Case law

Dye v. Sachs (In re Flashcom, Inc.)

495 B.R. 490 · United States Bankruptcy Court, C.D. California · Jun 24, 2013

According to Weinstein, Bastían agreed, and “that provision [for no notice] was clearly written into the Global Settlement Agreement.” Id. … Trustee did not give defendants reasonable notice of the amount due under the Global Settlement Agreement until March 2012, the court concludes that defendants’ offer to make full payment in March 2012 under the settlement qualifies

TRU Creditor Litigation Trust v. Raether

United States Bankruptcy Court, E.D. Virginia · Sep 20, 2022

‘clearly erroneous.’” Id. The Trust places great reliance on Smith v. … When directors are grossly negligent or breach multiple duties, including the duty of loyalty, then the exculpatory provision does not immunize directors for their breach of the duty of care. Miller v.

Robert Lawrence Moody, Jr.

United States Bankruptcy Court, N.D. Ohio · Sep 30, 2021

It is a debtor’s burden to establish that each of these conditions exist. In re Jerew, 415 B.R. at 306; In re Irwin, 338 B.R. 839, 851 (E.D. Cal. 2006). … Counsel was clearly not representing Debtor at that time.

Westpfahl v. Clark (In Re Westpfahl)

168 B.R. 337 · United States Bankruptcy Court, C.D. Illinois · May 17, 1994

A total of eighteen regional trustee districts were established by combining judicial districts within circuits. … The salaries of standing trustees will vary throughout the country depending on *359 caseloads, economics of the region, attraction of qualified applicants, and other factors.

James Andrew Bussmann

United States Bankruptcy Court, D. Oregon · Mar 31, 2023

The Sisters argue that Debtor is not eligible for chapter 12 relief, because he does not qualify as a family farmer because a majority of his debts did not arise out of a farming operation. … The operations included growing and harvesting the cranberry crop, clearly farming operations. The state court judgment reads: Defendant James A.

In re G-I Holdings, Inc.

477 B.R. 542 · United States Bankruptcy Court, D. New Jersey · Aug 13, 2012

G-I Reply at 8 (citing § XIV, ¶¶ 1, 4 to demonstrate “quite clearly that a central feature of the Producer Agreement was to prevent internecine fighting among producers”). … To do so, the court examines the entire agreement to determine if the language clearly expresses the parties’ intent.

Roman Catholic Church of the Archdiocese of Santa and Associated Case in US District Court

United States Bankruptcy Court, D. New Mexico · May 13, 2021

Although the language of § 362(a)(1) clearly stays the filing, the majority rule is that creditors may bring such proceedings in bankruptcy court without violating the stay. … Corp., 894 F.2d 371, 372 (10th Cir. 1990) (“[i]t is well established that any action taken in violation of the stay is void and without effect”); In re C.W. Min. Co., 477 B.R. 176, 192 (10th Cir.

Harbinger Capital Partners LLC v. Ergen (In re LightSquared Inc.)

504 B.R. 321 · United States Bankruptcy Court, S.D. New York · Nov 21, 2013

Ergen was acting as DISH/EchoStar’s agent and carrying out directives on their behalf. 42 Such agency and imputation allegations are not clearly set forth in the Amended Complaint, and, even if they were, the assertions in … Harbinger further alleges that the Er-gen/DISH Defendants were under a duty to disclose SPSO's relationship with Ergen and DISH/EchoStar because their "affirmative misstatements about SPSO being qualified to purchase the

491 Bergen St. Corporation

United States Bankruptcy Court, S.D. New York · Aug 20, 2025

In sum, then, Debtors’ counsel made unqualified and absolute requests for accurate “judgment payoff” amounts, without limitation – clearly and expressly seeking to be informed of how much money was required to pay off … This statement qualifies as a misrepresentation of the amount the Frank Estate contends was due as full payoff of its entitlements.

TRU Creditor Litigation Trust v. Raether

United States Bankruptcy Court, E.D. Virginia · Jun 27, 2022

‘clearly erroneous.’” Id. The Trust places great reliance on Smith v. … When directors are grossly negligent or breach multiple duties, including the duty of loyalty, then the exculpatory provision does not immunize directors for their breach of the duty of care. Miller v.

Weisfelner v. Blavatnik (In re Lyondell Chemical Co.)

567 B.R. 55 · United States Bankruptcy Court, S.D. New York · Apr 21, 2017

The Second Circuit has not clearly adopted either test. … Both the Access Revolver and the upsize of the ABL Facilities qualified for this requirement.

In Re SCHWALB

347 B.R. 726 · United States Bankruptcy Court, D. Nevada · Aug 3, 2006

This also clearly divests the debtor of any interest at the end of the redemption period. … This use qualifies as family, if not personal, use. 39 There is also no doubt that Pioneer, as a secured party, failed to comply with Part 6 of Article 9. See Part III.C.3.b supra.

Voiland v. Kimmell (In re Kimmell)

480 B.R. 876 · United States Bankruptcy Court, N.D. Illinois · Oct 12, 2012

The Assignment of Interest in Marital Property by Operation of Law was Clearly not for Less than Reasonably Equivalent Value The second potential transfer occurred by operation of law under the Illinois Marriage and Dissolution … See 735 ILCS 5/12-1001(e) ($2,400 exemption in one motor vehicle); 11 U.S.C. § 522 (b)(C) (exemption for tax-qualified retirement funds); 735 ILCS 5/12-1001(b) (exemption of up to $4,000 in any other personal property).

Stockschlaeder & McDonald, Esqs. v. Kittay (In Re Stockbridge Funding Corp.)

145 B.R. 797 · United States Bankruptcy Court, S.D. New York · Oct 8, 1992

It is an established tenet in real property law that whoever has priority to the obligation has priority to the underlying mortgage. One follows the other. … Given the high degree of fraudulent conduct involved in the present case, § 541(d) clearly does not apply here. 22 .

Mallinckrodt plc v. City of Rockford

United States Bankruptcy Court, D. Delaware · Jun 16, 2021

the Bankruptcy Code and that the claims are not excepted from discharge pursuant to section 8 Although Rockford states in its Addendum that “[t]he Rockford Court denied the Defendants’ Motion to Dismiss,” this is clearly … and preclude summary judgment here have nothing to do with the question that is before me, which is: do the remaining claims in the Rockford Complaint (even assuming the truth of all the allegations contained therein) qualify

Welded Construction, L.P.

United States Bankruptcy Court, D. Delaware · Feb 15, 2021

While the Court believes that its prior ruling clearly included Opinion Work Product and required its production, it will, nonetheless, specifically address the issue here. … plaintiff access to the lawyer’s report to see how the university’s corrective actions compared to their attorney’s recommendations.33 The Baylor University court held that the “primary rationale for granting qualified

GL Master Inc

United States Bankruptcy Court, C.D. California · Jul 24, 2020

This 17 Court is persuaded that the Alleged Employees papers establish more than sufficient grounds to issue 18 the OSC. 19 One example is cited … Polis’ summary of the Supreme Court’s decision is accurate, he fails to explain 18 why he did not raise the argument in response to the Motion for OSC or clearly differentiate between 19 pre- and post-petition privileges

201 Forest Street LLC v. LBM Financial LLC (In Re 201 Forest Street LLC)

409 B.R. 543 · United States Bankruptcy Court, D. Massachusetts · Jun 30, 2009

It is well settled that “a contract provision that clearly and reasonably establishes liquidated damages should be enforced, so long as it is not so disproportionate to anticipated damages as to constitute a penalty.” … The evidence presented at trial, however, also established that Mal-legni entered into two contracts in his individual capacity.

Welded Construction, L.P. v. The Williams Companies, Inc.

United States Bankruptcy Court, D. Delaware · Feb 15, 2021

While the Court believes that its prior ruling clearly included Opinion Work Product and required its production, it will, nonetheless, specifically address the issue here. … plaintiff access to the lawyer’s report to see how the university’s corrective actions compared to their attorney’s recommendations.33 The Baylor University court held that the “primary rationale for granting qualified

Michael McIntosh and Amanda McIntosh

United States Bankruptcy Court, S.D. Florida. · Jan 12, 2024

On March 27, 2023 – after clearly being put on notice that Ms. … “must (1) suffer significant emotional distress, (2) clearly establish the significant emotional distress, and (3) demonstrate a causal connection between that significant emotional distress and the violation of the discharge