearly showed that the Debtor was insolvent. … The Defendants sought to qualify Sheena has an expert in valuation.

Stranz v. Ice Cream Liquidation, Inc. (In Re Ice Cream Liquidation, Inc.)

281 B.R. 154 · United States Bankruptcy Court, D. Connecticut · Jul 31, 2002

Clearly, the narrowest construction consistent with the Constitution likely would be the correct construction there. … That allegation (if proved) qualifies Plaintiffs Stranz and Kemp (if they otherwise prevail) not only for equitable relief (see 42 U.S.C. § 2000e-5(g)) but for damages as well (see 42 U.S.C. § 1981a). 12 That fact *163 sufficiently

Major Model Management Inc.

United States Bankruptcy Court, S.D. New York · Jun 21, 2022

“This requires two findings: ‘First, class counsel must be qualified, experienced and generally able to conduct the litigation. … Rule 23(a)(1): Numerosity Is Satisfied Given that members for each putative class exceeds 40 members, Burgess clearly SATISFIED Rule 23(a)(1)’s numerosity requirement.

Donald R Johnson and Linda A Johnson

United States Bankruptcy Court, D. Colorado · Dec 15, 2021

Clearly, the Debtors are “individuals” because they are natural persons, not corporate entities. … The Chapter 7 Trustee Did Not Establish that the Debtors’ Conduct is Atypical and that their Case is Extraordinary.

Vojislav Sesum

United States Bankruptcy Court, S.D. New York · Jun 13, 2024

First, whether the Strategy qualifies as property under applicable law, as required to establish embezzlement under section 523(a)(4). Id. at 124–26. … E.D.N.Y. 2022) (holding that the plaintiff could not establish that the defendant’s actions were willful where the evidence only alleged why defendant failed to pay plaintiff for services performed but did not establish

Steinbrecher v. Mid-Penn Consumer Discount Co. (In Re Steinbrecher)

116 A.L.R. Fed. 881 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 5, 1990

The Third Circuit Court of Appeals has, on a number of occasions, established the framework for interpreting TILA. *161 The Truth-in-Lending Act was passed primarily to aid the unsophisticated consumer so that he would not … Even though this later premium was added to the loan amount, the Official Staff Commentary to Regulation Z clearly states, at § 226.17(e)l: 1. Events causing inaccuracies.

Leif M. Clark, Trustee of the Edgemere Litigation v. Intercity Investment Properties, Inc.

United States Bankruptcy Court, N.D. Texas · Feb 6, 2023

The evidence clearly reflects that Kong was to serve in one or more of those roles, not as a consultant retained in anticipation of litigation. … No. 120 at 24 (“The start date of the ‘palpable threat of litigation’ against both Kong and ICI as codefendants is clearly established.

Green Bay Packaging, Inc. v. Oscarson (In Re Oscarson)

363 B.R. 542 · United States Bankruptcy Court, N.D. Illinois · Mar 6, 2007

Clearly Schedule C contradicted what Jeff wrote on the first page of the 2003 Financial Statement, and should have at least raised a question about the value of the policy. … Yacobian, 24 Mass.App.Ct. 946 , 508 N.E.2d 1389, 1389 (1987) (“A spouse in circumstances where divorce proceedings are ‘imminent’ may qualify as a creditor ...

In re Samson Resources Corp.

559 B.R. 360 · United States Bankruptcy Court, D. Delaware · Sep 13, 2016

The Ness Claimants have not identified any terms of the Ness Lease, specified any assets that constitute their collateral, or provided any legal theory to establish their status as secured creditors. … However, the Ness Claimants do not qualify for any category of priority claim under section 507 of the Bankruptcy Code. 18.

In re: Branded Operations Holdings, Inc., et al.

United States Bankruptcy Court, S.D. New York · Mar 20, 2026

Anderson’s papers include baseless accusations of fraud or other wrongdoing against Chapter 11 Case professionals, the fiduciaries appointed to administer the Fourth Amended Plan and the claims trusts established thereunder … Anderson is a Qualified Individual under the ADA, there is no merit to his requests for relief in the Objection and Omnibus Motion.

In re: Branded Operations Holdings, Inc., et al.

United States Bankruptcy Court, S.D. New York · Mar 20, 2026

Anderson’s papers include baseless accusations of fraud or other wrongdoing against Chapter 11 Case professionals, the fiduciaries appointed to administer the Fourth Amended Plan and the claims trusts established thereunder … Anderson is a Qualified Individual under the ADA, there is no merit to his requests for relief in the Objection and Omnibus Motion.

Sean M. Dunn

United States Bankruptcy Court, S.D. New York · Aug 11, 2025

According to the Debtor, the Settlement Agreement clearly required LAK3 to correct the Debtor’s TY 2019 1099, the IRS records plainly show that LAK3 in fact issued the 1099, and LAK3 failed to diligently comply with the … But Lang, as a CPA, is not qualified to opine on the Debtor’s emotional distress.