Case law

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.

Albert's Capital Services, LLC, as Plan Admin v. Damon's North America LLC

United States Bankruptcy Court, W.D. Pennsylvania · Jan 22, 2020

Again, therefore, all of Sikirica’s rights in all of the Damon’s Assets were clearly assigned to Unique on June 27, 2014. … The question of outside power is also not something that would clearly point to piercing DNA’s veil. While the Court is satisfied that M.

In Play Membership Golf, Inc. v. Billy Casper Golf, LLC (In re In Play Membership Golf, Inc.)

576 B.R. 15 · United States Bankruptcy Court, D. Colorado · Sep 29, 2017

According to the Bank, it agreed to the extensions because the Debtor represented it had a qualified buyer for the Plum Creek golf course, who had made a deposit toward the purchase price. … At the outset of this adversary action, some of the Debtor’s claims against the Bank were clearly core proceedings.

Goldin v. Primavera Familienstiftung, Tag Associates, Ltd. (In Re Granite Partners, L.P.)

194 B.R. 318 · United States Bankruptcy Court, S.D. New York · Apr 16, 1996

To establish a “purchase price,” they sought bids from each other or from other brokerage firms in the middle of the night. (Id. ¶63.) … In addition, the trustee has failed to prove his entitlement to an injunction under the principles established in Manville and Robins.

MidFirst Bank, a federally chartered savings assoc v. Rodriguez, Jr.

United States Bankruptcy Court, W.D. Oklahoma · Jul 21, 2021

Then, the borrower must qualify and be approved through the application process before a loan is made. Simper Testimony, Transcript, pp. 166 (lines 21-25) and 167 (lines 1-5). … Clearly, neither Rodriguez nor Mathes envisioned the Loan being a Loan to Mathes but rather a Loan to KRR, which was an existing customer of MidFirst.

Gordos Restaurant Corp. - Adversary Proceeding

United States Bankruptcy Court, S.D. New York · Aug 4, 2022

The latter three categories are “inherently distinctive” and thus readily qualify for protection under the Lanham Act. Id. See also United States PTO v. Booking.com B.V., 140 S. … Further, Gordos North’s defenses were not frivolous, in that they were premised neither on clearly baseless factual contentions (other than Ms.

In re Ponce de Leon 1403, Inc.

523 B.R. 349 · United States Bankruptcy Court, D. Puerto Rico · Nov 25, 2014

All other creditors under Class 3 who voted on both occasions have accepted the plan; (vii) it has been clearly established that if the modified plan materially and adversely changes the way a creditor is treated then the … “Abandonment of the collateral to the creditor would clearly satisfy indubitable equivalence, as would a hen on similar collateral.

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.)

Marco Vinicio Alatorre Zamora and Mireya Alatorre

United States Bankruptcy Court, E.D. California · Jan 9, 2024

Debtors do list some 27 |) student loan debt, but those amounts total approximately $1,360.00 and date back to 2002 and 2004. 28 Looking at the pattern of conduct, it appears that Debtors may be establishing an … Dckt. 1 at 6. 13 For the two Debtors in this Bankruptcy Case, they have sufficient income to clearly provide 14 || for their family, with substantial expense cushions, and are able to pay their debts.

Sundquist v. Bank of America, N.A. (In re Sundquist)

576 B.R. 858 · United States Bankruptcy Court, E.D. California · Nov 15, 2017

Recognizing the overlap between “arising in” and “related to,” the claim for a lien for fees qualifies as “related to” the title 11 case on the- supplemental jurisdiction theory that it is so related to the § 362 and § 329 … Clearly, the Sundquists must understand that Ms. Henderson has and will pursue her legal remedies to recover what she believes is due her .... . The noise in Ms.

iSun, Inc.

United States Bankruptcy Court, D. Delaware · Jun 16, 2026

That is a qualifying other purpose.37 The weight to be afforded the exhibits is a separate question, addressed below. … A buyer in a section 363 sale takes on only the obligations it clearly agrees to assume, and Clean Royalties assumed none of these.75 Two important limitations frame this relief.

In re Rede Energia S.A.

515 B.R. 69 · United States Bankruptcy Court, S.D. New York · Aug 27, 2014

However, the public policy exception is clearly drafted in narrow terms and “the few reported cases that have analyzed [section] 1506 at length recognize that it is to be applied sparingly.” … Securities Act of 1933, as amended (the "Securities Act ’’) and (ii) qualified institutional buyers in accordance with Rule 144A of the Securities Act.

In Re Lykes Bros. Steamship Co.

233 B.R. 497 · United States Bankruptcy Court, M.D. Florida · Jul 17, 1997

Webber’s testimony also established that the Purchaser is a United States documentation citizen. Mr. … It is further ORDERED, ADJUDGED, AND DECREED that, notwithstanding anything else contained in this Confirmation Order, the Purchaser is and shall be deemed to constitute a qualified transferee under the novation agreement

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · Nov 7, 2023

Moreover, in any event, the Claimants have not established the Claim, even if allowed, is non-dischargeable. … The Claimants have not established that the Claim, if any, is nondischargeable.

Dalton Crane, L.C.

United States Bankruptcy Court, S.D. Texas · Jun 29, 2022

other period of limitation as may be specifically fixed by an order of the Bankruptcy Court for objecting to certain Claims.”110 Therefore, the amount each secured creditor will be permitted to credit bid has not been clearly … established.

In Re Pullman Construction Industries Inc.

107 B.R. 909 · United States Bankruptcy Court, N.D. Illinois · Feb 2, 1990

The overall facts clearly establish that the impaired secured creditor Wells Fargo is not treated “fairly and equitably” vis-a-vis every other class of claimants. … Only a small portion thereof attributable to work on liquidating the Sheraton claim for benefit of Wells Fargo has thus far been found without objection to qualify under § 506(c). 30.

Energy Harbor LLC and Pleasants Corp.

United States Bankruptcy Court, N.D. Ohio · Aug 29, 2019

The proposed order was modified to preserve clearly the rights of all parties to object to releases by non-signatories to the FE Settlement Agreement. … Cir. 2008) (approving nondebtor release when release was necessary for the reorganization and appropriately tailored … affected only claims arising out of or in connection with the reorganization itself, not blanket immunity

Kimberly Rose Solario - Adversary Proceeding

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

Pa. 1995) (discussing whether a fiduciary under state securities act qualifies as a 25 fiduciary under §523). See also Runnion, 644 F.2d at 759. . . . 26 As addressed by the Supreme Court in Bullock v. … The State 10 Court Judge clearly found this was part of the fraudulent scheme that Defendant-Debtor was 11 knowingly and intentionally committing.

Potts-Schlimme v. Zamani-Zadeh

United States Bankruptcy Court, D. New Mexico · Apr 9, 2025

clearly and convincingly. … Defendant should have told Plaintiff that he was not a qualified contractor and was not competent to do the remodel. When completed, the restaurant apparently did not comply with the Oregon Fire Code.

Aramid Entertainment Fund Limited

United States Bankruptcy Court, S.D. New York · Jan 12, 2022

The Plan provided for the establishment of a Distribution Trust to resolve all disputed claims and interests of the estate. Bankr. Doc. 667 at 23-26. … This conclusion—that the state court action and the bankruptcyproceeding are inseparably intertwined—is “borne out by [Molner’s] explanation of alleged damages, which clearly arose at least in large part during the bankruptcy