Case law
Opinions from 1658 to today.
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Branded Operations Holdings, Inc.
United States Bankruptcy Court, S.D. New York · May 25, 2025
vulnerable population,” and “establish a legacy of justice.” … “Whether relief is sought under Rule 59(e) or Rule 60(b)(2), courts apply the same strict standard for determining what qualifies as ‘newly discovered evidence.’” In re Sanofi Sec.
Cited 0 timesUnknown207 B.R. 338 · United States Bankruptcy Court, D. New Hampshire · Feb 7, 1997
The Court noted that distinction, see Transcript, 9/24/91 pp. 42-45, and noted that the Court had “very little briefing at this moment on anything” and clearly put the debtor’s attorneys on notice that they ought to look … The fact that the attorney may be qualified to act for the debtor-in-possession as a “disinterested person” at the outset of the proceedings does not mean that the separate requirement under these statutes of not representing
Cited 7 timesPublishedUnited States Bankruptcy Court, E.D. New York · Apr 13, 2026
“Once the movant has established the existence of both subjective bad faith and objective futility, ‘a rebuttable presumption of bad faith arises and the burden shifts to the debtor ‘to establish good and sufficient reasons … allow certain district court proceedings to continue with the view that certain plaintiffs may be able to recover damages for life-threatening injuries and certain defendants may be able to vindicate their claims to immunity
Cited 0 timesUnknownPotts-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.
Cited 0 timesUnknownDwain W. Tate - Adversary Proceeding
United States Bankruptcy Court, District of Columbia · Feb 10, 2020
A debtor may also have an interest in a decedent’s estate under § 541(a)(1) that is too contingent to qualify for some bankruptcy purpose. See In re Stoner, 487 B.R. 410 (Bankr. … Property (contradicted by Douglas) and (2) that the personal representative’s legal title foreclosed any interest of the debtor as an heir (contradicted by Douglas and by Richardson clearly
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Jan 28, 2025
.; see also In re Knudsen, 84 B.R. 668, 672–73 (B.A.P. 9th Cir. 1988) (holding that an applicant seeking approval of an evergreen retainer agreement bears the burden of establishing that the case is one in which such agreement … As designed, subchapter V is intended to be a streamlined process for qualifying debtors resulting in lower costs to facilitate a more efficient reorganization.40 Given this background, it will be the truly rare subchapter
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Feb 20, 2025
.; see also In re Knudsen, 84 B.R. 668, 672–73 (B.A.P. 9th Cir. 1988) (holding that an applicant seeking approval of an evergreen retainer agreement bears the burden of establishing that the case is one in which such agreement … As designed, subchapter V is intended to be a streamlined process for qualifying debtors resulting in lower costs to facilitate a more efficient reorganization.40 Given this background, it will be the truly rare subchapter
Cited 0 timesUnknownSarachek v. Luana Savings Bank (In re Agriprocessors, Inc.)
490 B.R. 852 · United States Bankruptcy Court, N.D. Iowa · Apr 15, 2013
Even if overdrafts could technically be considered preferential transfers, Frigitemp seemed to concluded that under the “new” Bankruptcy Code, overdrafts would probably qualify for the ordinary course of business exception … The statute clearly requires that an agreement concerning a bank’s duty to honor overdrafts must be in writing to be enforceable.
Cited 4 timesPublishedUnited States Bankruptcy Court, C.D. California · Jun 30, 2023
Kaylor did not meet 16 his burden of establishing an attorney-client relationship between himself and Mrs. Jafroodi; (B) 17 even if Mr. Kaylor can establish an attorney-client relationship between himself and Mrs. … Id., at 1064. 11 On the one hand, where an ERISA trustee seeks an attorney's advice on a matter of 12 plan administration and where the advice clearly does not implicate the trustee in any 13
Cited 0 timesUnknownSevadjian v. Duntov Motor Company, LLC
United States Bankruptcy Court, N.D. Texas · Nov 28, 2023
The overwhelming credible evidence clearly established that the project to custom build the 1968 Corvette race car detailed in the Initial Bill of Sale was intended by Mr. … The credible evidence in the record clearly established that all the Parties initially believed the Duntov Frame was manufactured by General Motors in 1968.
Cited 0 timesUnknownHarris-Pena v. CIT Group/Consumer Finance, Inc. (In Re Harris-Pena)
446 B.R. 178 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 13, 2009
It establishes a maximum lawful rate of interest for residential mortgages that are covered by the Act. 41 P.S. §§ 201 & 301. … They clearly made an effort to address the situation (through the Mortgage Subordination Agreement and the $15,000 Mortgage that was drafted but never executed).
Cited 9 timesPublishedUnited States Bankruptcy Court, N.D. Texas · Sep 30, 2019
It was a time that I remember clearly because of the death of my son and what I was going through.106 Based on Beshears’s demeanor and responses to questions on direct examination and throughout … fraudulent falsehood, (ii) describing past or current facts, (iii) that was relied upon by the creditor.124 A debtor’s promise related to a future action that does not purport to depict a current or past fact does not qualify
Cited 0 timesUnknownUnited States Bankruptcy Court, C.D. California · Oct 5, 2021
One who claims a resulting trust in land must establish clearly, convincingly and 16 unambiguously, the precise amount … Del. 2007)(stating Fuzion was clearly overruled by Official Comm. of 14 Unsecured Creditors of PSA, Inc. v.
Cited 0 timesUnknownEzenia! Inc. v. Nguyen (In re Ezenia! Inc.)
2015 BNH 005 · United States Bankruptcy Court, D. New Hampshire · Aug 28, 2015
Notwithstanding the foregoing, in order to pay benefits under the Plan, the Employer may establish an irrevocable non-qualified grantor trust.... … The Debtor counters, ar *516 guing that 26 U.S.C. § 3403 immunizes it from liability for the amount of the tax.
Cited 4 timesPublishedThompson v. New Mexico Student Loan Guarantee Corp. (In Re Thompson)
329 B.R. 145 · United States Bankruptcy Court, E.D. Virginia · Jul 22, 2005
Well qualified and substantiated expert testimony is essential.” Kelsey v. Great Lakes Higher Educ. Corp. … Furthermore, it is firmly established that such an abrogation of statutes of limitations does not violate due process.
Cited 4 timesPublished480 B.R. 708 · United States Bankruptcy Court, S.D. Texas · Sep 28, 2012
Robinson (In re Robinson), 368 B.R. 818, 824 (Bankr.E.D.Ark.2007) (holding that a false answer to item 19d of the SOFA “clearly established] ... the required preponderance that the [debtors’] false statements and omissions … Thus, actual intent to defraud is clearly present.
Cited 44 timesPublishedUnited States Bankruptcy Court, M.D. Pennsylvania · Feb 28, 2020
A Third Circuit panel found that passive retention of a vehicle did not qualify as an act to exercise control over property of the estate. … The record does not establish that an action based upon Count II has been commenced in a state court forum of appropriate jurisdiction.
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. New York · Jan 19, 2021
Fla. 2020) (“Based on a plain reading of this phrase, it is a clearly higher standard than the mere ‘for cause’ standard set forth in . . . … It is a fast-tracked process aimed at giving the qualifying debtor a less expensive and accelerated path to reorganize its business affairs, such as the exclusive right to file a plan during the first 90 days of the subchapter
Cited 0 timesUnknown207 B.R. 708 · United States Bankruptcy Court, D. Kansas · Apr 2, 1997
Having been a managing partner for many years, Judd was no longer qualified to be an engagement partner. Consequently, he was forced into early retirement. … In approving the loan, Glick clearly knew collection from Judd was of no interest to the bank.
Cited 0 timesPublishedUnited States Bankruptcy Court, S.D. Florida. · Nov 8, 2023
Both sets were clearly created well after the fact, and after litigation had ensued. … $313,659.35 to an All Paving and Sealcoating, LLC bank account for reimbursement of labor costs and a portion of Patrick’s salary;65 (2) one to Patrick individually, for $59,800.00 in respect of his 2016 salary and a 2016-17 “Qualifying
Cited 0 timesUnknown
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