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  • Daly v. Daly

    United 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
  • Labbadia, III v. Martin

    United States Bankruptcy Court, D. Connecticut · May 28, 2020

    To establish a debt was incurred by a “false representation” a plaintiff must establish: 1) “[t]he debtor made a false representation; [2)] [a]t the time the representation was made, the debtor knew it was false … In other parts of the defendant’s Petition and Schedules, including Schedule A/B and the Statement of Financial Affairs, the defendant clearly disclosed his ownership interest in the Westbrook Property, and that he resided

    Cited 0 timesUnknown
  • Mitchell

    United States Bankruptcy Court, S.D. Texas · Jul 26, 2023

    . § 157, they invoke substantive rights established by the Bankruptcy Code.28 Therefore, the instant proceedings are core. … E.D.N.Y. 2005) (national franchisor, to which its franchisee remitted a portion of fee collected for preparation of debtor’s Chapter 7 petition, schedules, and statement of financial affairs, qualified as BPP, even though

    Cited 0 timesUnknown
  • Lin v. Pacheco

    United States Bankruptcy Court, D. Utah · Dec 16, 2021

    To qualify as an affirmation of fact, a statement must be objective in nature, i.e., verifiable or capable of being proven true or false. … For starters, it remains unclear whether Danny even made a qualifying false representation.

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  • The Maxus Liquidating Trust v. YPF S.A.

    United States Bankruptcy Court, D. Delaware · May 10, 2021

    Boelter’s purported violation of Model Rule 1.7 to establish she was not likely to comply with the ethical screen established by White & Case. … If YPF is correct, then every bankruptcy court decision involving professional ethics would qualify for direct appeal. Clearly, more is needed.

    Cited 0 timesUnknown
  • Griffith v. Cleveland State University Student Loans

    United States Bankruptcy Court, N.D. Texas · Jun 30, 2021

    The Debtor is well-educated and highly qualified for positions as a psychometrist, and she has been able to quickly find employment in the past. … A good faith effort most clearly manifests in actual payments.

    Cited 0 timesUnknown
  • Michael P. McMahon

    United States Bankruptcy Court, E.D. New York · Nov 29, 2022

    Thaler (“Trustee”), was appointed interim trustee of the debtor’s estate and subsequently qualified as permanent trustee and continues to serve in that capacity. … Moreover, if what debtor produced in January 2022 was clearly sufficient for Movants to form the basis of a complaint to object to discharge as debtor alleges, then there would not be a need for third-party discovery.

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  • ARTURO FRANCISCO DIAZ IRIZARRY v. JORGE LUIS DIAZ IRIZARRY; BETTEROADS ASPHALT, LLC

    United States Bankruptcy Court, D. Puerto Rico · Nov 8, 2021

    Some 14 challenges—those grounded in considerations of ripeness, mootness, sovereign immunity, and the 15 … The Third Circuit 20 has established a much-cited standard for determining whether a proceeding is "related." In Pacor, Inc. v.

    Cited 0 timesUnknown
  • Dennis Riley Hayes

    United States Bankruptcy Court, E.D. Missouri · Mar 19, 2026

    Nothing in Section 1232(b) itself establishes that either of these two interpretations is obviously correct. … This statute is consistent with the general principle that “preferential treatment of a class of creditors is in order only when clearly authorized by Congress.” Howard, 547 U.S. at 655.

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  • In re: Barry Vernon Barnett and Cortney Baugh Barnett; In re: Travis Parson and Casey Parson; In re: Dennis Hayes; In re: Steven Walker and Keisha Walker

    United States Bankruptcy Court, E.D. Missouri · Mar 19, 2026

    Nothing in Section 1232(b) itself establishes that either of these two interpretations is obviously correct. … This statute is consistent with the general principle that “preferential treatment of a class of creditors is in order only when clearly authorized by Congress.” Howard, 547 U.S. at 655.

    Cited 0 timesUnknown
  • In re: Barry Vernon Barnett and Cortney Baugh Barnett; In re: Travis Parson and Casey Parson; In re: Dennis Hayes; In re: Steven Walker and Keisha Walker

    United States Bankruptcy Court, E.D. Missouri · Mar 19, 2026

    Nothing in Section 1232(b) itself establishes that either of these two interpretations is obviously correct. … This statute is consistent with the general principle that “preferential treatment of a class of creditors is in order only when clearly authorized by Congress.” Howard, 547 U.S. at 655.

    Cited 0 timesUnknown
  • Reinbold v. Schertz

    United States Bankruptcy Court, C.D. Illinois · Nov 17, 2022

    Schertz could not establish any foundation for her testimony and she proffered no witness qualified to testify on the value of Schertz Aerial, the Court cannot place any fair market value on the business … Where, as here, “the record does not contain evidence that clearly establishes the point at which the marriage began to break down, dissipation must be measured from the time the parties separated or a petition for dissolution

    Cited 0 timesUnknown
  • Benninger v. First Colony Life Insurance

    357 B.R. 337 · United States Bankruptcy Court, W.D. Pennsylvania · Dec 18, 2006

    The “services” Cuneo agreed to provide in this case were clearly for a personal, family or household purpose. … The phrase “practice of law” is not statutorily defined and courts have been reluctant to establish a specific definition of it.

    Cited 1 timesPublished
  • Hutchings v. Ocwen Federal Bank (In Re Hutchings)

    348 B.R. 847 · United States Bankruptcy Court, N.D. Alabama · Sep 7, 2006

    Clearly, he did not specifically testify that the telephone calls and letters caused his separation. … Failure to proffer credible evidence of damages results in an inability for Debtors to qualify for damage awards.

    Cited 31 timesPublished
  • Dymarkowski (Trustee) v. Teresa Nadeau as Trustee of the 858 Trust

    United States Bankruptcy Court, N.D. Ohio · Sep 28, 2023

    (3) That the Plaintiff is the duly qualified and acting Trustee of the Debtor’s bankruptcy estate and has standing to bring the claims brought in this Adversary Proceeding. … Debtor was generally evasive on facts that might hurt her case but could clearly recall facts that would help her case. There were also inconsistencies in Debtor’s testimony.

    Cited 0 timesUnknown
  • Jose L Aguayo Calahorra

    United States Bankruptcy Court, D. New Mexico · Jun 28, 2022

    Claiming a mortgage and mortgage debt clearly is inconsistent both with the purported deed of trust sale and the Texas Default Judgment. 7. Dr. … See NMSA § 48-10-6(A)(1) (an attorney who is a member of the state bar of New Mexico is qualified to serve as the trustee of a deed of trust).

    Cited 0 timesUnknown
  • Daren C. Daly

    United 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
  • Trejo v. Sallie Mae

    United States Bankruptcy Court, N.D. Texas · Apr 15, 2020

    Trejo bears the burden of proof to establish that all three prongs of the Brunner test have been satisfied.71 And the Fifth Circuit has made clear that Congress “clearly evinces an intent to limit bankruptcy’s use as … The uncontroverted evidence established that Ms.

    Cited 0 timesUnknown
  • Brandt v. nVidia Corp. (In Re 3dfx Interactive, Inc.)

    389 B.R. 842 · United States Bankruptcy Court, N.D. California · Apr 30, 2008

    Introduction Federal Rule of Evidence 702 provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as … In addition, the S-4 Proxy Statement by which 3dfx solicited shareholder approval of the Transaction and the Plan of Dissolution clearly describes an asset sale and nothing else. Exs. 5057, 5060. Mr.

    Cited 12 timesPublished
  • Cantwell-Cleary Co., Inc. v. Cleary Packaging, LLC

    United States Bankruptcy Court, D. Maryland · Jun 7, 2022

    And when the creditors withhold their consent, any such plan must be fair and equitable in that it must comply with priority rules that establish a hierarchy of creditor classes for the order in which each class of creditor … This is confirmed yet more clearly by the phrase modifying “debt”— i.e., “of the kind.”

    Cited 0 timesUnknown

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