Case law

Hutsell v. Allied Interstate

United States Bankruptcy Court, N.D. Ohio · Mar 9, 2020

Finally, in 2005 Congress amended the statute to include “any other educational loan that is a qualified educational loan as defined in [the Internal Revenue Code].” … Clearly, under this broad definition, the support from Plaintiff’s parents would be included as CMI.

Bradley Park Axline and Meredith Axline

United States Bankruptcy Court, N.D. Texas · Jun 15, 2020

payable after the date the petition is filed; and (ii) for charitable contributions (that meet the definition of “charitable contribution” under section 548(d)(3)) to a qualified … leases and the Certificates of Title attached in support clearly identify Toyota Lease Trust (not either of the Debtors) as the owner of the vehicles.96 Moreover, the Debtors themselves have treated the Lexus vehicle leases

O.W. Bunker Holding North America Inc. and O.W. Bunker USA Inc.

United States Bankruptcy Court, D. Connecticut · Aug 26, 2019

This right will, however, be qualified by any *lien the bailee may have over the goods. Bailment exists independently of contract. … According to the UK Supreme Court, The qualification clearly reflects a reality. Bunker suppliers know that bunkers are for use.

O.W. Bunker Holding North America Inc. and O.W. Bunker USA Inc.

United States Bankruptcy Court, D. Connecticut · Aug 19, 2019

This right will, however, be qualified by any *lien the bailee may have over the goods. Bailment exists independently of contract. … According to the UK Supreme Court, The qualification clearly reflects a reality. Bunker suppliers know that bunkers are for use.

Kevin Anderson

United States Bankruptcy Court, D. Massachusetts · Sep 4, 2019

As suggested by the enacting legislation’s title, “Giving Debtors the Ability to Keep Leased Personal Property by Assumption,” § 365(p) confers a benefit upon consumer debtors by establishing a simple mechanism for debtors … Div. 167 (1994) held that the car lease in that case did not qualify as a retail installment contract under Mass. Gen. Laws ch. 255B, § 1. See also, Aguiar v. Santander Consumer USA Inc., No.

MANUEL MEDIAVILLA INC

United States Bankruptcy Court, D. Puerto Rico · Jun 16, 2015

classes are subdivided to clearly identify and treat the corporate claims and the individuals’ 1 2 claims separately. … ” specifically identified by the court that establish that such 14 relief is not in the best interests of creditors and the estate, that there is

Frontier Communications Corporation

United States Bankruptcy Court, S.D. New York · Jan 23, 2025

Once knowledge of direct infringement is established, either prong—inducement or material contribution—is sufficient to establish liability. See Faulkner v. Nat’l Geographic Soc’y, 211 F. … It is true that numerous cases in this Circuit have found that, in the copyright context, a cease-and-desist letter triggers a duty to preserve, especially when the content of that cease-and- desist clearly indicated that

Bach v. Cabot

United States Bankruptcy Court, S.D. Florida. · Aug 3, 2022

Creditors must establish both elements by a preponderance of the evidence. Grogan v. Garner, 498 U.S. 279, 286 (1991). … Thankfully, the State Court clearly articulated the specific legal and factual bases for Bach’s damage award. B.

In re: Manuel Mediaviavilla, Inc.; In re: Manuel Mediavilla & Maydin G. Melendez

United States Bankruptcy Court, D. Puerto Rico · Jun 16, 2015

classes are subdivided to clearly identify and treat the corporate claims and the individuals’ 1 2 claims separately. … ” specifically identified by the court that establish that such 14 relief is not in the best interests of creditors and the estate, that there is

In Re Bloomingdale Partners

155 B.R. 961 · United States Bankruptcy Court, N.D. Illinois · Jun 7, 1993

The appropriate treasury bond will be used to establish the risk-free rate. Id. at 446 . … With respect to the first mortgage loan, if this were the only loan, the parties should agree that it would qualify as a relatively high grade loan.

In re Gomes

591 B.R. 68 · United States Bankruptcy Court, N.D. Oklahoma · Sep 4, 2018

On May 11, 2017, Gallon executed an Accounts Receivable Assignment Agreement (the "AR Agreement"), in which he established a factoring arrangement with BK Billing. 7 The AR Agreement set up a mechanism where Gallon would … (holding that consumer debtors' attorneys qualify as "debt relief agencies," as defined in § 101(12A), and are therefore subject to §§ 526-528). § 526 (as amended by Bankruptcy Technical Corrections Act of 2010, Pub.

Crawford v. Zambrano (In re Zambrano Corp.)

478 B.R. 670 · United States Bankruptcy Court, W.D. Pennsylvania · Sep 17, 2012

EZIII was clearly on both sides of these transactions. The evidence shows that EZIII appreciated, accepted, and retained the benefits that the Debtor conferred on the Affiliated Entities. … A To prevail under a fraudulent transfer claim pursuant to 11 U.S.C. § 548 , the $150,000 transfer to Hillcrest must qualify as a “transfer” within the meaning of 11 U.S.C. § 548 .

Thomas v. Kologik, LLC

United States Bankruptcy Court, M.D. Louisiana · Apr 3, 2025

Jones’ qualifying language shows that the debt schedule was not finalized, and Thomas submitted no evidence that it was ever finalized or what the terms of repayment would be. … To the extent Kologik seeks summary judgment denying all attempts to establish a contractual claim for attorneys’ fees, the motion is denied. C.

In Re marchFirst, Inc.

448 B.R. 499 · United States Bankruptcy Court, N.D. Illinois · Apr 11, 2011

CIT cites no authority establishing such a creature, and no court appears ever to have held there is one. Second, the materials on which CIT relies would not qualify as informal proofs of claim in any event. … Q at 6) ("[T]he court will not go through the exercise of determining whether CIT has a prima facie case [for purposes of Barton J because the proceeding is clearly barred by the statute of limitations.").

HRN Group, LLC

United States Bankruptcy Court, N.D. Georgia · Nov 13, 2019

The Court notes that Wilmington established a colorable claim to the property and the right to foreclose. … “Under the doctrine of judicial immunity, therefore, there is no colorable basis for the lawsuit.” Id.

The Babcock & Wilcox Company v. Philadelphia Energy Solutions Refining and Marketi

United States Bankruptcy Court, E.D. Louisiana · May 16, 2025

Further, testimony in the form of an opinion from a lay witness is limited to an opinion that is “(a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to determining … As further explained by a Magistrate Judge in this District recently: Courts generally recognize that Rule 30(b)(6) establishes the minimum about which the witness must be prepared to

Motors Liquidation Co. Avoidance Action Trust ex rel. Wilmington Trust Co. v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Co.)

576 B.R. 325 · United States Bankruptcy Court, S.D. New York · Sep 26, 2017

A letter to the court is not listed as a document that qualifies as a pleading. … The' adaptation prong of the three-part test has clearly been met for all three presses.

In re: NRAD Medical Associates, P.C.

United States Bankruptcy Court, E.D. New York · May 29, 2026

Shareholders are futile because they cannot plead or establish fraud. See Debtor’s Mem. of Law in Opp. at 11-25 [Dkt. No. 680]. … This Court is “undoubtedly the best qualified” to interpret the Plan, its own Confirmation Order and any other orders or documents in the Debtor’s bankruptcy case.

Ryan K. Wolfson - Adversary Proceeding

United States Bankruptcy Court, D. Delaware · Jan 14, 2022

Defendants did not argue Wolfson would qualify for either benefit. 4 Transcript 11:17-25. “4 Transcript 12:8-15, 4 See eg. Transcript 24:2-5; 35:16-18. … This is clearly the case at present given that he is unemployed and has no income, and I am satisfied by Wolfson’s efforts to maximize his mcome.

Cruz

United States Bankruptcy Court, S.D. Georgia · Mar 12, 2026

And at the October 9, 2025 hearing, the Trustees’ counsel stated that “this is clearly a case about defalcation.” (10/9/2025 Hearing, 12:47-12:48 p.m.). … Hemmeter (In re Hemmeter), 242 F.3d 1186, 1190 (9th Cir. 2001) (“ERISA satisfies the traditional requirements for a statutory fiduciary to qualify as a fiduciary under § 523(a)(4)” because ERISA duties