Case law

Spectrum Alliance, LP

United 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.

In Re Olsen

358 B.R. 609 · United States Bankruptcy Court, S.D. New York · Jan 5, 2007

Individuals wanting to purchase an apartment are frequently compelled to undergo the scrutiny of a board interview and must be approved by the board as qualified before being allowed to purchase shares in the cooperative … repairs and supervision of staff who work in the building, a managing agent to manage the collection of monthly maintenance, the payment of operating expenses and the transfer of shares, and a board to govern the corporation, establish

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · May 12, 2021

S.D.N.Y. 1991) (“The burden of establishing entitlement to priority rests with the claimant and should only be granted under extraordinary circumstances . . . … The asserted administrative expenses were clearly not costs incurred to preserve the Debtors’ estates but rather they were costs expended by Claimant (individually) to participate in these Chapter 11 Cases.

Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)

82 B.R. 258 · United States Bankruptcy Court, D. Vermont · Dec 23, 1987

) that the trustee has proven that the Peacocks controlled Chevrolet and that there was inequitable conduct which compelled marshaling; (3) that the Bankruptcy Court’s *318 finding that the marshaling issue was moot was clearly … the exempt homestead property was not available for marshaling and all other personal properties would still not satisfy the debt owed to the bank: The bankruptcy court below faced two very difficult decisions which were clearly

In 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.

In Re American Solar King Corp.

90 B.R. 808 · United States Bankruptcy Court, W.D. Texas · Sep 1, 1988

The decision of at least one court suggests that “impairment by statute” must be affirmatively cured by a plan in order to qualify as unimpaired under Section 1124(1). … That result is clearly inimical to the purpose of Chapter 11 reorganization. The Fifth Circuit has expressly excoriated such tactics, as does this court.

In re Ravenna Metropolitan District

522 B.R. 656 · United States Bankruptcy Court, D. Colorado · Dec 15, 2014

These statutes clearly specify that the separate entity created will be a “political subdivision and a public corporation of the state.” Id. No such language appears in the water activity enterprise statutes. … Moreover, it is quite a leap to conclude, as the District does, that if an enterprise fails to qualify as an enterprise in a particular year, then its debts become the debts of the district.

Global Cord Blood Corporation and Margot MacInnis, John Royle, and Chow Tsz Nga Geor

United States Bankruptcy Court, S.D. New York · Dec 5, 2022

The JPLs contend that they have established all required elements, including these. 1. … This Court agrees, but reorganization and/or debt adjustment was clearly contemplated on the facts of Millard, where the Cayman proceeding was explicitly styled as an insolvency or debt-adjustment proceeding.

John A. Little, III

United States Bankruptcy Court, E.D. Arkansas · Oct 1, 2021

The parties do not dispute that the debt qualifies as a domestic support obligation. … The Agreed Judgment was introduced into evidence, as was the prior order dated November 14, 2016, establishing paternity and support.

Valdellon v. Wells Fargo Bank, N.A.

United States Bankruptcy Court, E.D. California · May 17, 2024

Plaintiffs’ New York state 28 tax returns established that Plaintiffs were New York residents, and they claimed state tuition tax benefits based on New York residency, when they filed … any willful violation of § 524, and that immunity is not waived by § 106” and “recognizing a waiver of sovereign immunity 25

Park Place Development Primary, LLC

United States Bankruptcy Court, D. Delaware · Nov 2, 2021

E.D.Pa. 1987)) (finding that the alleged debtor failed to meet its burden of establishing that a creditor acted in bad faith in filing an involuntary petition). 66 Id. at 336. … Disproportionate/Tactical Advantage and Suspicious Timing Clearly, the Involuntary Petition was filed to stay the Foreclosure Action (which the Petitioning Creditors have been actively litigating) so that the

Durso Supermarkets, Inc. v. D'Urso (In Re Durso Supermarkets, Inc.)

193 B.R. 682 · United States Bankruptcy Court, S.D. New York · Mar 20, 1996

The offer was clearly less than firm. Mrs. D’Urso took no part in the DSI/A & P negotiations. … McCauley, a senior estate appraiser at Helmsley-Spear, a real estate concern, was qualified as an expert appraiser.

Clifford Wayne Burnett

United States Bankruptcy Court, D. Nebraska · Dec 3, 2024

The burden rests with the debtor, as the plan proponent, to establish all of the elements essential to confirmation under Chapter 12. Michels v. Maynard Sav. … We therefore must require a pattern of concealment, evasion, and direct violations of the Code or court order which clearly establishes an improper motive before allowing dismissals for bad faith.” Id.

McDermott v. Perez

United States Bankruptcy Court, N.D. Ohio · Dec 30, 2019

“Implied consent is not established merely because one party introduced evidence relevant to an unpleaded issue and the opposing party failed to object to its introduction. … Nevertheless, the listing of the membership interest at zero, without any qualifying information, supports the bankruptcy court’s conclusion that Perez was following a pattern of not being candid about his assets and income

Deborah J. Piazza, Chapter 7 Trustee of Anthony Br v. Bruno, Jr.

United States Bankruptcy Court, S.D. New York · Apr 27, 2023

Piazza was appointed as the interim trustee of the Debtor’s estate and subsequently qualified as permanent Trustee.5 The Debtor annexed his schedules of assets and liabilities (the “Schedules”) and Statement of Financial … “Section 727(a)(5) is broadly drawn and clearly gives a court broad power to decline to grant a discharge in bankruptcy where the debtor does not adequately explain a shortage, loss or disappearance of assets.”

The City of Atlantic City v. Drummon

United States Bankruptcy Court, S.D. New York · Nov 30, 2023

Likewise, even construed in the light most favorable to the City, the record evidence clearly demonstrates that Drummon did not occupy a fiduciary position. … Clearly, the July 2020 letter is merely an attorney’s representation that her client intends to take the Fifth Amendment with respect to any prospective deposition.

In Re Henebury

361 B.R. 595 · United States Bankruptcy Court, S.D. Florida. · Mar 16, 2007

In concurring with Kelly’s analysis and result, Walton “clearly contemplated] that the ability to fund a Chapter 13 plan can be sufficient reason to dismiss a Chapter 7 petition under § 707(b).” United States Trustee v. … If anything, BAPCPA’s statutory modifications render it easier for a movant to establish abuse. Lenton, 358 B.R. at 665-66 (Bankr.E.D.Pa.2006).

Fuller v. Givens

United States Bankruptcy Court, E.D. Tennessee · Aug 30, 2021

While most times both conduct and explicit statements by the debtor exist, thereby establishing a fraud under both false pretenses and false representation, the creditor may be able to establish the debtor’s conduct without … Fuller testified that although he clearly understood from Defendant that he had workmanship insurance and that it was “very significant” to Mr.

Husted v. MEPCO LABEL SYSTEMS

United States Bankruptcy Court, E.D. California · Jan 22, 2020

Defendant-Trust Settlors would never have established the irrevocable TAG Trust on the agreement of Debtor to remain with MEPCO. 24 4.14. … Frealy establishing the rights and interests 7 || of a bankruptcy trustee and estate in a debtor’s interest in a spendthrift trust.

In Re Melendez

224 B.R. 252 · United States Bankruptcy Court, D. Massachusetts · Aug 31, 1998

The Interplay of § 524 and Rule 9011 Rule 9011 clearly applies to § 524(c)(3) attorney declarations. See Fed. R. … Excluded were agreements of debtors whose postpetition income clearly exceeded their postpetition liabilities.