Case law

In re: Manuel Mediavilla and Maydin G. Melendez

United 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

Cox v. Cox (In Re Cox)

247 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.

The Bank of Canton v. McNamara

United States Bankruptcy Court, D. Massachusetts · Sep 18, 2020

The debtor clearly knew he had to list all his assets, even those he believed had a zero value, or he wouldn’t have listed his supposed valueless interest in Sparrell. … Hence, the dissipation of the stock’s value by the debtor could qualify as the destruction or removal of that property. See In re Hintze, 570 B.R. 369, 387-88 (Bankr. N.D.

Skybridge Spectrum Foundation

United States Bankruptcy Court, District of Columbia · Jun 3, 2021

Subsection (a) establishes against whom an involuntary chapter 7 or 11 case may be filed. … Havens has failed to clearly state a claim for any of the alleged debts, and even if he had, each claim is subject to a clear dispute. i.

Spizz v. Eluz

United States Bankruptcy Court, S.D. New York · Sep 1, 2020

In or around 2004, the Ampal Board of Directors established a special committee of independent directors (“Special Committee”) to review and approve transactions with any related party, which included Maiman and MNF. … “sole purpose is to provide the jury with an understanding of the relevant customs and norms applicable to an officer confronted with a situation involving a conflict of interest, which is an objective opinion from a qualified

Mims v. Matrix Trust Company

United States Bankruptcy Court, N.D. Texas · May 5, 2021

The majority of the plans were ERISA-qualified, while some were exempt from ERISA. … The issue is whom, by statute, may bring a cause of action for the Vantage 401(k) plan (an ERISA-qualified plan). 35 29 U.S.C. § 1109.

Kevin S. Moser

United 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

Fledderman v. Glunk (In Re Glunk)

455 B.R. 399 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 11, 2011

A creditor may also succeed in establishing that a debt is nondischargeable under § 523(a)(2)(A) by proving that the debtor failed to disclose a material fact. … In addition, I find that the Plaintiffs did not establish the element of reliance on the misrepresentation. I do not believe that either Amy or Mrs.

Wallace v. Nelnet, Inc. (In re Wallace)

557 B.R. 129 · United States Bankruptcy Court, E.D. Arkansas · Sep 15, 2016

Wallace would qualify for an income based or income contingent repayment plan offered by the USDE. The USDE further argued that under Ms. … “The words provided in [Section 523(a)(8)] are clearly singular.

Anderson v. Tatum

United States Bankruptcy Court, N.D. Texas · Apr 8, 2024

Anderson failed to establish by a preponderance of the credible evidence that Mr. … Anderson that JDR was fully qualified and would take care of all necessary permits and licenses for the job, he genuinely believed that to be true.

Spizz v. Eluz

United States Bankruptcy Court, S.D. New York · May 14, 2020

The party offering the expert carries the burden of establishing the requirements imposed by Rule 702 of the Federal Rules of Evidence,6 and the court acts as a “gatekeeper” to ensure that the “expert’s testimony both rests … When material facts are subject to bona fide dispute, an expert lacking personal knowledge of the facts is clearly not the person to provide testimony about those facts. 2.

Laura L. Reppert

United States Bankruptcy Court, W.D. Pennsylvania · Sep 30, 2022

The Court begins with the well-established rules of statutory construction. … The “opportunity for mischief,”111 as apparently downplayed by In re Frank, actually empowers a dishonest debtor to immunize their discharge by disclosing misconduct prior to its entry.

In re Colon

558 B.R. 563 · United States Bankruptcy Court, D. Puerto Rico · Sep 30, 2016

P. 37(b)(2)(A)(i) and (ii) that the proposed findings be established as findings of facts. … Siegel, the court clearly has no authority to entertain that petition.

Matter of Scher

12 B.R. 258 · United States Bankruptcy Court, S.D. New York · Jun 16, 1981

NDSL was established by the National Defense Education Act of 1958, Pub.L.85-864, 72 Stat. 1581 , 20 U.S.C. (1976 ed.) §§ 401-602. … Under this program, the money is borrowed from a qualified lender and it is guaranteed by either the federal government, a state agency, or a private non-profit organization.

Robson, Miller & Osserman v. D.H. Overmyer Telecasting Co. (In Re D.H. Overmyer Telecasting Co.)

77 B.R. 128 · United States Bankruptcy Court, N.D. Ohio · Aug 26, 1987

(Mitchell, 1 Tr. 93-94) The Lady Gabriel estate was one of only three or four properties in the Town of Newcastle that were large enough to qualify for development under the MFPD ordinance. … Therefore, Telecasting has not clearly and convincingly met the requisite burden of proof and the allegation fails. Telecasting has also asserted that Mr.

In Re Bonham

226 B.R. 56 · United States Bankruptcy Court, D. Alaska · Apr 10, 1998

There is no one set *82 of elements which, if established, will mandate consolidation in every instance. … The trustee has established the right to substantive consolidation under the Augie/Restivo test.

Compass Bank Ex Rel. Guaranty Bank, FSB v. North American Petroleum Corp. USA (In Re North American Petroleum Corp. USA)

445 B.R. 382 · United States Bankruptcy Court, D. Delaware · Feb 18, 2011

It is that provision that finally and clearly indicates a failure of a meeting of the minds by the parties. … To qualify as an administrative expense, which enables priority treatment under section 507 of the Bankruptcy Code, an expense must satisfy the requirements of section 503(b) of the Bankruptcy Code.

Amegy Bank National Ass'n v. Brazos M & E, Ltd. (In Re Bigler LP)

458 B.R. 345 · United States Bankruptcy Court, S.D. Texas · Aug 19, 2011

Pre-petition Actions Taken by Hal-go to Establish its Statutory and Constitutional Liens 35. … Pre-Petition Actions Taken by Shaw to Establish its Constitutional and Statutory Liens 43.

Patrick S. Layng, United States Trustee for Region v. Barclay

United States Bankruptcy Court, D. Colorado · Jan 10, 2023

In a seminal decision construing Section 526(a), the Supreme Court determined that “the statutory text clearly indicates that attorneys [and their law firms] are debt relief agencies when they provide qualifying services … On the other side, no mitigation factors have been established.

In Re Amica, Inc.

135 B.R. 534 · United States Bankruptcy Court, N.D. Illinois · Jan 3, 1992

[Finding Nos. 6(a) and 6(b) ] Claimant did not establish at trial its present *540 ability to conduct a national marketing effort through an existing sales force, nor did it establish that it has now obtained any identified … It was also admissible to allow Arnica to establish fraudulent inducement on the part of BBS.