Case law
Opinions from 1658 to today.
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Delaware Trust Co. v. Wilmington Trust, N.A. (In re Energy Future Holdings Corp.)
566 B.R. 669 · United States Bankruptcy Court, D. Delaware · Apr 27, 2017
First, DTC asserts that the Collateral Agent exercised remedies because the “New Plan and the Security Documents qualify the receipt of Collateral or its proceeds in-and-of itself as an exercise of remedies within the meaning … In Momentive, Judge Drain held: Very clearly, however, a secured creditor is not getting the proceeds of its collateral when it gets stock in the reorganized entity, unless, of course, that stock was paid by a third-party
Cited 3 timesPublishedUnited States Bankruptcy Court, E.D. Missouri · Mar 23, 2020
Multiple courts find it “well established that writings with pertinent omissions” may be materially false for purposes of § 523(a)(2)(B). In re McCleary, 284 B.R. 876, 886 (Bankr. N.D. … False Representation “To qualify as a false representation or false pretenses under § 523(a)(2)(A), the statement must relate to present or past fact.”
Cited 0 timesUnknownState of Oregon, Department of Human Services v. Hutchins
United States Bankruptcy Court, D. Oregon · Mar 23, 2021
It is well established that bankruptcy courts do not possess a roving commission to do equity. … Having found that the evidence establishes an intentional omission, I turn next to Ms.
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. North Carolina · Sep 30, 2019
In exchange for PACA’s protection, sellers of perishable commodities must comply with PACA’s requirements to show that they qualify as short-term creditors. See Am. … A bankruptcy court abuses its discretion “Sf it bases its decision on an erroneous view of the law or clearly erroneous factual findings.”
Cited 0 timesUnknown589 B.R. 76 · United States Bankruptcy Court, N.D. Texas · Aug 21, 2018
Gianardi clearly and unequivocally waived any argument that this court lacks personal jurisdiction over her. 199 Ms. … Greenlight Capital Qualified, L.P., No. 08-00801, 2008 WL 2224897 , at *2-3 (Bankr. D. Neb.
Cited 10 timesPublishedUnited States Bankruptcy Court, D. Connecticut · Jul 26, 2023
Even though Hubbell was a case involving immunity granted to a party where the scope of the production was known and the burden had shifted to the prosecution, it may be similarly necessary for the Individual Debtor “to … In addition to the Supreme Court, the Second Circuit has also clearly rejected the Individual Debtor’s assertion: “[T]he required records doctrine is an exception to the Fifth Amendment privilege.
Cited 0 timesUnknownP.R. Electric Power Authority v. Helen Quiñones de Jesús
United States Bankruptcy Court, D. Puerto Rico · Apr 8, 2022
The phrase “while acting in a fiduciary capacity” 14 clearly qualifies the words “fraud or defalcation” and not “embezzlement” or “larceny.” … Larceny requires the establishment of the debtor's 4 actual fraudulent intent in obtaining the property at issue.
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Illinois · Sep 11, 2026
Though clearly not filed by agreement, it also contained six paragraphs of “stipulated” facts. Id. at 3. … The evidence clearly demonstrated that the Loan was a distressed one. The extraordinarily high interest rate is just one factor.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Sep 5, 2025
The passage partly quoted by Fonz states, in full, as follows: Clearly, § 727 imposes an extreme penalty for wrongdoing. … E.D.N.Y. 1996) (“The law is clear that writings containing pertinent omissions may qualify as 33 Those are loans from Frears, Frears & Yellin, Gersten, Orans and Lilling.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. New Jersey · Nov 24, 2025
These are all well established, recognized standards for permissible abstention…. … The Debtor argues that Claim 5-1 fails to show that BNYM lawfully holds the note and mortgage or acquired them before default to qualify as a secured creditor. Id. at ¶ 7.
Cited 0 timesUnknownCamino Real Regional Mobility Authority v. Ingalls
United States Bankruptcy Court, W.D. Texas · Dec 23, 2024
of the Contract is that Article 5L.1 (“Authority of Engineer”), located as it is within the Item 5L (“Control of Work”), is focused on entrusting broad control of the day-to-day operations of the project to the qualified … Absent such procedures being established (as in this case), the claim must simply be resolved by the courts.
Cited 0 timesUnknownDundon Capital Partners LLC v. Ebersol
United States Bankruptcy Court, W.D. Texas · Mar 3, 2025
To establish that there is no genuine issue as to any material fact, the movant must either submit evidence that negates the existence of some element of the non-moving party’s claim or defense. Little v. … Tex. 2022) (identifying various actors that qualify as a seller under the TSA even though they are not “the person who actually passes title to the security”).
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. Pennsylvania · Aug 26, 2026
The Debtors Are Not Collaterally Estopped from Prosecuting the Motions A party asserting the preclusive effect of a prior federal ruling must establish that: (1) the issue to be precluded is identical to one involved … Plush qualify as experts under Federal Rule of Evidence 702. The Court finds both appraisers to be well qualified; their testimony was credible and elucidating. Moreover, the Appraisals are both state of the art.
Cited 0 timesUnknownSharpe v. Wells Fargo Home Mortgage (In Re Sharpe)
391 B.R. 117 · United States Bankruptcy Court, N.D. Alabama · May 29, 2008
While deficient in some ways, it clearly told the plaintiffs that the defendant believed that the plaintiffs were in default. … The evidence discussed above clearly demonstrates that not only did they not have a credit in August 2003, they were in arrears by one month.
Cited 9 timesPublished532 B.R. 494 · United States Bankruptcy Court, D. Delaware · May 12, 2015
The MRDA, a tax document, was clearly not meant to, nor does it even purport to, govern inter-company allocation of the proceeds from liquidated Nortel assets. … The basic principles of contractual interpretation were clearly and concisely set out by the Ontario Court of Appeal in Salah v.
Cited 1 timesPublishedUnited States Bankruptcy Court, D. Delaware · Jun 6, 2024
The debtors’ argument that the fees may be paid relies on paragraph 17 of the DIP Order, which is the provision that establishes the carve out. … clearly provides that as between the beneficiaries of the carve out and the DIP lender, the repayment of the DIP loans is subordinated to the carve out.
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Alabama · May 5, 2026
Baker, Managing Partner of Aurora Management Partners Inc., other factors such as “the national impact of the COVID-19 pandemic . . ., high inflation, increased borrowing rates, and an increasingly limited qualified labor … From the evidence before it, this Court cannot conclude that Plaintiff (or JG Coastal) established any liability of the Purchaser nor did Plaintiff establish any entitlement to enforce the Development Agreement against
Cited 0 timesUnknownPremier Holdings of Georgia, LLC v. RRG of Jacksonville, LLC
United States Bankruptcy Court, N.D. Alabama · May 5, 2026
Baker, Managing Partner of Aurora Management Partners Inc., other factors such as “the national impact of the COVID-19 pandemic . . ., high inflation, increased borrowing rates, and an increasingly limited qualified labor … From the evidence before it, this Court cannot conclude that Plaintiff (or JG Coastal) established any liability of the Purchaser nor did Plaintiff establish any entitlement to enforce the Development Agreement against
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Kansas · Oct 19, 2021
avoidance action was unreasonable). 15 However, our analysis is not so cribbed, because other provisions of the Bankruptcy Code, as well as pre-Code practice, clearly … Noyes In re STN Enterprises), 779 F.2d 901, 904 (2d Cir. 1985) (“Most bankruptcy courts that have considered the question have found an implied, but qualified, right for creditors’ committees to initiate adversary proceedings
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. Tennessee · Mar 31, 2022
A deeper analysis of the § 551 issue and the happenings in this case would clearly show that Henry has no secured lien. … the lien); Phillips, 2008 WL 836161, at *10 (“[W]e find that the filing of [a fraudulent deed to a disputed driveway] was not a part of a judicial proceeding so as to clothe the statements made in the deed with absolute immunity
Cited 0 timesUnknown
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