Case law

Credito Real, S.A.B. de C.V., SOFOM, E.N.R. and Robert Wagstaff

United States Bankruptcy Court, D. Delaware · Apr 1, 2025

But the critical difference lies in the language that qualifies “any . . . including” in each section. … at 91 (holding the same and emphasizing that the “public policy exception is clearly drafted in narrow terms and the few reported cases that have analyzed section The In re Vitro S.A.B. de C.V. court makes a similar

Hoc, Inc. v. McAllister (In Re McAllister)

216 B.R. 957 · United States Bankruptcy Court, N.D. Alabama · Jan 26, 1998

with the Constitution and laws of the United States, serving a summons or filing a waiver of service in accordance with this rule or the subdivisions of Rule 4 Fed.R.Civ.P. made applicable by these rules is effective to establish … Obviously the garnishment proceeding filed by the plaintiff herein does not qualify as it involves neither the liquidation of property of the bankruptcy estate nor the adjustment of some dispute between the plaintiff and

Steven Dwayne Duby

United States Bankruptcy Court, C.D. Illinois · Dec 8, 2025

He was quickly, and without objection, qualified to testify as an expert in the field of accounting. Mr. … Generally, a debtor has the initial burden of establishing eligibility for a bankruptcy filing. “The burden of establishing eligibility in bankruptcy lies with the party filing the bankruptcy petition.”

In Re Nm Holdings Company, LLC

405 B.R. 830 · United States Bankruptcy Court, E.D. Michigan · Oct 16, 2008

Sarcos L.C., 199 F.Supp.2d 1181, 1193 (D.Utah 2002)("Clearly accounting and disgorgement are remedies under Utah law, not separate causes of action."). … Georgia-Pacific's argument implies that anyone who suborns the chief operating officer of a corporation has by virtue of that success purchased immunity from liability to the principal victim.

Coan v. Hutter (In Re Hutter)

207 B.R. 981 · United States Bankruptcy Court, D. Connecticut · Apr 30, 1997

Stress and stressful situations are clearly aggravating this problem and making it even more difficult to control his blood pressure. … That aside, it is clear from the disclosures in her Application that she did not qualify.

Stephen C Jenkins - Adversary Proceeding

United States Bankruptcy Court, N.D. Texas · Sep 4, 2019

Clearly, it was not a fully installed, functioning Aerobic Sewer System. 16. … While ordinarily an agreement to accept property “as is” will preclude a buyer’s later complaint about the condition of the property, an “as is” clause does not immunize fraudulent conduct on the part of a seller.

Zajac v. World Business Lenders, L.L.C.

United States Bankruptcy Court, E.D. Michigan · May 27, 2025

Defendants clearly received notice of this, as their counsel filed a corrected Notice of Limited Appearance [Doc. No. 11] six days later. … The party seeking to invoke Civil Rule 60(b) bears the burden of establishing that its prerequisites are satisfied. See McCurry ex rel. Turner v. Adventist Health Sys.

Zajac v. World Business Lenders, L.L.C.

United States Bankruptcy Court, E.D. Michigan · May 23, 2025

Defendants clearly received notice of this, as their counsel filed a corrected Notice of Limited Appearance [Doc. No. 11] six days later. … case law consistently teaches that out-and-out lawyer blunders—the type of action or inaction that leads to successful malpractice suits by the injured client—do not qualify

In Re Kingston Square Associates

214 B.R. 713 · United States Bankruptcy Court, S.D. New York · Sep 24, 1997

Obviously, Richardson clearly be- *723 lieved that the reason for his presence, as DLJ’s guardian of the properties, had been mooted because DLJ was in complete control, having installed receivers at the properties and having … Other courts held that if the “commission of a fraud on the court [is] established, the petition should be dismissed.....”

Aldrich Pump LLC

United States Bankruptcy Court, W.D. North Carolina · Dec 28, 2023

. §1334, and their eligibility as chapter 11 debtors is clearly established under section 109(d) of the Bankruptcy Code. Debtor’s Objection, Doc. 1781, p. 8; Debtor’s Objection, Doc. 1813, pp. 15-16. … The Supreme Court stated in that case: Congress took care in § 109 to specify who qualifies-and who does not qualify-as a debtor under the various chapters of the Code.

Connor v. Russell

United States Bankruptcy Court, M.D. Tennessee · Sep 9, 2021

Does the judgment for possession that existed at the time of the eviction qualify as a judgment that should be recognized for purposes of section 362(b)(22) even though it was later found to be void ab initio? B. … That type of landlord/tenant relationship for purposes of an unlawful detainer action can be established by language in a deed of trust. Id.

In Re Computer Learning Centers, Inc.

285 B.R. 191 · United States Bankruptcy Court, E.D. Virginia · Aug 9, 2002

The trustee was also authorized to establish and operate a records retention center. … Among the trustees, their usual counsel and the bankruptcy bar, there is an ample number of counsel available who regularly appear before the court to represent trustees, or are fully qualified to represent trustees.

In Re McDaniel

89 B.R. 861 · United States Bankruptcy Court, E.D. Washington · Jun 30, 1988

Clearly a purchaser’s interest is much more than the “mere” contract interest referred to in the days of Ashford v. Reese, supra. … To qualify for relief under § 362(d)(1), the party requesting relief must show “cause, including the lack of adequate protection.”

Redmond v. NCMIC Finance Corp. (In re Brooke Corp.)

568 B.R. 378 · United States Bankruptcy Court, D. Kansas · May 15, 2017

Johnson’s credentials and experience show that he is better qualified than Mr. Tittle for the specific task of determining solvency in this case. Mr. … Likewise, LandAmerica 185 and PSN USA, 186 two other cases relied on by NCMIC, are clearly distinguishable.

Retail Group, Inc.

United States Bankruptcy Court, E.D. Virginia · Jan 18, 2022

“This immunity covers committee members for actions within the scope of their duties.” /d. … Therefore, the Court concludes that the Bankruptcy Court clearly erred in approving the Exculpation Provisions.

Albert Togut, Not Individually but Solely in His C v. VNB New York LLC

United States Bankruptcy Court, S.D. New York · May 11, 2023

And . . . if I determine that the motion clearly, to my mind . . . should be denied, then I may enter an order of denial on the motion without requiring further submission of briefing or argument at all. … LEXIS 526 (2020) (“Orders in bankruptcy cases qualify as ‘final’ when they definitively dispose of discrete disputes within the overarching bankruptcy case”)).

Two Rivers Irrevocable Trust

United States Bankruptcy Court, M.D. Georgia · Jul 17, 2023

The evidence establishes that Two Rivers Trust has simply existed since its inception. … In that case, the court said that it did not need to decide which approach was correct because under any of the test, the trial court was clearly erroneous in finding bad faith.

City of Chester v. PHCC LLC d/b/a Preston Hollow Community Capital, e

United States Bankruptcy Court, E.D. Pennsylvania · Nov 3, 2023

In Count I (Declaratory Judgment), the City asks this Court to enter an order declaring that the Pledged Revenues payable to the City after the Petition Date do not qualify as “special revenues” under the Bankruptcy Code … Under Pennsylvania law, “[l]anguage not clearly written as a condition precedent is presumed not to be, unless the contrary clearly appears to be the intention of the parties.” Mellon Bank, N.A. v. Aetna Bus.

Sparhawk, LLC

United States Bankruptcy Court, W.D. Wisconsin · Apr 24, 2026

The Bank failed to establish by clear and convincing evidence that this constituted improper conduct. … Clearly such a prompt and timely appointment would be in the best interests of all parties in interest—creditors, the estate, and equity holders.

Eastern Air Lines, Inc. v. International Ass'n of MacHinists & Aerospace Workers (In Re Ionosphere Clubs, Inc.)

108 B.R. 901 · United States Bankruptcy Court, S.D. New York · Nov 29, 1989

Eastern has established that it is likely to succeed on the merits of this case. … (vi) A likelihood of success on the merits on the part of Eastern in establishing the harm to the reorganization was established. (vii) The balance of hardships tips decidedly in favor of Eastern.