Case law

In Re Linda Vista Cinemas, L.L.C.

442 B.R. 724 · United States Bankruptcy Court, D. Arizona · Nov 24, 2010

Sanders was called by the Debtor as its expert on market rates, and was so qualified. His credentials, as well as his report, were placed in evidence as Ex. 7. Mr. … Also, where Congress has limited the powers of the bankruptcy court, it has done so clearly — for example, by expressly limiting the court’s power, see 11 U.S.C. § 105 (b) (“[A] court may not appoint a receiver in a case

Adelphia Communications Corporation v. U.S. Specialty Insurance Company

United States Bankruptcy Court, S.D. New York · Mar 17, 2022

“The party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish [the movant’s] right to judgment as a matter of law.” … Thus, when an insurer seeks to restrict coverage, the limitation must be clearly expressed. . . .

LaVie Care Centers, LLC

United States Bankruptcy Court, N.D. Georgia · Dec 5, 2024

The Mediation commenced on September 9, 2024. 13 Although a broad marketing process was conducted by their agent, the Debtors did not receive any qualified bids by the stated deadline of September 5, 2024, and the proposed … The Supreme Court went on to say: “nor do we have occasion today to express a view on what qualifies as a consensual release….” 144 S.Ct. at 2088.30 That is the question this Court has occasion to address in this Memorandum

Happy Hollow Ranch, LP v. Howley

United States Bankruptcy Court, N.D. Texas · Feb 2, 2024

The test clearly still applies to assessing the requirements for false representations. The first two elements regarding the latter are a false representation and knowledge of its falsity. … On this point, Defendant placed himself in a qualifying fiduciary position by his own hand—he cannot wash himself clean now.

In Re Manalad

360 B.R. 288 · United States Bankruptcy Court, C.D. California · Jan 25, 2007

The Court continued its reasoning and adopted a bright line test, holding that: If the Legislature clearly states that a threshold limitation on a statute’s scope shall count as jurisdictional, then courts and litigants will … Thus, the Court views the criteria established by 11 U.S.C. § 109 as jurisdictional.

Despins v. HCHK Technologies, Inc.

United States Bankruptcy Court, D. Connecticut · Jan 5, 2024

of the litigation but, under limited circumstances, parties with only a legal interest may also qualify as parties in interest. … Zhang was clearly not competent to testify as GWGOPNZ’s Rule 30(b)(6) representative.

Bank of New York Mellon v. Jefferson County (In re Jefferson County)

474 B.R. 725 · United States Bankruptcy Court, N.D. Alabama · Jun 29, 2012

One is section 224 of the Alabama Constitution, as amended by Amendment 342, which establishes a debt ceiling for counties in Alabama. … This leaves determining what is considered the sort of pledge of special revenues that is immune from application of 11 U.S.C. § 928 (b)’s subordination.

CM Biomass Partners A/S v. Vieira

United States Bankruptcy Court, D. South Carolina · Jul 6, 2023

No parties, other than CMB, submitted qualifying bids. … This principle only applies, however, if all facts necessary to the affirmative defense “clearly appear[ ] on the face of the complaint.” Richmond, Fredericksburg & Potomac R.R. v.

Westlake Property Holdings, LLC

United States Bankruptcy Court, N.D. Illinois · Sep 24, 2019

It is empowered with establishing “an orderly and comprehensive NR maintain the Hospital for at least two years. … The resulting financial distress indicates that seeking bankruptcy relief is clearly in the interest of not only the Debtors, but also their creditors.

Solow v. Northwest Airlines, Inc. (In Re Midway Airlines, Inc.)

180 B.R. 851 · United States Bankruptcy Court, N.D. Illinois · Mar 10, 1995

In order to establish an implied waiver, the party claiming the existence of the waiver must prove that the other party clearly, unequivocally, and decisively acted to waive the conditions. … Accordingly, to qualify under these exceptions, Midway must establish either (1) that Northwest intentionally made a false representation (which essentially encompasses the tort of fraudulent misrepresentation) or (2) that

Celsius Network LLC

United States Bankruptcy Court, S.D. New York · Oct 24, 2022

Finally, the Texas Objection asks that the Debtors add information to the bidding procedures providing for the sharing of the qualified bidders on a confidential basis with regulators and asks that Texas be granted “listen-only … The Debtors seek to limit successor liability and have noted that clearly in their Sale Notice, as required by the guidelines. (Guidelines § I. D.16.)

Michaelson v. L.A. Downtown Medical Center LLC

United States Bankruptcy Court, D. Delaware · May 1, 2024

The Court “may not grant the motion unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” Id. … deferred obligations in a note providing for nine semi-annual payments of $900,000, plus applicable interest.10 In December 2018, the Court entered the bid procedures order.11 The debtors did not receive other qualified

Maria A Karpuleon

United States Bankruptcy Court, C.D. Illinois · Dec 6, 2024

Even without her admission, the timing of each of the four petitions clearly establishes that her bankruptcies were intended to delay foreclosure proceedings. … As explained below, the Bank has met its initial burden of establishing that the latest petition was filed as part of a scheme to delay or hinder the Bank.

Riley v. Tencara, LLC (In Re Wolverine, Proctor & Schwartz, LLC)

447 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Jan 21, 2011

(“WPS, Inc.”), “for use by prospective qualified acquirers ... in connection with their preliminary consideration of an acquisition of the Company....” … The fixing of the lower limit is the elusive boundary which cannot be clearly defined.

Maria A Karpuleon

United States Bankruptcy Court, C.D. Illinois · Dec 6, 2024

Even without her admission, the timing of each of the four petitions clearly establishes that her bankruptcies were intended to delay foreclosure proceedings. … As explained below, the Bank has met its initial burden of establishing that the latest petition was filed as part of a scheme to delay or hinder the Bank.

King v. Skolness

United States Bankruptcy Court, N.D. Georgia · Oct 14, 2020

King qualifies as a control person under § 80A.76(g)(1) and as a person who can be liable under Minn. Stat. § 80A.76(g)(2). … An ordinary business relationship does not qualify as a technical trust.

Ahmed Husain Zubair

United States Bankruptcy Court, S.D. New York · Oct 26, 2021

A district court reviews a bankruptcy court’s conclusions of law de novo and its findings of fact under a clearly erroneous standard. … It is clear from the record that Fay Servicing qualifies as a “party in interest” that may seek relief from the automatic stay under Section 362(d).

S-Tek 1, LLC

United States Bankruptcy Court, D. New Mexico · Jun 13, 2022

The Court qualified Jeramiah Grant as an expert to testify about the value of Debtor’s assets and admitted his expert report in evidence as Exhibit 1 (the “Grant Report”). Mr. … Clearly, it is worth substantially more than zero. Based on the testimony, the Court is also persuaded that Debtor is not using the archived survey database to its full potential.

Sonja Nicolle Colbert

United States Bankruptcy Court, N.D. California · Nov 30, 2022

The party seeking 4 fees bears the burden of "'establishing entitlement to an award and documenting the 5 appropriate hours expended and hourly rates.'" Christian Research Inst. v. … All 3 expenses incurred on the common issues qualify for an award.

In re: Asbestos Corporation Ltd.

United States Bankruptcy Court, S.D. New York · Oct 30, 2025

Additionally, the Asbestos Parties argue that the CCAA proceeding does not qualify as a foreign nonmain proceeding as ACL lacks an “establishment” in Canada. … ACL Has an Establishment in Canada While a finding of establishment in Canada is not necessary if ACL has its COMI in Canada, as the Court has found, ACL does have an establishment in Canada