Case law
Opinions from 1658 to today.
7,439 results
2.56s
Diamond Power International, Inc. v. Babcock & Wilcox Co. (In Re Babcock & Wilcox Co.)
274 B.R. 230 · United States Bankruptcy Court, E.D. Louisiana · Feb 8, 2002
All three were eminently qualified, familiar with mass tort litigation, and well recognized experts in their respective fields. (1) Dr. Peterson’s testimony 33. Dr. … Clearly the Code provides that judges should make such decisions.
Cited 9 timesPublishedLambert v. Weyerhaeuser Co. (In Re Paragon Trade Brands, Inc.)
324 B.R. 829 · United States Bankruptcy Court, N.D. Georgia · Apr 13, 2005
Weyerhaeuser has the burden of proof to establish actual prejudice. 104. … ATA Section 11.02(a) does not, on its face, purport to qualify or limit either Paragon’s common law or Section 11.02(b) remedy for breach of warranty.
Cited 1 timesPublished135 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.
Cited 5 timesPublishedGlobal Technovations, Inc. v. Onkyo U.S.A. Corp. (In Re Global Technovations, Inc.)
431 B.R. 739 · United States Bankruptcy Court, E.D. Michigan · Jul 2, 2010
In the case of a business that qualifies as a “going concern,” assets are valued at their market rather than distress (i.e., liquidation) value, but the valuation must be done in a “realistic framework” considering amounts … Today’s standards were not so clearly established during the relevant time period in this case (2001-2004).
Cited 11 timesPublishedSt. Luke's Health System, Ltd. v. Bundy
United States Bankruptcy Court, D. Utah · Aug 5, 2025
This finding fails to sufficiently establish that Mr. Bundy acted in a “willful” manner. See Kawaauhau v. … Plaintiffs have established that the defamation claim from the Idaho Lawsuit is entitled to preclusive effect. The Idaho Default Judgment fully established that Mr.
Cited 0 timesUnknown545 B.R. 541 · United States Bankruptcy Court, S.D. Texas · Feb 11, 2016
post-petition settlement proceeds on account of prepetition cause of action remains part of the estate); In re Croft, 737 F.3d 372, 375 (5th Cir.2013) (The Supreme Court of Texas defines property broadly, and it is well established … In addition to the provisions of Rule 9019, the Fifth Circuit has provided guidance on what qualifies as “fair, equitable, and in the best interest of the estate.”
Cited 4 timesPublished541 B.R. 45 · United States Bankruptcy Court, S.D. New York · Oct 8, 2015
Judkins otherwise qualified for the benefits of the Relocation Policy, he did not sell his home in Maryland. 207 The costs Mr. … Accordingly, the Trustee’s position here is not clearly inconsistent with his earlier position, nor does it assert two separate positions.
Cited 3 timesPublishedUnited States Bankruptcy Court, N.D. Illinois · Feb 25, 2020
She has a temporary living arrangement that clearly cannot extend indefinitely. Moreover, Plaintiff gave up her vehicles altogether. … In light of the foregoing, Plaintiff has clearly established that she has made a good faith effort to repay the student loan, and has thus satisfied her burden under the third prong of the Brunner test.
Cited 0 timesUnknownUnited States Bankruptcy Court, C.D. California · Dec 19, 2019
None of Uzeta’s conduct qualifies as either “willful” or “malicious” within the meaning of § 523(a)(6). … From the outset, the parties failed to clearly establish the fundamental terms of their business venture. First, the parties had contradictory ideas of the amount required to buy into the business.
Cited 0 timesUnknownAnderson v. Credit One Bank, N.A.
United States Bankruptcy Court, S.D. New York · Mar 28, 2025
Nevertheless, as already established, Plaintiff’s briefs and oral arguments also seek leave for Plaintiff to amend the Complaint to more clearly include a declaratory judgment class claim. … are qualified and experienced and to date have conducted this litigation ably, including in the face of Credit One’s extraordinary misconduct.”
Cited 0 timesUnknownMAJOR, LINDSEY & AFRICA, LLC v. Mahn
United States Bankruptcy Court, S.D. New York · Feb 10, 2025
If a mere inability to monitor moved a standard employer-employee relationship into the realm of section 523(a)(4) fiduciary relationships, much of the caselaw holding that employer-employee relationships do not qualify … Aug. 10, 2016) (“As a general rule, an intentional breach of statutory duties by a debtor, whose conduct is clearly motivated by the prospect of financial gain, is not sufficient alone to imply malice . . . .
Cited 0 timesUnknown555 B.R. 369 · United States Bankruptcy Court, S.D. New York · Aug 26, 2016
But that case is clearly distinguishable. … Keehan, 900 F.Supp.2d 377, 392 (D.Del.2012) (“[I]t is well established that mere ownership or direction of a corporate entity, without more, is not sufficient to establish that the corporate form should be disregarded.”)
Cited 10 timesPublishedAttorney General of New Jersey v. Patriot Enterprises Worldwide, LLC
United States Bankruptcy Court, W.D. Pennsylvania · Sep 9, 2026
police power exception to the stay conclusively establishes that it is not removable. Considering the procedurally improper removal of the NJ Action, the Court need not reach the question of its removability. … This requires a detailed analysis consistent with Third Circuit precedent that neither has yet provided.73 To that end, the Court notes that even if the NJ Action is excepted from the stay, the police powers do not immunize
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Georgia · Nov 7, 2024
Shumway, a qualified expert witness, provided detailed testimony from which the Court can confidently conclude that certain events, including Mr. … Debtor argues that the Plan is clearly feasible. Debtor points to the fact that, prior to Mr. Lester’s judgment, Mr.
Cited 0 timesUnknownThe Diocese of Camden, New Jersey
United States Bankruptcy Court, D. New Jersey · Aug 29, 2023
The Court has already established that the Policies are property of the estate. … , nor can consultative bodies that do not qualify as “fiduciaries” under the Bankruptcy Code.
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. Pennsylvania · Sep 9, 2026
police power exception to the stay conclusively establishes that it is not removable. Considering the procedurally improper removal of the NJ Action, the Court need not reach the question of its removability. … This requires a detailed analysis consistent with Third Circuit precedent that neither has yet provided.73 To that end, the Court notes that even if the NJ Action is excepted from the stay, the police powers do not immunize
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. California · Aug 17, 2022
In Fink, the court 28 reviewed the well-established law that an assignment for collection vests the legal title to the 1 obligation in the assignee, and such assignee may maintain suit and enforce the obligation in its … Pa. 1995) (discussing whether a fiduciary under state securities act qualifies as a fiduciary under §523).
Cited 0 timesUnknownMatlinPatterson Global Opportunities Partners II L
United States Bankruptcy Court, S.D. New York · Dec 16, 2022
Because the Foreign Representative seeks only the latter [Abstention Mot., ECF No. 355 at 16] and likely does not qualify for the former, this opinion considers only permissive abstention. … Meanwhile, other factors are not established or are weak.
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Alabama · Jun 14, 2021
Here, the Plaintiffs have identified at least two omissions from the Debtor’s schedules that they assert qualify as false statements under § 727(a)(4). … In addition, the Debtor’s fraudulent intent is further established by her pattern of omissions.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Aug 12, 2022
Moreover, a plaintiff must also establish that its reliance was justifiable. … None of the foregoing qualifies as an express misrepresentation or statement. Id. at *5 n.7.
Cited 0 timesUnknown
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