Case law

Wells Fargo Bank, N.A. v. HomeBanc Corp. (In re HomeBanc Mortgage Corp.)

573 B.R. 495 · United States Bankruptcy Court, D. Delaware · May 31, 2017

It did so in § 559.” 81 Judge Rendell also noted in her concurring opinion to AHMII that the language of Bankruptcy Code § 562 clearly uses the plural, referring to “commercially reasonable determinants of value,” so that … Bear Stearns’ objection to qualifying Mr. Ca-lahan as an expert of the sale of such collateral was overruled; although I noted that weight of Mr.

Wissel, IV v. Deutsche Bank National Trust Company as Trustee fo

United States Bankruptcy Court, D. New Jersey · Sep 14, 2020

“While the plaintiffs would have the Court believe that the case sub judice is controlled by the In re Scarborough, supra, precedent, that case is clearly distinguishable.” … that Spacia was active in 2004, the Westfield Property would still qualify as the “debtor’s principal residence” under the plain language of § 101(13A).

O'Cheskey v. Herring National Bank (In re American Housing Foundation)

520 B.R. 208 · United States Bankruptcy Court, N.D. Texas · Sep 30, 2014

Weiner is certainly qualified to render such an opinion. … Finally, the Court can safely conclude that Steve Sterquell would have clearly known of the condition, both physically and financially, of the many properties.

Engineered Floors, LLC v. Beaulieu of America, Inc.

United States Bankruptcy Court, N.D. Georgia · Apr 11, 2023

Lakeshore argues that the APA is not part of an order of this Court as it was never clearly and unambiguously incorporated in its entirety into the Sale Order and that Lakeshore cannot be held in contempt of the APA to … In the Lakeshore Motion, Lakeshore sought a determination that the Sale Order did not grant EF “immunity from liability for defective products that were either (i) manufactured by [Beaulieu] and shipped by EF; or (ii) manufactured

ROBERTO CENTENO PAGAN

United States Bankruptcy Court, D. Puerto Rico · Jan 30, 2017

See Docket Nos. 43, 44. 1 in conscious detriment of the Movant and establishes “cause” to dismiss with case with 2 prejudice for bad faith and … The First Circuit Court of Appeals 9 10 has explained that “[l]itigation conduct qualifies as “vexatious” if it is “harassing or annoying, 11 regardless

Matthew C Abel

United States Bankruptcy Court, D. Vermont · Sep 27, 2019

suggests that if the employee is a professional who provides bankruptcy-related services to consumer debtors, then the employee is a ‘debt relief agency’ and if the employee does not provide such services, then the employee qualifies … to credit defaults, mortgage foreclosures, eviction proceedings, excessive debt, debt collection pressure, or inability to pay any consumer debt shall— (A) disclose clearly

HARRINGTON v. SYNERGY LAW, LLC

United States Bankruptcy Court, D. Vermont · Sep 27, 2019

suggests that if the employee is a professional who provides bankruptcy-related services to consumer debtors, then the employee is a ‘debt relief agency’ and if the employee does not provide such services, then the employee qualifies … to credit defaults, mortgage foreclosures, eviction proceedings, excessive debt, debt collection pressure, or inability to pay any consumer debt shall— (A) disclose clearly

In re Patriot Coal Corp.

493 B.R. 65 · United States Bankruptcy Court, E.D. Missouri · May 29, 2013

During that time, the 35% equity stake could be monetized, the VEBA established and decisions concerning the comprehensiveness of benefits could be made. … The federal government contemplates a health insurance marketplace or “exchange” where individuals and small business can buy affordable and qualified health benefit plans. .

Randall v. Atkins (In Re Atkins)

458 B.R. 858 · United States Bankruptcy Court, W.D. Texas · Sep 1, 2011

Atkins’ testimony clearly demonstrated that he did not adhere to any recognized accounting practices. … Whether the Plaintiffs have satisfied their burden of establishing the other elements of a 727(a)(4)(A) action is, however, hotly disputed.

Madison Resource Funding Corp. v. Marsh

United States Bankruptcy Court, D. Minnesota · Jan 25, 2021

The proposed findings of fact for Madison clearly cited Robert Marsh’s failure to respond to the requests for admission as support for a judgment in its favor. Dkt. No. 62. … Madison’s profit on funds advanced, therefore, qualify as a consequential damage under the out-of-pocket rule. Robert Marsh’s arguments that Madison is unable to recoup its profit fail.

In Re Parklex Associates, Inc.

435 B.R. 195 · United States Bankruptcy Court, S.D. New York · Sep 2, 2010

Caselaw establishes that the benchmark for determining the severity of the sanction to be imposed is willfulness.... … Still, the court qualified its holding to determine that “[s]ome facts strongly suggest the presence of others; a recipient that closes its eyes to the remaining facts may not deny knowledge.

In re Sabine Oil & Gas Corp.

547 B.R. 503 · United States Bankruptcy Court, S.D. New York · Mar 31, 2016

In STN, the Second Circuit found that sections 1103(c)(5) and 1109(b) of the Bankruptcy Code "imply a qualified right for creditors’ committees to initiate suit with the approval of the bankruptcy court.” … hereof and any repeal or modification of the foregoing provisions of, or the adoption of any provision of, the Restated Certificate of Incorporation inconsistent with this paragraph 8 shall not adversely affect any right, immunity

In re Johnson

546 B.R. 83 · United States Bankruptcy Court, S.D. Ohio · Feb 26, 2016

Those amounts are clearly excessive for a single individual (the Debt- or was not married until July 2, 2015). … The profit motive analysis is used, and is clearly appropriate, to determine whether a debt falls outside the category of consumer debt.” IRS v.

R. Susan Woods

United States Bankruptcy Court, D. Massachusetts · Feb 4, 2020

In the First Circuit, it is axiomatic that “emotional damages qualify as ‘actual damages’” under § 362(k), and that, in appropriate circumstances, “[a]n honest accounting of actual damages ... must include the psychological … Rather, the Debtor was forcibly removed from her home and temporarily deprived of many of her personal possessions as a result of the eviction — an action that clearly ran afoul of § 362(a), which enjoins both “the

Tashanna B. Golden fka Tashanna B. Pearson on beha v. Discover Bank

United States Bankruptcy Court, E.D. New York · Jan 25, 2021

Discover “failed to disclose facts and information that would inform debtors of the fact that private loans were only non-dischargeable if they met the requirements of section 523(a)(8)(B), and . . . that debtors’ non-qualified … Tenn. 1989) (asserting that “[p]roceedings to determine the dischargeability of debts or in opposition to the debtor’s discharge . . . are clearly core proceedings.”). In the Complaint, Ms.

Warfel, Jr. v. 21st Mortgage Corporation

United States Bankruptcy Court, W.D. Wisconsin · Aug 9, 2023

To qualify, they were told they had to own the land, so their land contract was converted to a note and mortgage. A copy of the deed was sent to Defendant. … It is clearly adapted to and used for a residence. There is no dispute that the unerring intention of the Debtors was for this to be their permanent home.

Harvey Blake Haddock

United States Bankruptcy Court, N.D. Oklahoma · Mar 15, 2023

he earns no “monthly gross wages, salary, and commissions.”26 When asked why he did not disclose his receipt of the ADP Funds or other so-called compensation here, he stated: “Because on a monthly basis, there is no established … The cash on hand and ADP Funds are distributions based on Haddock’s ownership of HARG, and do not qualify for exemption under the Oklahoma Wage Exemption Statutes.

In Re Stoecker

143 B.R. 118 · United States Bankruptcy Court, N.D. Illinois · May 26, 1992

In ZZZZ Best, the Court considered whether preferential payments on long-term debt could qualify for the ordinary course of business exception found in section 547(c)(2). … Without such documentation, the holder does not establish a prima facie claim.

Woods v. Alina's Real Estate, LLC

United States Bankruptcy Court, D. Massachusetts · Feb 4, 2020

In the First Circuit, it is axiomatic that “emotional damages qualify as ‘actual damages’” under § 362(k), and that, in appropriate circumstances, “[a]n honest accounting of actual damages ... must include the psychological … Rather, the Debtor was forcibly removed from her home and temporarily deprived of many of her personal possessions as a result of the eviction — an action that clearly ran afoul of § 362(a), which enjoins both “the

In re Mirchou

588 B.R. 555 · United States Bankruptcy Court, D. Nevada · Jun 1, 2018

Clearly he did not. The record reflects that none of the Chapter 11 plans proposed by the Debtor included a so-called "lien strip" of Real Time's secured claim. … Only Congress has authority to establish "uniform Laws on the subject of Bankruptcies throughout the United States." U.S. C onst . art. I, § 8, cl. 4.