Case law

In Re Hayes Lemmerz International, Inc.

340 B.R. 461 · United States Bankruptcy Court, D. Delaware · Mar 28, 2006

As a result, the Court did qualify him as an expert in that field and allowed his testimony subject to arguments on the weight to be given it. … This interpretation is consistent with the legislative history of § 365(d)(10), which clearly states Congress’s intent to give special protection to qualified lessors.”); In re Brennick, 178 B.R. 305, 307-08 (Bankr.D.Mass

Fresh Acquisitions, LLC

United States Bankruptcy Court, N.D. Texas · Dec 20, 2021

Each witness who testified on behalf of the Committee in connection with confirmation was credible, reliable, and qualified to testify as to the topics addressed in his or her testimony. 14. … If there is no applicable statutory rate, then the rate will be established at six percent (6%) per annum.

In Re Pinti

363 B.R. 369 · United States Bankruptcy Court, S.D. New York · Mar 13, 2007

It is well established that ‘when the statute’s language is plain, the sole function of the courts — at least where the disposition required by the text is not absurd — is to enforce it according to its terms.’ ” Lamie v. … Of course, secured creditors that do not qualify as 910 Creditors remain subject to bifurcation of their claims under Section 1325(a)(5)(B) unless barred by application of 11U.S.C. § 1322(b)(2). 8 .

Steven Rosenschein

United States Bankruptcy Court, D. South Carolina · Oct 5, 2022

§ 109(h) (requiring that all individual debtors take a pre-bankruptcy credit briefing course and file a certificate evidencing such a course was completed); 11 U.S.C. § 362(c)(3) & (4) (establishing special automatic … Clearly, if Mr. Matthews does not understand it, the Debtors cannot provide informed consent in writing.

Wilkins v. AmeriCorp Inc. (In re Allegro Law LLC)

545 B.R. 675 · United States Bankruptcy Court, M.D. Alabama · Feb 16, 2016

Nelms was clearly aware of the fraud being perpetrated by Hess-Kennedy; he, in fact, participated in the fraud himself as an agent of Hess-Kennedy. … Accounting In order to establish entitlement to an accounting, equitable jurisdiction must first be established. Worley v. Worley, 388 So.2d 502, 506 (Ala.1980).

Noreen Wiscovitch Rentas v. BPP Retail Properties LLC

United States Bankruptcy Court, D. Puerto Rico · Oct 23, 2013

contract payments totaling $19,783.30 and $18,782.32 respectively, these payments cannot be recovered by Plaintiff either 4 1 because they qualify … The District Court in Bogdanov, explains that: On its face, Section 547(c)(4) clearly, though conditionally, allows new value to be paid: the statute anticipates transfers made “on account of ... new

ESJ TOWERS INC

United States Bankruptcy Court, D. Puerto Rico · Oct 13, 2022

The schedules and statements then on 26 file did not clearly disclose the above. 27 The application for … The First Circuit has established a test to determine whether the two prong test of Section 327(a) has been 1 satisfied.

Labbadia, III v. Martin

United States Bankruptcy Court, D. Connecticut · Aug 2, 2019

To establish a debt was incurred by “actual fraud” within the Second Circuit, a plaintiff must establish that “false representation, scienter, reliance, and harm” occurred. Evans v. … qualify.”

Speyside Holdings LLC

United States Bankruptcy Court, E.D. New York · May 21, 2026

Ill. 1993) (unless the evidence at issue is clearly inadmissible on all potential grounds, evidentiary rulings should be held in abeyance until trial so it can be viewed in the proper factual context.). … SpeyLo relies primarily on allegations of gross mismanagement or incompetence by the Debtors to establish cause under subsection (a)(1).

DeAngelis v. Countrywide Home Loans, Inc. (In Re Hill)

437 B.R. 503 · United States Bankruptcy Court, W.D. Pennsylvania · Oct 5, 2010

There is no doubt it clearly caused her significant anxiety and distress. … The evidence clearly established that it was his regular practice to communicate with the Debtor via letter.

Ngo v. Ngo

United States Bankruptcy Court, D. New Jersey · Aug 13, 2021

The evidence clearly demonstrates that the Defendant failed to disclose all of his assets in his bankruptcy case. … Procedurally, the certifications failed to qualify as a response to the Amended Complaint because they were filed well before the Amended Complaint.

Charles M. Forman, Chapter 7 Trustee for Chivy Ngo v. Ngo

United States Bankruptcy Court, D. New Jersey · Aug 13, 2021

The evidence clearly demonstrates that the Defendant failed to disclose all of his assets in his bankruptcy case. … Procedurally, the certifications failed to qualify as a response to the Amended Complaint because they were filed well before the Amended Complaint.

Sherman v. OTA Franchise Corporation

United States Bankruptcy Court, N.D. Texas · May 3, 2021

Tom Caufield is no longer a person qualified to be the “General Manager” as defined in the [2015 Agreement]. … Mike Ludlow and Sean Manning have both qualified to operate in the capacity as General Manager. 2.

In re Meguerditchian

566 B.R. 102 · United States Bankruptcy Court, D. Massachusetts · Mar 28, 2017

In light of these developments in the Debtor’s articulation of his position, the Court ordered the parties to file briefs setting forth more clearly their respective positions. … Because it is an affirmative defense, the burden of establishing its applicability falls on the Debtor.

Irish Bank Resolution Corp. v. Drumm (In re Drumm)

524 B.R. 329 · United States Bankruptcy Court, D. Massachusetts · Jan 6, 2015

Zelevinsky remembered no communications on the subject but later qualified her answer, cryptically, to say that she wasn’t sure it had ever come up. *373 d. … Rather, it establishes that a false oath may itself be sufficient to establish knowledge of falsity and fraudulent intent.

In re: Law Enforcement Officers, Security Union v. United Federation LEOS-PBA, et al.

United States Bankruptcy Court, W.D. Pennsylvania · Apr 17, 2026

It does not identify specific findings that are clearly erroneous, does not challenge the Court’s application of controlling law, and does not articulate how or why the Court’s reasoning is incorrect. … The Movants’ sole allegation in its Motion, that SPFPA does not qualify as a good faith purchaser, fails both as a matter of law and on the record developed in this case.

Think3 Litigation Trust v. Zuccarello (In re Think3, Inc.)

529 B.R. 147 · United States Bankruptcy Court, W.D. Texas · Jan 4, 2015

The only documentary evidence submitted by Defendants that qualifies for judicial notice in the context of the Rule 12(b)(6) Motions are (1) the Certificate of Merger of HSCI and Think3, with Sixth Amended and Restated Certificate … Count 1 clearly alleges that Think3 was damaged by the purported failure to disclose by the Director Defendant.

In Re Greives

81 B.R. 912 · United States Bankruptcy Court, N.D. Indiana · Mar 17, 1987

More harm than good would result from allowing creditors to establish a secured status by parol evidence after they have neglected the simple formality of obtaining a signed writing. … This does not mean however, that the Debtors need not pay adequate protection whatsoever to the Bank which is clearly undersecured.

Bank of New York Mellon v. Jefferson County (In re Jefferson County)

482 B.R. 404 · United States Bankruptcy Court, N.D. Alabama · Oct 9, 2012

One is section 224 of the Alabama Constitution, as amended by Amendment 342, which establishes a debt ceiling for counties in Alabama. … This leaves determining what is considered the sort of pledge of special revenues that is immune from application of 11 U.S.C. § 928 (b)’s subordination.

Great American Insurance v. Subranni (In Re Tri-State Armored Services, Inc.)

332 B.R. 690 · United States Bankruptcy Court, D. New Jersey · Oct 3, 2005

The Act’s definition of “person” includes business entities, N.J.S.A. 56:8-1, and under New Jersey law, it has been held “that a corporation may qualify as a person under the Act when it finds itself in a consumer oriented … not been established.