Case law

Texas Capital Bank N.A. v. Womack

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

His answers were confusing and not clearly expressed. Mr. Womack admitted that the Bill of Sale said that the Womacks were to receive an initial payment of $650,000 as part of the sale.16 When asked, Mr. … When asked if these tasks would qualify her as being involved in the executive management of the company as required by the loan agreement, Mrs.

Payne v. Payne

United States Bankruptcy Court, N.D. Texas · Oct 20, 2022

This Court denied the motion, stating that Plaintiff had established a plausible claim. … As such, this Court concludes that Plaintiff has failed to establish as a matter of law that these judgments fall within the subsection (a)(15) exception to discharge.

Kurt A Rillema and Beau Harvey

United States Bankruptcy Court, N.D. Ohio · Mar 25, 2024

The Motion does not clearly articulate what subpart of Rule 12 it is brought under. It does not state any standard that this court should apply in deciding it. … Cotterman, 2023 WL 7132017, * 4 (records of plaintiff’s criminal case qualified as public records that a court may consider without converting a motion to dismiss into a motion for summary judgment).

Long

United States Bankruptcy Court, D. Idaho · May 26, 2026

While the determination of lien validity under 28 U.S.C. § 157(b)(2)(K) sought by Plaintiffs nominally qualifies as a core proceeding, its substance here has no effect on the bankruptcy estate. … Clearly, the facts of that case are distinguishable from those presented in the case at bar.

Silverman v. Meister Seelig & Fein, LLP (In re Agape World Inc.)

467 B.R. 556 · United States Bankruptcy Court, E.D. New York · Feb 21, 2012

The Trustee alleges in the Complaint that Agape was in fact offering to sell and selling securities, which were subject to the registration requirements of the federal securities laws unless they qualified for an exemption … The “Ponzi scheme presumption” works to establish fraudulent intent on the part of the transferor as a matter of law. Picard v. Madoff, 458 B.R. at 104 .

Bailey v. Navient

United States Bankruptcy Court, D. New Jersey · Sep 22, 2021

Bailey did not qualify for a student loan discharge. Ms. Bailey then filed a Motion to Reopen and a Motion to Reconsider. … Nothing shows that he cannot qualify for unemployment or disability payments in the future to contribute to household expenses. Ms.

Treasures London Limited v. Keswani

United States Bankruptcy Court, S.D. New York · May 13, 2021

Piazza was appointed chapter 7 trustee for the Debtor's estate and qualified for and accepted that appointment. … Plaintiffs have failed to submit any argument establishing “cause” for the requested relief from the stay in either the Amended Complaint or Motion.

Spencer T. Malysiak Profit Sharing Plan v. Schmidt

United States Bankruptcy Court, E.D. California · Jan 24, 2023

A judgment, enforceable under applicable state 25 law, qualifie s as a debt for the purposes of § 523(a)(2). … Proc. § 1710.35. 20 The Law Revision Commission has made this point even more clearly. 21 [Section 1710.35] provides that a judgment entered pursuant

Fox ex rel. Perry H. Koplik & Sons, Inc. v. Koplik (In re Perry H. Koplik & Sons, Inc.)

476 B.R. 746 · United States Bankruptcy Court, S.D. New York · Jul 11, 2012

With respect to the matters as to which liability was established, the Court makes the following factual findings. … (emphasis in original). .Duties of directors to New York corporations are also established, in part, by statute.

Michael A. Rios and Janelle R. Rios

United States Bankruptcy Court, E.D. Wisconsin · Jun 16, 2023

Section 6321 clearly provides that the IRS tax lien arises against “all property and rights to property.” … request that the Court order the IRS to stop its levy or order the Social Security Administration to pay Social Security benefits to the Debtors could implicate the Anti-Injunction Act and/or the doctrine of sovereign immunity

Vokshori Law Group v. Villa

United States Bankruptcy Court, E.D. California · Apr 7, 2022

Congress’ use of 5 ‘obtained by’ in § 523(a)(2) ‘clearly indicates that fraudulent 6 conduct occurred at the inception of the debt, i.e. the debtor 7 committed a fraudulent act … The circumstances 2 of this case establish the lack of justifiable reliance. 3 VLG points to the terms of the LSA as establishing their 4 justifiable reliance.

Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)

140 B.R. 643 · United States Bankruptcy Court, W.D. Michigan · Apr 28, 1992

Jorns was found qualified to give expert opinion testimony. Fed.R.Evid. 702. … Spencer was found qualified to give expert opinion testimony. Fed.R.Evid. 702.

Group Management Corp.

United States Bankruptcy Court, N.D. Georgia · Oct 24, 2022

GMC is a corporation not eligible to file papers without an attorney and therefore does not qualify as a pro se debtor. Mr. Ware is not a debtor and therefore does not qualify as a pro se debtor. … No. 90), which clearly says “WITHOUT PREJUDICE.”

Coan v. Bernier (In Re Bernier)

176 B.R. 976 · United States Bankruptcy Court, D. Connecticut · Jan 13, 1995

[tjo establish ... uniform Laws on the subject of Bankruptcies throughout the United States (the “Bankruptcy Clause”). … Persky (In re Persky), 134 B.R. 81, 88 (Bankr.E.D.N.Y.1991) ("[I]nterests in ... joint tenancy ... clearly represent] undivided interests....”). Neither party suggests a contrary result under Connecticut law.

EHT US1, Inc.

United States Bankruptcy Court, D. Delaware · Jun 1, 2021

This is necessary to ensure that the interest paid to Cayman Corp 1 by US Corp pursuant to intercompany loans from Cayman Corp 1 to US Corp qualifies for favourable tax treatment under … He is clearly an expert on the issues before the Court.

Lasich v. Estate of Wickstrom (In Re Wickstrom)

113 B.R. 339 · United States Bankruptcy Court, W.D. Michigan · Apr 20, 1990

The moving party bears the burden of clearly establishing the nonexistence of any genuine issue of fact material to a judgment in his favor. Adickes v. S.H. … Nevertheless, for the reasons set forth below, we hold today that only the facts existing on the date of filing are relevant to determining whether a debtor qualifies for a claimed exemption. (Emphasis supplied.)

Crocker v. Matthews (In re Matthews)

599 B.R. 838 · United States Bankruptcy Court, D. Maryland · Apr 30, 2019

While in China, the Crockers met an American who was establishing a startup brewing business there known as Great Leap Brewing. … In addition, the statement clearly refers to BHB's license status as a nanobrewery, not as the prospective microbrewery Crocker visited in August of 2016.

All Texas Electrical Contractors, Inc. v. NSPS Metals LLC

United States Bankruptcy Court, S.D. Texas · Jan 18, 2022

The building equipment and materials, how- ever, qualify as property of the estate under § 541 and thus constitute property that the Plaintiff had an interest in. … This allegation, once again, is clearly just a formulaic recitation of the elements.

Strahan v. Evans

United States Bankruptcy Court, D. Utah · Mar 4, 2022

Defendant concedes that she and the Plaintiff were once married, making the Plaintiff her former spouse, and she acknowledges that she owes the Overpayment Debt to him.39 She also admits that the Overpayment Debt does not qualify … Since that order established the Overpayment Debt, that debt is causally related to that order.

3MB, LLC

United States Bankruptcy Court, E.D. California · Dec 5, 2019

The “clearly erroneous” standard 16 applies if the question is whether there is sufficient evidence 17 to rebut an evidentiary presumption. Garner v. … 24 “[c]reditors’ entitlements in bankruptcy arise in the first 25 instance from the underlying substantive law creating the 26 debtor’s obligation, subject to any qualifying