Case law

In re Aéropostale, Inc.

555 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.”)

Sheet Metal Workers' National Pension Fund et v. Rusi

United States Bankruptcy Court, E.D. New York · Aug 19, 2025

The CBA incorporates by reference the Agreement and Declaration of Trust (the “Trust Agreement”) establishing the NFP. CBA, Article XII, Section 21.C. … S.D.N.Y. 2002) (“Article 3–A [of New York’s lien law] clearly creates an express trust within the meaning of [s]ection 523(a)(4)”); Scheidelman v. Henderson (In re Henderson), 423 B.R. 598, 623 (Bankr.

Harlem Multifamily LLC v. Eight-115 Associates, LLC

United States Bankruptcy Court, S.D. New York · Mar 16, 2021

On August 7, 2020, Yann Geron (the “Trustee”) was appointed interim trustee of the Debtor’s estate and thereafter qualified and is serving as permanent trustee. (Opposition ¶ 16.) … Rather, the Overruling Order finds that the 9019 Motion is clearly a core proceeding, as it clearly “would have no existence outside of the bankruptcy.”

In Re Blue Coal Corp.

168 B.R. 553 · United States Bankruptcy Court, M.D. Pennsylvania · Jun 10, 1994

That testimony clearly indicates that the Congressman was a driving force behind the creation of Earth Conservancy and its efforts to secure funds for the ultimate purchase of Blue Coal assets. … The objectors argue that Tesh, despite his ample qualifications, should not be qualified as an expert since he did not possess a valid license under the Pennsylvania Real Estate Licensing and Registration Act, which makes

MatlinPatterson 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.

TransUnion Risk & Alternative Data Solutions, Inc. v. Best One, Inc. (In re TLFO, LLC)

572 B.R. 391 · United States Bankruptcy Court, S.D. Florida. · Aug 18, 2016

Here, the evidence discussed clearly above shows that Poulsen sat on his rights and failed to challenge the Sale Order in a timely matter. TransUnion-.TRADS paid $154 million to acquire the assets of TLO. … Schedule 2.6(f) explicitly did not "modify or qualify any representation or warranty in any section of the [Executed APA] other than 2.6(f) and 2.6(a).” See Sale Order, Ex. A, Schedule 2.6(f).

In Re Wabash Valley Power Ass'n, Inc.

77 B.R. 991 · United States Bankruptcy Court, S.D. Indiana · Sep 21, 1987

The PSC has simply and clearly stated that Wabash cannot raise its rates to pay for Marble Hill. Wabash can request a rate increase if necessary “to maintain its credit and meet its financial obligations.” … Pratt agreed, and testified that Lindsay’s report is not a true valuation that would be accepted by a qualified appraiser. XVIII, pp, 34-35, 46.

In Re Best Products Co., Inc.

168 B.R. 35 · United States Bankruptcy Court, S.D. New York · May 25, 1994

This rule, clearly established, applies regardless of whether the grantee was guilty of actual or constructive fraud. … Some of the proceeds of the Term Loan and the Bridge Loans would also probably qualify as consideration flowing to Best in that they were made available to pay back antecedent debt of Best.

Seawalk Investments, LLC

United States Bankruptcy Court, M.D. Florida · Jan 16, 2025

attempts at protecting its interest in the [p]roperty, which are within the scope of the Loan Documents.”142 The Court further noted that while the mortgage at issue defined attorney’s fees broadly, it also included the qualifying … In general, a clearly oversecured creditor with virtually no risk such as Sky would have little to do for general case administration.

Heller Ehrman LLP

United States Bankruptcy Court, N.D. California · Mar 2, 2020

Hootnick’s concurrent positions with Paravue and 5 Acuity, and that she was simply trying to help them get out of a 6 bind.37 Despite her attempts to qualify her prior statements, 7 the statements … Retention of Replacement Counsel 21 Although Paravue could not expect further legal services 22 from Heller, it clearly expected such services from Messrs.

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · Jun 3, 2024

Claimant also stated that the Claim qualifies as an Administrative Expense under 11 U.S.C. § 503(b)(9) in the amount of $120,000. Id. … App. 2020) (unpublished table decision) (finding the probate court erred in denying petition for appointment of personal representative because the petition “clearly establishe[d] the need for a personal representative

Tribune Media Company

United States Bankruptcy Court, D. Delaware · Mar 3, 2020

Henke argues that these statements are clearly untrue. … “Though a statement of opinion is not immune from suit, a statement is not actionable unless it asserts a provably false fact or factual connotation.”

In Re Amoakohene

299 B.R. 196 · United States Bankruptcy Court, N.D. Illinois · Jul 23, 2003

The lien at issue here does not qualify for lien avoidance under this section. The only feasible option under § 521(2)(A), then, is to surrender the real property, which Amoakohene has not done. … If Amoakohene can demonstrate that in spite of Washington Mutual Bank’s refusal to accept certain tendered installments, he was substantially current on mortgage payments, Washington Mutual Bank may not be able to establish

E.L. Hamm & Associates, Inc. v. Sparrow (In Re Sparrow)

306 B.R. 812 · United States Bankruptcy Court, E.D. Virginia · Nov 3, 2003

A “knowing breach of contract” could also qualify. A construction so broad would be incompatible with “well-known” guide that exceptions to discharge “should be confined to those plainly expressed.” … Clearly, the defendant’s act of subordinating the plaintiffs interests in his Portfolio Account was an improper act, but the Court is bound by the subjective intent of the debtor in determining whether the injury to the plaintiff

Byron F David

United States Bankruptcy Court, E.D. Virginia · Jan 27, 2020

These exhibits clearly support Mr. David’s assertion that the documents are fabrications. The opinions of the handwriting experts for the parties were very similar. … Regulation B of the ECOA further states, “… a creditor shall not require the signature of an applicant spouse or other person, other than a joint applicant, on any credit instrument if the applicant qualifies under the

Matter of Mansfield Tire & Rubber Co.

65 B.R. 446 · United States Bankruptcy Court, N.D. Ohio · Aug 18, 1986

Buteneas, Establishing Attorney’s Fees Under the Bankruptcy Code, 37 Business Lawyer 77 (1981). … In pursuit of its task, the court is to bear in mind that the burden of proof to establish the entitlement to and reasonableness of a fee is upon the professional seeking compensation.

Hard-Mire Restaurant Holdings, LLC

United States Bankruptcy Court, N.D. Texas · Jul 25, 2019

Dominguez can establish the validity of his claim.16 This Memorandum Opinion will first address Mr. … The bulk of the record, however, clearly shows that Mr. Dominguez spent the vast majority of his day preparing and/or cooking food.

Allied Technology, Inc. v. R.B. Brunemann & Sons, Inc. (In Re Allied Technology, Inc.)

25 B.R. 484 · United States Bankruptcy Court, S.D. Ohio · Dec 7, 1982

Although 11 U.S.C. § 365 (b) is only triggered in the event of a default (and even a technical default is not definitively established by the record) it is, nevertheless, the specific finding of the Court that Debtor in Possession … In this regard, the Court specifically notes that the right to cure a breach of an unexpired lease under 11 U.S.C. § 365 (b) extends to “a default,” a term which is not qualified and presumably includes any default which

In Re ELRS Loss Mitigation, LLC

325 B.R. 604 · United States Bankruptcy Court, N.D. Oklahoma · Jun 6, 2005

Of the six creditors who have filed or joined in the involuntary petition, only three are qualified to do so. The claims of those three creditors aggregate more than the statutory requirement of $12,300. … The burden of establishing that fact lies with the petitioning creditors. They have not met that burden. 48 .

Robby D. Garner

United States Bankruptcy Court, D. Maryland · Sep 23, 2025

is well-established that home mortgages are considered consumer debt. … A debt securing a debtor’s principal residence qualifies as a consumer debt.