Case law
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United States Bankruptcy Court, S.D. Texas · Apr 6, 2023
The Court clearly informed the parties it intended to determine whether the Respondents could be entitled to administrative expense claims based on the post-hearing briefing because such a finding would inform the necessity … To qualify as an administrative expense, the goods or services must have been delivered or provided pursuant to a post-petition transaction; “it is not enough that payment becomes due after the petition date if the transaction
Cited 0 timesUnknownDonghee Choi - Adversary Proceeding
United States Bankruptcy Court, N.D. New York · Dec 20, 2019
When Debtor signed the one-page Application, it clearly stated that the “Use of Funds” would be for “business debt consolidation.” … He was asked to verify his written statements, and responded clearly during the calls.
Cited 0 timesUnknownSynergy 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 timesUnknownMerl E. Williamson and Barbara Jayne Williamson
United States Bankruptcy Court, N.D. Ohio · Feb 21, 2023
See, Baud, 634 F.3d at 345–46 (holding that bankruptcy courts may not ignore the statutory directive clearly excluding Social Security income). … Similarly, leading treatises do not support requiring that benefits received under the Social Security Act be included in a Chapter 13 plan: 2 Collier on Bankruptcy, ⁋101.10A (16th ed. 2022)(“immunizing such income from
Cited 0 timesUnknownKapitus Servicing, Inc., as servicing agent for Ka v. Keith
United States Bankruptcy Court, W.D. Texas · Oct 30, 2023
In an action to determine the dischargeability of a debt, the creditor has the burden of proof and must establish their claim by the preponderance of the evidence. Grogan v. Garner, 498 U.S. 279, 287 (1991). … While it is true that financial injury can qualify under § 523(a)(6), the conduct of the debtor must be willful and malicious, typically rising to the level of tortious conduct.
Cited 0 timesUnknownSwift Financial, LLC Servicing Agent for WebBank e v. Opoku
United States Bankruptcy Court, E.D. Texas · Dec 2, 2020
Conversely, treating silence as a statement would be prejudicial to the interests of creditors injured by a fraudulent nondisclosure or omission by immunizing it against any determination of nondischargeability under § 523 … If silence or an omission from a loan application or financial statement [as opposed to a written misrepresentation] is construed as a statement, it certainly qualifies as a statement concerning the debtor’s financial condition
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. Pennsylvania · Jan 24, 2022
The Court is unclear as to what admission the Plan Administrator is referring, particularly in light of the fact that the Pension clearly contests the argument that its Investment was not in a security as defined by §101 … That is not the case here, however, as the LP Agreement clearly contemplated a distinction between the Class PE Partner and the Limited Partner. 59 Continued Hearing Audio Recording, at 12:39 p.m.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Puerto Rico · Feb 5, 2021
The Debtor filed a qualified objection to BPPR’s motion arguing 14 that the Debtor was eligible to receive PPP funds pursuant to the Coronavirus … CARES Act § 1114; 15 U.S.C. § 9012; see also, 15 U.S.C. §§ 20 633(a),(b)(1)(7) (placing management of the SBA in the hands of the Administrator); see also, 15 21 U.S.C. § 633(d)(the SBA shall “establish general policies
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. New York · Dec 16, 2021
Blakesley to cooperate in the preparation of a Qualified Domestic Relations Order. (ECF AP No. 22-6). … Blakesley’s behalf, clearly stating “[t]he Defendant has retained the undersigned to represent her in this matter” and unequivocally demonstrating an intention not to settle this action (ECF AP No. 11 ¶ 3),
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Georgia · Oct 1, 2019
The PDI Test “establishes a minimum amount to be paid to unsecured creditors based on a debtor’s income and expenditures.” … Would § 503(b)(9) claims of a debtor running a business qualify as a priority debt so long as the invoices on the goods were past due on the petition date?
Cited 0 timesUnknownRyan Kerwin & Xtreme Caged Combat v. Rosenblum
United States Bankruptcy Court, E.D. Pennsylvania · May 3, 2022
Kerwin also struggles to clearly identify the relevant facts upon which the Recusal Motion is based. … A judge's ordinary efforts at courtroom administration—even a stern and short-tempered judge's ordinary efforts at courtroom administration—remain immune.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. Iowa · Aug 23, 2018
Blanca Gaytan’s retainer agreement is dated October 1, 2016. 2 The actual date Sleper stopped working at the Law Firm is not clearly established in the record. 3 According to their bankruptcy petitions, each of … If that was their intention it is not well established in the record.
Cited 0 timesUnknownJose A Vargas and Bertha R. Vargas
United States Bankruptcy Court, S.D. Iowa · Aug 23, 2018
Blanca Gaytan’s retainer agreement is dated October 1, 2016. 2 The actual date Sleper stopped working at the Law Firm is not clearly established in the record. 3 According to their bankruptcy petitions, each of … If that was their intention it is not well established in the record.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. Iowa · Aug 23, 2018
Blanca Gaytan’s retainer agreement is dated October 1, 2016. 2 The actual date Sleper stopped working at the Law Firm is not clearly established in the record. 3 According to their bankruptcy petitions, each of … If that was their intention it is not well established in the record.
Cited 0 timesUnknownIn Re Hooker Investments, Inc.
145 B.R. 138 · United States Bankruptcy Court, S.D. New York · Jul 17, 1992
Slatt, 64 N.Y.2d 966, 967 , 488 N.Y.S.2d 645, 646 , 477 N.E.2d 1099, 1100 , rearg. denied, 65 N.Y.2d 785 , 492 N.Y.S.2d 1026 , 482 N.E.2d 568 (1985) (where intention of the parties is clearly and unambiguously set forth, … A change-of-control clause would typically specify the amount of stock, acquisition of assets or change in board composition necessary to qualify as a bona fide control change.
Cited 25 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 timesPublishedIn Re Northwest 15th Street Associates
435 B.R. 288 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 26, 2010
These findings establish that “cause” exists for relief from the automatic stay under 11 U.S.C. § 362 (d)(1). An order consistent with this Memorandum was entered on August 26, 2010. … I qualify the statement in the text because it is possible that if the Debtor made only a partial payment on an invoice, the parties might disagree as to whether the Debtor’s partial payment of an invoice should be allocated
Cited 4 timesPublishedGiordano v. Rizzo, DiGiacco, Hern & Baniewicz CPAs, PLLC
United States Bankruptcy Court, N.D. New York · Sep 14, 2021
Any attorney-client privilege, work-product privilege, or other privilege or immunity in effect with respect to any documents or communications (whether written or oral), and any causes of action and other assets … Moreover, case law clearly places a burden on the Trustee to preserve the documents notwithstanding the fact that a newly formed company emerged from the confirmed plan.
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 timesPublishedUnited States Bankruptcy Court, S.D. Iowa · Aug 23, 2018
Blanca Gaytan’s retainer agreement is dated October 1, 2016. 2 The actual date Sleper stopped working at the Law Firm is not clearly established in the record. 3 According to their bankruptcy petitions, each of … If that was their intention it is not well established in the record.
Cited 0 timesUnknown
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