Case law

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.

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.

Gonzales v. AB Real Estate, LLC

United States Bankruptcy Court, N.D. Texas · May 23, 2025

summary judgment, “the trial court has broad discretion to rule on the admissibility of the expert’s evidence” and “may inquire into the reliability and foundation of any expert's opinion[,]” and if the “expert’s opinion is clearly … The numbers in Exhibit 48 are qualified by a footnote: “We note that the internally prepared balance sheets for 2017 and 2018 did not balance and were therefore, assumed to be a work-in-progress.

Gonzales v. AB Real Estate, LLC

United States Bankruptcy Court, N.D. Texas · May 21, 2025

summary judgment, “the trial court has broad discretion to rule on the admissibility of the expert’s evidence” and “may inquire into the reliability and foundation of any expert's opinion[,]” and if the “expert’s opinion is clearly … The numbers in Exhibit 48 are qualified by a footnote: “We note that the internally prepared balance sheets for 2017 and 2018 did not balance and were therefore, assumed to be a work-in-progress.

In Re Churchfield Management & Investment Corp.

98 B.R. 838 · United States Bankruptcy Court, N.D. Illinois · Mar 10, 1989

Ferguson and the law firm of Swidler, Berlin & Strelow to continue its representation of the debtor because of its unique familiarity with the facts and issues of the matter and because they are highly qualified to prosecute … The Seventh Circuit appeared to hold that former § 48c established a minimum trustee fee.

Amanda Minech

United States Bankruptcy Court, W.D. Pennsylvania · Sep 7, 2021

Loan as a “charge-off” rather than discharged in bankruptcy.18 As the “direct and proximate result” of the adverse report, she alleges that her credit score dropped by 26 points, placing her below the level needed to qualify … Ga. 2015) (“When the credit reports clearly indicate that the Plaintiffs owe nothing on the Loan and that it was discharged in bankruptcy, it does not appear that the Defendant is coercing or pressuring the Plaintiffs

Joseph Walker

United States Bankruptcy Court, E.D. Pennsylvania · Jan 8, 2021

It did not contain any specific counts, nor did it recite any facts that would have established a basis for relief under applicable bankruptcy law. … Here, the allegations related to Debtor’s opening of the door to Plaintiff's home which, at most, qualified as an act that led to a most unfortunate injury at the hands of third parties.

Casamatta v. Wright

United States Bankruptcy Court, D. Nebraska · Sep 7, 2022

. #39). 11 The withdrawal totaled $116,065.23 but was not qualified. The debtor incurred a tax penalty. … The materiality element is clearly met in this case. The threshold for materiality is “fairly low”. Id.

Anelia Tcherneva

United States Bankruptcy Court, E.D. New York · Feb 28, 2022

If there is support for establishing a different presumptive fee the Court will remain open to those arguments. … The Retainer clearly states that loss mitigation is not included in the $5,500.00 fee.

Celsius Network Limited v. Stone

United States Bankruptcy Court, S.D. New York · Dec 8, 2022

This is clearly impermissible. See Israel Disc. Bank of New York, 199 F.3d at 107. … establishing that certain property was ever property of the estate in the first place.

East Penn Children's Learning Academy, LLC

United States Bankruptcy Court, E.D. Pennsylvania · Dec 3, 2021

Rent Cap is a limiting principle, not a formula for calculating damages To start, we must take into account the well-established principle that the Rent Cap seeks to limit rather than determine the amount of a creditor … The Claim is listed on the Claims Register in the amount of $12,320.00 and, given that any remaining amounts are clearly a duplication of Claim 3, I will assume that Proof of Claim 2 states a priority, allowed claim for

East Penn Children's Learning Academy, LLC

United States Bankruptcy Court, E.D. Pennsylvania · Dec 3, 2021

Rent Cap is a limiting principle, not a formula for calculating damages To start, we must take into account the well-established principle that the Rent Cap seeks to limit rather than determine the amount of a creditor … The Claim is listed on the Claims Register in the amount of $12,320.00 and, given that any remaining amounts are clearly a duplication of Claim 3, I will assume that Proof of Claim 2 states a priority, allowed claim for

Joseph E Smith and Dena D Smith

United States Bankruptcy Court, S.D. Georgia · Feb 23, 2022

Many courts require that “a movant seeking retroactive approval of a professional’s employment must demonstrate that the professional would have been qualified for employment at the onset, and throughout the … Heitmann clearly satisfies the first prong of the test. The Chapter 13 Trustee stipulated at the September 23, 2021 hearing that Mr. Heitmann would have been qualified to represent Mrs.

Eric Ray Henry

United States Bankruptcy Court, D. Kansas · Jun 5, 2020

Other than the amount established by the best interest of creditors test in § 1325(a)(4), there is no minimum level of payments to unsecured creditors required in Chapter 13 repayment plans.!8 1 Td. 16 Kan. … For a debtor whose income is above the median for his State, the means test identifies which expenses qualify as ‘amounts reasonably necessary to be expended.”

William James Huyck, III and Julie Anne Huyck

United States Bankruptcy Court, E.D. Oklahoma · Mar 29, 2024

Vierheller’s testimony, clearly wanted them to leave. Mr. Huyck testified that he heard an exchange between the Trustee and Mr. … Section 703 outlines the procedure for selection of a successor trustee either by election of qualified creditors or appointment by the United States trustee.

Equis Equine, LLC v. Rose

United States Bankruptcy Court, E.D. Texas · Sep 30, 2020

The requested costs are clearly recoverable under Texas law. See, e.g., Nolte, 348 S.W.3d 262, 271. … Weston has established reasonable and necessary attorneys’ fees in the amount of $1,074,305.19. In addition, Weston has established reasonable and necessary court costs in the total amount of $45,247.06.

Patricia A. Roe (ABOVE MED)

United States Bankruptcy Court, W.D. Missouri · Jul 13, 2021

Oct. 14, 2016) (concluding Rule 3002.1(i) only references the itemization of the charges and thus untimely notice cannot qualify as failing to provide the information). … And, as discussed above, Rule 3002.1(i) clearly provides the consequences the court may impose when a party violates Rule 3002.1(c). III.

In re Gillette Associates, Ltd.

101 B.R. 866 · United States Bankruptcy Court, N.D. Ohio · Jun 7, 1989

After establishment of the BANK ONE account, additional POST LAND COMPANY funds amounting to approximately Two Hundred Fifty Thousand & 00/100 Dollars ($250,000.00) were deposited to the account. … To qualify as confirmable, a plan must satisfy all the requirements of 11 U.S.C. Sec. 1129 . That section provides two means by which a plan may be confirmed.

Gatlin v. Johnson

United States Bankruptcy Court, C.D. California · Apr 15, 2025

testimony of Greta Curtis as it is reported in the judgment in Gatlin II; (2) 8 Whether the transfers by Dellita Johnson were willful and malicious actions within the 9 requirements of §523(a)(6); and (3) If they did qualify … Gatlin suffered any damages from the transfers and, if so, how much 16 The evidence clearly shows that Ms. Gatlin took no action to execute on her 17 judgment lien.

Weisfelner v. Blavatnik (In re Lyondell Chemical Co.)

543 B.R. 428 · United States Bankruptcy Court, S.D. New York · Jan 4, 2016

So it is not at all clear why or how the Trustee relies on the'Access Expert’s statements to establish liability. … United States, 477 F.3d 1368, 1371 (Fed.Cir.2007) ("relying on the text of the Luxembourg statutes and regulations and on reports and declarations of several well-qualified experts in Luxembourg law presented by both sides