Case law
Opinions from 1658 to today.
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2.76s
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 timesUnknownUnited 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 timesUnknownTrilogy Development Co. v. BB Syndication Services, Inc.
468 B.R. 854 · United States Bankruptcy Court, W.D. Missouri · Dec 29, 2011
Abandonment of the Dunn-Trilogy Contract Does Not Affect Dunn’s Right to Assert a Mechanic’s Lien BBSSI also argues that Dunn fails to qualify for a mechanic’s lien because it did not perform the services or supply the materials … Clearly, that risk is not presented by the facts of this case. The statute also requires that the work have been performed under and by virtue of the contract.
Cited 3 timesPublishedChuck McCune and Chuthamard McCune
United States Bankruptcy Court, D. New Mexico · Oct 13, 2021
for [c]hapter 13 relief is clearly an abuse of the purpose and spirit of the [c]hapter.” … BAP 1999) (“It is well established that lack of good faith in commencing a case is ‘cause’ for dismissal of a [c]hapter 13 case” under § 1307(c)).
Cited 0 timesUnknownFirst Bank Puerto Rico Inc. v. Foti (In re International Home Products Inc.)
491 B.R. 607 · United States Bankruptcy Court, D. Puerto Rico · Apr 30, 2013
Foti qualifying for the protection of the automatic stay under either category of exception;” (iii) Mr. … Foti’s allegations are insufficient to establish “unusual circumstances” which consist of establishing that Mr.
Cited 0 timesPublishedDonald J. Schroeder and Deirdre C. Schroeder
United States Bankruptcy Court, M.D. Florida · Dec 1, 2021
Right of First Refusal and (II) to Establish a Bar Date for any Rejection Damage Claims (the “Motion to Reject”). (Doc. 32). … “Artificial” impairment occurs when a plan imposes an insignificant or de minimis impairment on a class of claims to qualify those claims as impaired under § 1124.” Combustion Eng'g, 391 F.3d at 243.
Cited 0 timesUnknownIn re: Rafael Velez Fonseca v. Government Employees Association (AEELA)
United States Bankruptcy Court, D. Puerto Rico · May 7, 2015
Law No. 133 specifically grants the association the power to grant personal loans to 10 members, with such security and margin as established by regulation. … The two letters sent by AEELA to the Municipality of Caguas clearly stated that they 7 || were not an attempt to collect on plaintiffs’ personal debts but to collect against the collateral 8 || ‘in rem.”
Cited 0 timesUnknown264 B.R. 69 · United States Bankruptcy Court, S.D. New York · May 15, 2001
Even more clearly, it makes it clear that New York law should be applied to the tort claims in contrast to the law of Illinois. 112 . Cmplt. ¶ 11. 113 . … However, "[t]he control goes only to establishing a duly.
Cited 38 timesPublishedShearer v. Tepsic (In Re Emergency Monitoring Technologies, Inc.)
366 B.R. 476 · United States Bankruptcy Court, W.D. Pennsylvania · May 16, 2007
Having discerned that the foregoing is what the Trustee actually contends (and the Trustee argues more clearly in certain places within his filings with the Court) serves to dispose of one of Tepsic’s main objections to such … upon such strategy because the 1999 Redemption transaction, by virtue of the arguable passage of the relevant statutes of limitation that pertain to a fraudulent conveyance action vis-a-vis such transaction, is perhaps immune
Cited 10 timesPublishedUnited States Bankruptcy Court, D. New Mexico · Aug 5, 2021
The Entities argue that “[o]nly Jesse Lane, as the trustee [of the Lane Family Revocable Trust] which was clearly shown in the operating agreement, could act on behalf of JLP[].” … The Court concludes that facts not in genuine dispute establish that Ms.
Cited 0 timesUnknownSouth Motor Co. v. Carter-Pritchett-Hodges, Inc. (In Re MMH Automotive Group, LLC)
385 B.R. 347 · United States Bankruptcy Court, S.D. Florida. · Mar 18, 2008
Corp.), 165 B.R. 685, 688 (S.D.Fla.1994) (“It is well established that creditors’ rights in bankruptcy cases are property interests that are protected by the Fifth Amendment and that cannot be impaired without notice and … The billboard’s existence was clearly known to, and a concern of, the Trustee and his employees; 10 the recovery and sale of the Real Property should have triggered some memory.
Cited 23 timesPublishedMorris v. Wells Fargo, N.A. (In re Morris)
514 B.R. 658 · United States Bankruptcy Court, N.D. Alabama · Jul 29, 2014
She added, “at a minimum, to recover ‘actual’ damages for emotional distress under § 362(k), a plaintiff must (1) suffer significant emotional distress, (2) clearly establish the significant emotional distress, and (3) demonstrate … Moreover, its content clearly reflects that its purpose was to assist Ms.
Cited 4 timesPublishedUnited States Bankruptcy Court, N.D. New York · Jan 10, 2025
Prime argues that Hogan Lovells’ pleading “is clearly an objection to the Proposed Abandonment filed 21 days after the deadline” and should not be treated as an objection. … Roglieri’s argument that the Bond Motion should be pursued because there is purported evidence of an improper filing is insufficient to establish prejudice.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Mar 7, 2025
(“Nor do we have occasion today to express a view on what qualifies as a consensual release . . . ”); see also In re Roman Cath. Diocese of Syracuse, 2024 Bankr. LEXIS 2807, at *5 (Bankr. N.D.N.Y. … See Order But in another case, the Bankruptcy Court for the Western District of New York held that “the mere ability to opt out of a release is insufficient to establish [] consent.”
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. New York · Jan 10, 2025
Prime argues that Hogan Lovells’ pleading “is clearly an objection to the Proposed Abandonment filed 21 days after the deadline” and should not be treated as an objection. … Roglieri’s argument that the Bond Motion should be pursued because there is purported evidence of an improper filing is insufficient to establish prejudice.
Cited 0 timesUnknownHalperin v. Moreno (In re Green Field Energy Servs., Inc.)
594 B.R. 239 · United States Bankruptcy Court, D. Delaware · Sep 12, 2018
The call transcriptions clearly show that Fontova advised bondholders as to how the market reduction in 2012 impacted the company's margins and resulting ability to continue its planned operational expansion. … Specifically, Moreno established that he dealt with Green Field in a fair manner.
Cited 5 timesPublishedSynergy Pharmaceuticals Inc. and Certain former individual directors and officers o
United States Bankruptcy Court, S.D. New York · Nov 5, 2020
Solorio from personal responsibility for the fees.52 However, the Supplemental Engagement Letter clearly shows that Mr. … Solorio for payment of the fees, are of no moment, because the Engagement Letters clearly show that Mr.
Cited 0 timesUnknownBrown v. Death Row Records, Inc. (In Re Brown)
219 B.R. 373 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 28, 1998
In light of ambiguities in the contracts, all of which we must construe against the Defendants, as drafters of adhesion contracts; gaps in recordkeeping which even eminently-qualified experts could not totally resolve; and … Nothing in that paragraph suggests that it is meant strictly as a limitation on DRR’s liability, although DRR clearly could have put language into it which would have so provided.
Cited 1 timesPublishedJames Stacey Conley and Angela Marie Conley
United States Bankruptcy Court, S.D. Alabama · Jul 7, 2025
The Local Bankruptcy Rules of this jurisdiction also provide that: A motion to avoid a judicial lien under Bankruptcy Code § 522(f) shall: (a) Clearly identify the party that holds the lien sought … The evidence established that Pen Air obtained and perfected a pre-petition judgment against Debtor, Angela Conley, which attached to the Property.
Cited 0 timesUnknown332 B.R. 798 · United States Bankruptcy Court, N.D. Illinois · Oct 31, 2005
In other cases the issue does not materialize because the debtor-in-possession or trustee clearly wants the appellate forum to enforce the automatic stay of the appeal from the judgment against the debtor’s estate. … "In this chapter — (1) ‘debtor in possession' means debtor except when a person that has qualified under section 322 of this title is serving as trustee in the case...." 11 U.S.C. § 1101 (1). 9 .
Cited 39 timesPublished
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