Case law

Forman 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.

Kirk Eugene Frantz and Mary Elizabeth Frantz

United States Bankruptcy Court, C.D. California · Jan 27, 2023

Debtors in this case employed this two-step process using the Court’s form pleadings established under the local 28 rules. … the Irving Family Lien, as well as the attempt to obtain 20 discharges of Debtors, made without providing any notice or setting a hearing on the request for a final 21 order on the Lien Avoidance Motion in order to qualify

Nicole A. Cole

United States Bankruptcy Court, N.D. Mississippi · Jan 23, 2025

according to the plain meaning of their language as long as the language is unambiguous … If the language of a statute is unambiguous and susceptible of only one objectively reasonable interpretation, absent a clearly … § 85-3-4, which essentially establishes the process by which a judgment debtor’s earnings may be garnished by a judgment creditor.

Toys "R" Us, Inc. - Adversary Proceeding

United States Bankruptcy Court, E.D. Virginia · Apr 2, 2020

argument inapposite, because the Plan clearly reserved to Wayne Services the right to bring causes of action under Chapter 5 of the Bankruptcy Code, which included § 542 turnover claims. … Finally, the moving party must establish that certification “may materially advance the ultimate termination of the litigation.” § 1292(b).

In Re Mortgage Inv. Co. of El Paso, Tex.

111 B.R. 604 · United States Bankruptcy Court, W.D. Texas · Feb 14, 1990

There is clearly a unity of ownership, commingling of assets and business functions, and transfers of assets without corporate formalities as between the Debtors. … As will be seen, most reported cases concerning a capital infusion relate to the type of capital which qualifies under the capital infusion exception, or the substantiality of the value.

Tutor Perini Building Corp. v. The Port Authority of New York and New Jersey

United States Bankruptcy Court, S.D. New York · Sep 30, 2022

These documents are clearly integral to the Complaint, and each party treated them as something the Court should consider in ruling on the Motion. … action within one year of a cause of action accruing cannot establish subject matter jurisdiction. See Lumbermens Mut. Cas. Co. v.

CUSTOMED INC

United States Bankruptcy Court, D. Puerto Rico · Oct 2, 2020

P. 4001(c) prior to requesting the PPP loans, 24 even if they did not ultimately qualify for the same. Failure to incur debts outside the ordinary 25 course of business. … Debtors have failed to establish 16 unusual circumstances.

Express Grain Terminals, LLC

United States Bankruptcy Court, N.D. Mississippi · Jan 25, 2022

The first issue is whether Express Page 26 of 39 Grain qualifies as a grain storage facility under the Bankruptcy Code and § 557 generally.17 Even if Express qualifies … If the Court only looked to the first part of § 557(b)(2), it likely would find that Express Grain does not qualify as a grain storage facility.

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.

Amber Dawn Rosema and Brandon Michael Rosema

United States Bankruptcy Court, W.D. Missouri · Jul 8, 2022

The UST raised sovereign immunity concerns, as well as the concern that Mr. Garrison as an owner of FSF might be a fact witness and have a conflict of interest. For his part, Mr. … The UST, the court pointed out, had done nothing other than respond to the court’s OSC, and likely had the defense of sovereign immunity.

DEMORY v. Martin

United States Bankruptcy Court, S.D. Mississippi · Apr 27, 2021

Here, however, the Circuit Court clearly had subject matter jurisdiction over the parties’ dispute arising from the nonpayment of the Note. … The Circuit Court clearly had personal jurisdiction over Martin.

In Re Benninger

357 B.R. 337 · United States Bankruptcy Court, W.D. Pennsylvania · Dec 18, 2006

The "services" Cuneo agreed to provide in this case were clearly for a personal, family or household purpose. … The phrase "practice of law" is not statutorily defined and courts have been reluctant to establish a specific definition of it.

OGGUSA, Inc. v. Louisville Dryer Company

United States Bankruptcy Court, E.D. Kentucky · Mar 31, 2022

The appropriate reinforced footings sufficient to support such massive pieces of equipment, which required planning by a qualified civil engineer, were not yet constructed at the Mayfield Facility. … But the evidence does not clearly describe the extent of progress on the final dryer and cooler to allow allocation of the amounts paid.

Elbar Invs., Inc. v. Okedokun (In re Okedokun)

593 B.R. 469 · United States Bankruptcy Court, S.D. Texas · Nov 6, 2018

"An agent's authority ... depends on some communication by the principal either to the agent ( [to establish] actual ... authority) or to the third party ( [to establish] apparent ... authority)." Id. (quoting Gaines v. … However, he clearly knew that he had criminal problems due his theft of the Proceeds, and he therefore decided to retain criminal counsel.

Christopher Cook and Tausha Cook

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 $204,425.5 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.

Marissa J Johnson

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.

Brian Andreasen and Kathryn A. Andreasen

United States Bankruptcy Court, D. Idaho · May 4, 2022

But for the same fee, Youngblood also agrees to represent Debtors at the meeting of creditors, which clearly occurs post-petition. … 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

Kelsie Shurtliff

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.

Hannah Joy Cain

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.

In Re Stanley Station Associates, L.P.

139 B.R. 990 · United States Bankruptcy Court, D. Kansas · Apr 24, 1992

Campbell, or other qualified personnel of Gage & Tucker, be appointed as special process server to serve the defendants in the State of Kansas.” … Sherry, 2 Wall. 249 , 17 L.Ed. 830 (1864), which addressed the procedure for establishing a lien by equitable levy.