Case law
Opinions from 1658 to today.
7,439 results
3.81s
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.
Cited 0 timesUnknownDymarkowski (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 timesUnknownUnited States Bankruptcy Court, D. New Mexico · Dec 3, 2021
established that a dismissal without prejudice has no res judicata effect on a subsequent claim”); Satsky v. … Pa. 1973) (defendant’s claim that he relied on the representations of a co-defendant’s attorney that “he had nothing to worry about” does not clearly qualify as a ground for relief from judgment); Williams v.
Cited 0 timesUnknown357 B.R. 72 · United States Bankruptcy Court, E.D. Louisiana · Dec 29, 2006
The language of the purported settlement clearly states that the equity holders are receiving the right to purchase new equity in exchange for agreeing not to object to the plan. … The term sheet further states that the reorganized debtor shall notify those who qualify to participate of the exercise price for the Participation Rights two business days after the offering expires.
Cited 1 timesPublishedSpinoso v. Heilman (In Re Heilman)
241 B.R. 137 · United States Bankruptcy Court, D. Maryland · Oct 26, 1999
The federal law is aimed only at the express trust situation in which the debtor either expressly signified his intention at the outset of the transaction, or was clearly put on notice by some document in existence at the … Neither the contracts nor the indemnity mortgage executed in this case qualified as a declaration of trust in favor of the plaintiffs. 4. Was an ordinary commercial relationship involved? Yes.
Cited 57 timesPublishedCantwell-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 timesUnknownUnited States Bankruptcy Court, M.D. North Carolina · Nov 18, 2025
This Court may not relitigate the amount established in the State Court. … “[T]o qualify as willful for purposes of section 523(a)(6), the debtor must: 1) commit an intentional tort, not a negligent or reckless tort, and 2) the intentional tort must be conduct substantially
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Kansas · Oct 16, 2023
BAP 2012) (qualifying fiduciary relationship under § 523(a)(4) exists when debtor has been entrusted with money pursuant to an express or technical trust). … change would prejudice the party who has relied on the earlier position.79 There are three non-exclusive factors that may inform a court’s decision whether to apply the doctrine: (1) a party’s subsequent position must be clearly
Cited 0 timesUnknown247 B.R. 556 · United States Bankruptcy Court, D. Massachusetts · Mar 31, 2000
the portion of the divorce judgment pertaining to the division of marital assets, and ordered the Plaintiff to pay, with interest, $127,120.00 to the Debtor 2 and another $30,000.00 to her counsel; and (2) ordered that Qualified … Under Massachusetts law, in order to establish grounds for the imposition of a constructive trust, the plaintiff must also be able to trace the proceeds or profits of the corpus. See Boston Safe Deposit and Trust Co. v.
Cited 15 timesPublishedStevenson v. J.C. Bradford & Co. (In Re Cannon)
230 B.R. 546 · United States Bankruptcy Court, W.D. Tennessee · Feb 22, 1999
See 7 U.S.C. § 4 (1922) (establishing liability of principal for acts of agent). … Courts have generally held that it is not necessary to show that the transferee had actual fraudulent intent, though fraudulent intent on the *592 part of the transferee would clearly establish the lack of good faith.
Reversed on other grounds by Townes v. Sunbeam Oster Co., Inc., 2001 Tenn. App. LEXIS 68 (2001)Cited 18 timesPublishedOfficial Committee of Unsecured Creditors v. EBF Partners, LLC
United States Bankruptcy Court, D. Nebraska · Jan 3, 2019
The terms of the agreement establish that it is governed by Florida law. Id. at ¶ 4.5. … Even first-time transactions can qualify. See Wood v. Stratos Prod. Dev., LLC (In re Ahaza Sys.
Cited 0 timesUnknownIn re: Coco Beach Golf & Country Club
United States Bankruptcy Court, D. Puerto Rico · Mar 27, 2020
In order to establish prima facie showing for an administrative expense under 26 section 503(b)(1)(A) a claimant must make two allegations, that … (In re Mammoth Mart, Inc.), 536 F.2d 950, 953 (1st Cir. 1976) (“To give 1 priority toa claimant not clearly entitled thereto is inconsistent with the policy of equality of distribution; it dilutes the
Cited 0 timesUnknownHutchings 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 timesPublishedUnited States Bankruptcy Court, M.D. Florida · Apr 5, 2023
In balancing the risk of liability for a garnishee, the Florida Legislature “has provided immunity for any garnishee acting in good faith.” Arnold, 982 So. 2d at 632. … The instant case is clearly distinguishable from Fulton because the continued post-petition garnishments materially altered the status quo.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · May 11, 2021
Navient has failed to establish that its fee request is reasonable. As explained below, the Court finds that the majority of the fees requested are unreasonable. … Navient failed to establish the reasonableness of the fees sought. This Court has discretion to either reduce the fees or deny the fees in their entirety.
Cited 0 timesUnknownIn re: Genesis Global Holdco, LLC, et al.
United States Bankruptcy Court, S.D. New York · Jan 13, 2026
An intent to release a claim must be “clearly established and cannot be inferred from doubtful or equivocal . . . language . . . .” Id. at 87–88 (citations omitted). … highly qualified, professional drafters knew how to write an explicit release and resolution of claims.
Cited 0 timesUnknownPMI Investment, Inc. v. Rose (In Re Prime Motor Inns, Inc.)
167 B.R. 261 · United States Bankruptcy Court, S.D. Florida. · May 12, 1994
The description clearly acknowledges that the PMI Loan is out *274 standing to several entities, only some of whom are also FSA Borrowers. … This commentary, the existence of which FSA established at trial was unknown to PMI (Tr.
Cited 2 timesPublishedUnited States Bankruptcy Court, D. Puerto Rico · Dec 30, 2015
Kan. 1994), aff’d, 43 F.3d 1484 (10th Cir. 1994). 21 “Motions under Rule 59(e) must either clearly establish a manifest error of law or must present … Church, which held that: 9 10 Although the amendments to the Code provided by BAPCPA now allow secured tax claims to qualify
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. Pennsylvania · May 11, 2021
IBS clearly wants for itself all the benefits of being a creditor in a chapter 7 case without the burden 5 Moreover, the Court notes that the Conciliation Conference Minutes for the July 25, 2019 meeting of creditors … review of the claims asserted, including a reading of the state court complaint, the Court is not of the view that the underlying debt is the product of “conduct akin to fraud, misconduct or gross negligence” that would qualify
Cited 0 timesUnknown394 B.R. 721 · United States Bankruptcy Court, S.D. New York · Oct 10, 2008
“Where a plaintiffs conclusory allegations are clearly contradicted by documentary evidence incorporated into the pleadings by reference, however, the court is not required to accept them.” Labajo v. … (In re Crafts Plus+, Inc.), 220 B.R. 331, 338 (Bankr.W.D.Tex. 1998)(“Once it has been established that a qualified transfer has been made, § 550 provides for recovery against either the initial transferee ... or ‘the entity
Cited 56 timesPublished
Ask Donna