Case law
Opinions from 1658 to today.
7,439 results
0.77s
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
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Texas · Jul 10, 2023
None of these causes of action clearly implicate a degree of intent or willfulness. … Braziel sold many firearms without a license, and he did not perform background checks as required of licensed vendors; Seth Ator did not qualify to purchase the rifle, and Braziel would have known Seth Ator was not qualified
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. California · Aug 29, 2022
Fuller clearly stated that he invested because INB had enough capital to 8 build its facility and commence production. … As stated 14 above, the parties stipulated that the INB stock sales were not qualified.19 This court thus 15 must determine whether the transactions were “issuer transactions” under § 25110 and if 16 so, whether
Cited 0 timesUnknownKalaydzhan v. Steven A. Ross, Trustee of the Salisbury Lending T
United States Bankruptcy Court, D. Massachusetts · Mar 26, 2024
Ross is the current manager of QSPL and has been its only manager since it was established. … [I]t was clearly not what I was doing. . . . I was buying the condo for myself to live there. . . and not for an investment or some kind of business purpose. Tr.
Cited 0 timesUnknownMichael 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
Cited 0 timesUnknownUnited States Bankruptcy Court, C.D. California · Jul 21, 2020
Nolan (“Father”) established a revocable living trust 16 (“Trust”) with the third and final amendment dated April 28, 2012. … 5 The provisions relating to the declared homestead exemption are set forth throughout several statutes, however, the 20 process is most clearly
Cited 0 timesUnknownCountrywide Home Loans, Inc. v. Cowin (In re Cowin)
492 B.R. 858 · United States Bankruptcy Court, S.D. Texas · Apr 25, 2013
While this testimony clearly is an attempt to discredit West, it may have had an unintended effect. … Flores, the lien at issue was forged and falsely notarized, making it so clearly fraudulent that the defendants did not attempt to argue that it fell outside the term “fraudulent lien.”
Cited 23 timesPublishedSpradlin v. E. Coast Miner, LLC (In re Licking River Mining, LLC)
603 B.R. 336 · United States Bankruptcy Court, E.D. Kentucky · Jul 19, 2019
Del. 1978) ("Common sense suggests that ... parent corporations should be able to establish certain common management programs which promote administrative convenience without destroying the immunity of the parent from liability … Coal would have paid Goggin['s] ... fees for ... conduct ... that qualifies as a breach of fiduciary duty to U.S. Coal." [ECF No. 231 at 107.]
Cited 6 timesPublishedUnited States Bankruptcy Court, D. Idaho · May 4, 2022
The Code also defines “assisted person” as “any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $204,425.4 Youngblood qualifies as a debt relief agency for … While the UST has established a clear and consistent pattern of violations on Youngblood’s part, the Court finds a civil penalty unnecessary as a deterrent.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. New Jersey · Aug 29, 2023
As explained, the record clearly demonstrates that BlockFi’s offer was dependent on the value of BTC. … “A qualified acceptance is a new proposal.” CAL. CIV. CODE § 1585; see also Roth Grading, Inc. v. Martin Bros. Constr., 493 F. Supp. 3d 865, 869 (E.D.
Cited 0 timesUnknownJoshua T Claunch and Anika D Claunch
United States Bankruptcy Court, D. Idaho · May 4, 2022
The Code also defines “assisted person” as “any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $204,425.4 Youngblood qualifies as a debt relief agency for … While the UST has established a clear and consistent pattern of violations on Youngblood’s part, the Court finds a civil penalty unnecessary as a deterrent.
Cited 0 timesUnknownLyone B Overlin and Rebecca J Overlin
United States Bankruptcy Court, D. Idaho · May 4, 2022
The Code also defines “assisted person” as “any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $204,425.4 Youngblood qualifies as a debt relief agency for … While the UST has established a clear and consistent pattern of violations on Youngblood’s part, the Court finds a civil penalty unnecessary as a deterrent.
Cited 0 timesUnknownGolden v. Firstmark Services LLC
United States Bankruptcy Court, E.D. New York · Jul 7, 2025
The Four Factor Test Established in Hirschfeld v. … But it is well established that these kind of burdens can be remedied, if necessary, through monetary relief.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Arizona · Oct 30, 2020
. § 523(d),” Plaintiff has established that his pursuit of his claims in the Adversary 20 || Proceeding was substantially justified. … The court and not a jury shall award reasonable attorney fees under this section. 7 8 Debtor is clearly
Cited 0 timesUnknownVillas of Windmill Point II Property Owners Associ
United States Bankruptcy Court, S.D. Florida. · Mar 2, 2021
Because Lesko was clearly an interested party, the inclusion of his vote potentially rendered the 2010 Resolution void. Fla. … Do the By-Laws Establish an Entitlement to Indemnification? The By-Laws provide the wellspring from which any right to indemnification flows.
Cited 0 timesUnknownIn Re All Land Investments, LLC
468 B.R. 676 · United States Bankruptcy Court, D. Delaware · Mar 9, 2012
The proponent of a “cram down” plan bears the burden of establishing the plan’s compliance with each of the requirements set forth in § 1129(a), except § 1129(a)(8), 11 while the objecting party bears the burden of producing … Clearly, Citizens’ deficiency claim, which voted to reject the Amended Plan, controls the Class 5 vote.
Cited 5 timesPublishedSilverman v. United Talmudical Academy Torah Vyirah, Inc. (In Re Allou Distributors, Inc.)
446 B.R. 32 · United States Bankruptcy Court, E.D. New York · Mar 18, 2011
Indeed, UTA acknowledges that it “does not rely on these traditional practices to establish immunity ... for those who might use them to engage in misconduct.” … We cannot find that conclusion clearly erroneous. [The debtor’s principal and its counsel] perpetrated a fraud that can only be described as massive.
Cited 20 timesPublishedABC Sun Control, Inc. v. McMahon-Jones (In re McMahon-Jones)
461 B.R. 835 · United States Bankruptcy Court, W.D. Washington · Jul 27, 2011
“A statute which is clearly designed as a substitute for the prior common** 924 law must be given effect.” Id. at 221 , 517 P.2d 585 . … If proven these allegations might qualify under § 523(a)(6)(A). However, ABC has not proven that the Defendants incurred debt with no intention to pay.
Cited 1 timesPublishedBrandt v. Hicks, Muse & Co. (In Re Healthco International, Inc.)
195 B.R. 971 · United States Bankruptcy Court, D. Massachusetts · May 17, 1996
Hicks, Muse is a Dallas-based investment banking firm established in 1989 which specialized in leveraged buyouts. … director involved in a personal transaction with the corporation has the burden of proving the transaction was fair to the corporation. 46 As the controlling shareholder of Gemini, a large Healthco stockholder, Goldberg clearly
Cited 35 timesPublishedUnited States Bankruptcy Court, D. Idaho · May 4, 2022
The Code also defines “assisted person” as “any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $204,425.5 Youngblood qualifies as a debt relief agency for … While the UST has established a clear and consistent pattern of violations on Youngblood’s part, the Court finds a civil penalty unnecessary as a deterrent.
Cited 0 timesUnknown
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