Case law
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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.
Cited 0 timesUnknownIn re: Asbestos Corporation Ltd.
United States Bankruptcy Court, S.D. New York · Oct 29, 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
Cited 0 timesUnknownIndustrial Development Authority of the Town of Fr v. Poe
United States Bankruptcy Court, E.D. Virginia · Jul 5, 2023
He believed he was signing documents ostensibly to begin the process of qualifying for a zero percent home loan as a first- time buyer.29 He did not think he was borrowing money to purchase a specific property.30 He … The Exhibits clearly show that $285,000 of Agency funds were used to purchase property for the benefit of McDonald and Poe.
Cited 0 timesUnknownIn Re Red Mountain MacHinery Co.
448 B.R. 1 · United States Bankruptcy Court, D. Arizona · Apr 14, 2011
Although as a financial analyst he may have been qualified to opine that the contributions are neither new nor money’s worth, he expressed no opinion on those issues. Based on the uncontroverted testimony of Mr. … Gonzales’ Declaration, which is in evidence, establishes that the Debtor’s cash position as of March 22, 2011 was $522,000.
Cited 6 timesPublishedUnited States Bankruptcy Court, N.D. Texas · Jul 20, 2023
Therefore, based on the arguments advanced by Plaintiff and the summary judgment record in this case, the Court hereby finds that PIRTEK’s interest in preserving customer goodwill qualifies as a legitimate business interest … Lager’s statements clearly demonstrate that Mr. Lager intended to harm PIRTEK’s reputation by breaching the Second Settlement. The summary judgment record is replete with evidence of numerous instances of Mr.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Utah · Apr 22, 2021
In re Woods, 743 F.3d 689, 705 (10th Cir. 2014) (placing the burden of establishing Chapter 12 eligibility on the debtor); In re Hamilton Creek Metro. … Thus, by the time the debtors elected Subchapter V, they clearly were no longer engaging in any business or commercial activities related to the Defunct Companies.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Nov 18, 2024
Green as Co-Mediators and Establishing Terms and Conditions of Mediation [ECF No. 6906]. … In any event, the Court finds that the Committee is clearly in a better position to pursue the estate claims than a Chapter 11 trustee.
Cited 0 timesUnknownPADCO Energy Services, LLC v. Case Energy Services, LLC
United States Bankruptcy Court, W.D. Louisiana · Nov 8, 2019
Case must look to other provisions in § 4862(A) to establish a lien under LOWLA. … Without more, these facts do not establish a lien in favor of Case.
Cited 0 timesUnknown534 B.R. 276 · United States Bankruptcy Court, S.D. Texas · Jul 27, 2015
Plaintiffs have failed to establish by a preponderance of the evidence that Defendants are liable for breach of contract. … The Small Business Act empowers the SBA to "make loans to any qualified small business concern ... for the purposes of this chapter.
Cited 2 timesPublishedBledsoe III, Trustee v. Flamingo Properties, LLC
United States Bankruptcy Court, E.D. North Carolina · Sep 23, 2021
Section 6901(a)(1)(A)6 of the IRC establishes a procedure for tax collection, authorizing the collection of “[t]he liability, at law or in equity, of a transferee of property. . . of a taxpayer.” 26 U.S.C. § 6901(a)(1)( … to set aside transfers, it did not necessarily follow that by standing in the shoes of the IRS that the trustee was immunized from state statutes of limitations. Id.
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Ohio · Apr 17, 2020
The Lally Loan Proceeds, as loan proceeds, qualify as a “cognizable ownership interest” as measured against this spectrum. … Nevertheless, while not clearly defined, there is some limitation to the temporal proximity element of Section 727(a)(5).
Cited 0 timesUnknown219 B.R. 22 · United States Bankruptcy Court, S.D. New York · Mar 9, 1998
Fong was “uniquely qualified” to perform the task. … Some courts have declined to reduce or disallow the conflicted professional’s expenses if they clearly bene-fitted the estate. See, e.g.
Cited 68 timesPublishedDRO 15R LLC v. Ajar Holdings, LLC
United States Bankruptcy Court, S.D. Florida. · Sep 30, 2022
DRO argues that since the DRO Quit Claim Deed mentions the transfer is for consideration, that is sufficient to establish consideration. … Therefore, AJAR does not qualify as a bona fide purchaser without notice, and its intervening interest is not a bar to relief, if relief was otherwise available.
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Georgia · Apr 5, 2024
Day qualified as an “assisted person” under 11 U.S.C. … Day qualified as an “assisted person” under the Code, and Attorney Kakol’s Law Firm qualified as a “debt relief agency”.
Cited 0 timesUnknownIn re: Merit Street Media, Inc.
United States Bankruptcy Court, N.D. Texas · Nov 18, 2025
Consequently, we hold that the bankruptcy court’s findings of fact are not clearly erroneous.”). … The first layer of protection is the Chapter 7 trustee—selected from a panel of qualified trustees by the United States Trustee—who must exercise sound business judgment and obtain fair and reasonable results when
Cited 0 timesUnknownIn re: Jordan Reese Clark and Kadri Clark
United States Bankruptcy Court, E.D. North Carolina · Dec 1, 2025
The court’s approach in Curcio therefore aligns with the Supreme Court’s definition of “income” as “undeniable accessions to wealth, clearly realized, and over which the taxpayer has complete dominion.” Id. … In addition, as detailed above, the Clarks’ Official Form 122A-1 established Mr.
Cited 0 timesUnknownAvion Funding, LLC v. GFS Industries, LLC
United States Bankruptcy Court, W.D. Texas · Nov 10, 2022
Third, corporate debtors proceeding under Chapter 11 historically have been immune to dischargeability actions under § 523(a). … As the court in In re Lapeer Aviation, Inc. observed, “the first sentence of § 523(a) clearly limits the denial of discharge to ‘an individual debtor.’” 2022 WL 1110072 at *2.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Colorado · Feb 28, 2024
Hicks indicated, the borrowers that come to PineTree and Shopneck do not qualify for traditional financing. … Furthermore, very clearly, RL, the “prior owner,” had defaulted on the Promissory Note in 2022 after struggling to make timely and complete payments.
Cited 0 timesUnknownKevin Livingston and Freida Livingston
United States Bankruptcy Court, D. Delaware · Mar 29, 2022
Some was clearly legal in nature; other testimony was based on Mr. Cooke’s own experience with his TSP Joan. … I agree that Debtors have the burden to show special circumstances to rebut a presumption of abuse once it is established. I need not characterize this burden; it is spelled out in the statute itself.
Cited 0 timesUnknownUnited States Bankruptcy Court, C.D. California · Jun 24, 2020
more egregious than what 2 DeNoce is being accused of. 3 For a year and a half, Neff wasted everyone’s time and money through two chapter 13 4 cases for which he did not qualify … DeNoce clearly intended to make Neff 8 pay the maximum in attorney fees and to disrupt his life by keeping the litigation going. 9 He was punishing Neff for the damage that Neff did to him. 10 Although
Cited 0 timesUnknown
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