Case law

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  • Vernon L. Gray

    United States Bankruptcy Court, N.D. Mississippi · Mar 28, 2019

    It is well-settled that a debtor qualifies as a party in interest for purposes of objecting to a proof of claim. , 132 F.3d 256, 261 (5th Cir. 1998). … While he did specifically object to a carryover of a previous balance, the fee statements attached to the Stipulation clearly show that the previous balance was paid prior to the issuance of the statements and was not

    Cited 0 timesUnknown
  • In Re Washington Mutual, Inc.

    461 B.R. 200 · United States Bankruptcy Court, D. Delaware · Sep 13, 2011

    distribution to creditors, increase post-petition interest and professional fees (which are currently running at the monthly rate of $30 million and $10 million, respectively), and involve complex issues including sovereign immunity … O’Hagan, 521 U.S. 642, 651-52 , 117 S.Ct. 2199 , 138 L.Ed.2d 724 (1997) (“Trading on such information qualifies as a ‘deceptive device’ under § 10(b) ... because ‘a relationship of trust and confidence [exists] between the

    Cited 39 timesPublished
  • In Re Bartmann

    320 B.R. 725 · United States Bankruptcy Court, N.D. Oklahoma · Jul 14, 2004

    The undisputed facts establish that Mr. … These services were clearly rendered in contemplation of the Bartmanns' bankruptcy. 19 . Although Mr.

    Cited 9 timesPublished
  • In Re Anderson Grain Corp.

    222 B.R. 528 · United States Bankruptcy Court, N.D. Texas · May 28, 1998

    Often a skillful, experienced lawyer can achieve a good result quicker and less expensively than a less qualified lawyer charging a substantially lower hourly rate. … DISCUSSION Having established the parameters of its review, the court will now analyze the specific requests made by CIT. The establishment of fees in a Bankruptcy case is always a very difficult balancing procedure.

    Cited 10 timesPublished
  • Bank of England v. Rice (In re Webb)

    520 B.R. 748 · United States Bankruptcy Court, E.D. Arkansas · Oct 23, 2014

    See In re Rainbow Music, Inc., 154 B.R. 559, 561 (Bankr.N.D.Cal.1993) (“This Court concludes that, given the rule established for preferential transfers in [Barnhill v. … The nature of this check is clearly in dispute as is discussed herein. .

    Cited 0 timesPublished
  • Webber Commercial Properties LLC v. Jeffries

    United States Bankruptcy Court, M.D. Florida · Jun 26, 2023

    To qualify as exempt entireties property in Florida, the property must satisfy the unities of marriage, possession, interest, title, and time, with a right of survivorship.74 Florida common law establishes a … The record does not clearly show whether the source of the Pool Funds was the Synovus Funds or the SunTrust Funds, or both.

    Cited 0 timesUnknown
  • Brick House Properties, LLC

    United States Bankruptcy Court, D. Utah · Jun 11, 2021

    This is not the type of significant, unperformed obligation by one side that would qualify the REPC as an executory contract under the Countryman definition, as refined by the Tenth Circuit.53 Thus, the Court finds that … Next, the consequences of rejection further establish an abuse of the Debtor’s business discretion.

    Cited 0 timesUnknown
  • Burns v. Dennis (In Re Southeastern Materials, Inc.)

    467 B.R. 337 · United States Bankruptcy Court, M.D. North Carolina · Mar 27, 2012

    Concomitantly, when the claimant invokes the equitable jurisdiction of the bankruptcy court to establish its right to participate in distribution, it cannot, thereafter, object to the court’s necessary determination of any … Here, Betty and Tony are not strangers to the bankruptcy — indeed, both parties are principals of the Debtor and have filed proofs of claim. 28 Second, the court qualified its holdings to accounts receivable claims “grounded

    Cited 23 timesPublished
  • Roe v. Law Unit (In Re Roe)

    226 B.R. 258 · United States Bankruptcy Court, N.D. Alabama · Sep 4, 1998

    The burden of proof at trial was therefore on the Debtor to establish by a preponderance of the evidence that repayment of his student loans would impose an “undue hardship” on him and his dependents. … Because the amount of education debts is substantial and because they comprise more than half of Debtor’s total prepetition debts he seeks to discharge, this Court cannot clearly say that discharging his student loan debts

    Cited 5 timesPublished
  • Hundt v. Ventrone

    United States Bankruptcy Court, E.D. Pennsylvania · Jan 31, 2023

    Accordingly, a debt could still be “in the nature of support” even though it would not legally qualify as alimony or support under state law. Id. … Thus, while the PSA initially labels the Marital Obligation as an equitable distribution, it clearly states the parties’ intention that any repayment of the Marital Obligation to the Trust is to be used for the Plaintiff

    Cited 0 timesUnknown
  • Dimitrios George Golesis

    United States Bankruptcy Court, D. Utah · Jan 11, 2024

    The Tenth Circuit has spoken on this issue and has done so clearly. … However, such professionals must qualify and be approved by the court under the gatekeeping function of § 327 and Fed. R. Bankr.

    Cited 0 timesUnknown
  • MegaForce LLC v. Beach

    United States Bankruptcy Court, D. Kansas · Jun 15, 2021

    A fraudulently induced forbearance qualifies as an extension or renewal of credit.8 The September 2017 settlement agreement resulted in the dismissal of litigation against Beach (and the other defendants), and as a result … This is most clearly exhibited in the payment history. The settlement agreement is dated September 1, 2017, when the balance owed by the Company to MegaForce was $543,351.17.

    Cited 0 timesUnknown
  • Roy Nielsen Hafen

    United States Bankruptcy Court, D. Utah · Dec 8, 2020

    Rather, the word “necessary” as used by the circuit described a situation in which the appearance of the debtor in the case was needed to establish the elements of the liability. … Here the Debtor had economic rights to distributions and the Debtor clearly possessed at least some governance right to demand books and records, so the possibility of the restrictive term including both types of interests

    Cited 0 timesUnknown
  • McHale v. Alvarez (In Re the 1031 Tax Group, LLC)

    397 B.R. 670 · United States Bankruptcy Court, S.D. New York · Dec 10, 2008

    This Court clearly had jurisdiction to resolve the issue of the ownership of the funds and did so in connection with the Debtors’ adversary proceeding. … The evidence presented established that the McCabe Group has already-claimed against the E & 0 Policies, policies whose proceeds are assets of the estate.

    Cited 27 timesPublished
  • Dyllan Schawn Wright and Annie Maxine Wright

    United States Bankruptcy Court, D. Oregon · Sep 29, 2020

    Ride-through After BAPCPA Debtors have not expressly asked for a ruling that they qualify for ride-through. … The court continued: If the debtor qualifies for the exception, then it seems that the result would be the same as pre-BAPCPA ride-through.

    Cited 0 timesUnknown
  • Darlene J. Davis

    United States Bankruptcy Court, E.D. Virginia · Jan 28, 2020

    The Court cannot act as a pro se litigant’s “advocate and develop, sua sponte, statutory and constitutional claims that the [litigant] failed to clearly raise on the face of [the] complaint.” 3 “If an appellant fails … Bankruptcy Rule 8002(a) establishes a 14—day period to appeal bankruptcy court orders. See Fed. R. Bankr. P. 8002(a)(1).

    Cited 0 timesUnknown
  • Ventrone v. Hundt

    United States Bankruptcy Court, E.D. Pennsylvania · Jan 31, 2023

    Accordingly, a debt could still be “in the nature of support” even though it would not legally qualify as alimony or support under state law. Id. … Thus, while the PSA initially labels the Marital Obligation as an equitable distribution, it clearly states the parties’ intention that any repayment of the Marital Obligation to the Trust is to be used for the Plaintiff

    Cited 0 timesUnknown
  • Trinity Christian Center of Santa Ana, Inc. v. Koper (In re Koper)

    516 B.R. 707 · United States Bankruptcy Court, E.D. New York · Sep 30, 2014

    The arbitrator shall be a retired California Superior Court Judge, or a qualified individual to whom the parties mutually agree. … Lines and MBNA, the Second Circuit clearly articulated that in certain core bankruptcy proceedings that severely conflict with the Federal Arbitration Act, the court has discretion to deny arbitration.”

    Cited 11 timesPublished
  • Sea Oaks Country Club LLC

    United States Bankruptcy Court, D. New Jersey · Nov 10, 2020

    There were clearly unperformed obligations owed by all of the parties to the contract. … The Lifetime Memberships clearly are recordable documents.

    Cited 0 timesUnknown
  • Airn Liquidation Trust Co., LLC v. Bank of America, N.A.

    United States Bankruptcy Court, D. New Jersey · Dec 31, 2025

    However, § 1123(a)(5) begins its enumerated list with the words “such as,” which demonstrates that “[t]he types of means listed in section 1123(a)(5) are clearly illustrative and not exclusive.” … In re NorVergence, Inc., 405 B.R. at 732 (“Upon demonstrating successfully the Salzano Scheme qualifies as a Ponzi Scheme, the actual intent to hinder, delay, or defraud creditors will be inferred.”).

    Cited 0 timesUnknown

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