Case law

ZaZa Energy LLC v. C&J Spec-Rent Services, Inc.

United States Bankruptcy Court, S.D. Texas · May 17, 2024

If the movant establishes “the absence of evidence supporting an essential element of the non-movant’s case,” the burden shifts to the non-movant to establish a genuine dispute of material fact. … The MSA clearly falls within the definition of an “Insured Contract.”

Empresas Inabon, Inc. v. Gotay (In Re Empresas Inabon, Inc.)

358 B.R. 487 · United States Bankruptcy Court, D. Puerto Rico · Jul 12, 2006

Clearly, upon being unable to comply with the repayment of the loans and the agreement incorporating the same, debtors sank continuously deeper into debt, dissipating what at one time should have been substantial equity in … For the purposes of § 506(b), an allowed secured claim is an allowed claim that qualifies as secured under § 506(a). Id., ¶ 506.04[1] at 506-102.

Settlement Capital Corp. v. Allstate Life Insurance (In Re Jack)

390 B.R. 307 · United States Bankruptcy Court, S.D. Texas · Jul 10, 2008

The First PSA clearly states that it was *313 intended to be a purchase and not a loan. [Id. at § 4.12.] … Bor-da responded in the affirmative, the question relies upon an assumption that was not established at trial.

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 .

Cortlandt Liquidating LLC

United States Bankruptcy Court, S.D. New York · Feb 2, 2023

This establishes that the statute measures “rent reserved within time periods.” Therefore, the sentence structure of the statute supports the time approach. … Ed. 2d 786 (1957) (“‘no changes in law or policy are to be presumed from changes of language in the revision unless an intent to make such changes is clearly expressed.”)

Elrod v. Bowden (In Re Bowden)

326 B.R. 62 · United States Bankruptcy Court, E.D. Virginia · Mar 18, 2005

Therefore, the court held that, while a statement that specific assets are unencumbered is not a “formal financial statement, such as a typical balance sheet or a profit and loss statement,” such statement certainly qualifies … It is established that Wegmans had such a right; there is no claim that its right is not enforceable under state law.

In Re Lehman Brothers Holdings Inc.

445 B.R. 143 · United States Bankruptcy Court, S.D. New York · Feb 22, 2011

Movants submit that such a failure to disclose at best qualifies as mistake, inadvertence or excusable neglect under Rule 60(b)(1). LBHI Resp. ¶¶ 150-161. … Barclays was the one qualified buyer in a position to promptly complete a going concern acquisition — it is as simple as that.

Endo International plc and 70 Maple Avenue, LLC

United States Bankruptcy Court, S.D. New York · Nov 2, 2022

The UST concedes that the Debtors qualify as a “controller” under the GDPR but contends that, since the Debtors assertedly “have the duty to make public all information contained in their Court filings in these cases,” … Those factors clearly weigh against the unfettered disclosure of the identities of the Individual Litigation Claimants. So does the fact that such disclosure is not necessary to the orderly operation of these cases.

Douglas v. Dry Clean Concepts, Inc.

United States Bankruptcy Court, D. Maryland · Sep 28, 2020

But the projection clearly states at the bottom of each page that “[t]hese projections are guidelines only and are not guaranteed in total or in part by DRY CLEAN CONCEPTS, INC. or any of its employees or agents.” … Specifically, ECOA regulations prohibit lenders from requiring a spouse’s signature on a loan agreement when the applicant individually qualifies for the requested credit. 12 C.F.R.

MEGHJI v. INTO THE BLOCK CORP.

United States Bankruptcy Court, S.D. New York · Mar 10, 2025

safeguards” Celsius may have established. (Agreement § 1; id., App’x A § 3.) … Thus, whether something qualifies as a “security” necessarily requires an inquiry into whether it may be considered one of the items enumerated in the definition.

Celeste G. Broughton

United States Bankruptcy Court, E.D. North Carolina · Aug 31, 2020

However, the notice of hearing issued on July 16 clearly stated that a hearing would be held on Mrs. … This case was clearly difficult. xi. The Nature and Length of the Professional Relationship Mr.

In Re Sound Radio, Inc.

145 B.R. 193 · United States Bankruptcy Court, D. New Jersey · Sep 8, 1992

Clearly, Lofton was taking his marching orders from the shareholders *210 rather than the debtor-in-possession in the Chancery Division litigation. … Id. at 772 . 15 . 11 U.S.C. § 327 (a) imposes a two-pronged test for determining whether a professional qualifies for employment.

In Re Parsley

384 B.R. 138 · United States Bankruptcy Court, S.D. Texas · Mar 5, 2008

If you went with the Harris County Appraisal District value and they were clearly in a position of no equity, they were, I believe, undisputedly behind by a month and then on February 6th, they’re behind two more months. … In 1997, the Texas Constitution was amended to allow for forced sales where the lien was created through a qualifying home equity loan. Tex. Const, art. XVI, § 50(a)(6)(A); see also Box v.

MCI Worldcom Communications v. Communications Network International, Ltd. (In Re Worldcom Inc.)

386 B.R. 496 · United States Bankruptcy Court, S.D. New York · Apr 30, 2008

The Court did find, however, that WorldCom had not conclusively established damages. Id. … The Rebiller Agreement clearly and unambiguously states: “This Agreement may be modified only pursuant to a writing that is signed by each of the Parties.” (Trial Ex. WC-2 ¶ 15.7.)

Shirley Lett, - Adversary Proceeding

United States Bankruptcy Court, N.D. Georgia · Sep 8, 2021

That fact alone is not sufficient to establish alter ego, agency, or joint venture. … The information in the documents were either solely informational or the documents clearly stated that they were for informational purposes, they did not contain any demands for payment, and the amount owed was only included

The Truth Tellers, LLC v. Levine

United States Bankruptcy Court, N.D. West Virginia · Mar 31, 2022

She established herself as President and Mr. Levine as Secretary of Truth Tellers,1 and Defendant was also made a signatory to the bank account. … Second, Plaintiff must establish that Defendant committed an act of defalcation while acting as a fiduciary.

All Year Holdings Limited - Adversary Proceeding

United States Bankruptcy Court, S.D. New York · Oct 4, 2022

A change in the ownership interests on YGWV’s side of the LLC was clearly foreseen by the parties. … There is clearly a conflict between this result and Section 541’s clear language prohibiting a “termination” as a result of bankruptcy.

Novartis Pharmaceuticals Corporation v. Adesanya

United States Bankruptcy Court, E.D. Pennsylvania · Jul 14, 2021

Id. 9 Common law fraud must be established by clear and convincing evidence. … Accordingly, they are established by collateral estoppel.

Vincent James Borca and Pennylane Lovey Borca

United States Bankruptcy Court, E.D. North Carolina · Aug 2, 2021

The increase in income that the Debtors have experienced since the Petition Date clearly is substantial. See Matusak, 2017 Bankr. … The Trustee has carried his burden to establish that he could not have reasonably anticipated that Ms.

Jubber v. Search Market Direct, Inc. (In Re Paige)

413 B.R. 882 · United States Bankruptcy Court, D. Utah · Aug 19, 2009

They argued that the Trustee cannot recover the Domain Name from the SMDI Defendants because they qualify for the good faith purchaser’s defense under § 550. … See Amdura Corp., 75 F.3d at 1451 (holding that in the Tenth Circuit there is a presumption that "deposits in a bank to the credit of a bankruptcy debtor belong to the entity in whose name the account is established”); see