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  • Official Committee of Unsecured Creditors v. LG Funding, LLC

    United States Bankruptcy Court, D. Nebraska · Nov 9, 2018

    With regard to the first factor – document language and party conduct – the document clearly states it was a sale and not a loan, and there is no evidence the parties operated to the contrary. … Even first-time transactions can qualify. See Wood v. Stratos Prod. Dev., LLC (In re Ahaza Sys.

    Cited 0 timesUnknown
  • Henry v. Casey

    United 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
  • Viscount Air Services, Inc. v. Cole (In Re Viscount Air Services, Inc.)

    232 B.R. 416 · United States Bankruptcy Court, D. Arizona · Oct 28, 1998

    The value of the transferred assets is established as of the date that the transfers put the assets beyond the reach of creditors. … The court agrees, and has so found. (2) The Trustee did not establish the elements of Ariz.Rev.Stat. § 1005.

    Cited 20 timesPublished
  • Brown v. Hudson

    United States Bankruptcy Court, E.D. California · Jul 9, 2021

    Actions taken in bankruptcy proceedings may 11 qualify as enforcement proceedings subject to C.C.P. § 685.040. 12 Jaffe … The reference to the 4 previous agreement here was clearly stated in the Settlement 5 Agreement.

    Cited 0 timesUnknown
  • In re: Viviana Perez Hernandez; In re: Rafael Rodriguez Flores; In re: Ada Y. Ortiz Vega; In re: Virgilio Ortiz Rodriguez; In re: Israel Rivera Delgado

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • IRVING LUGO GARCIA

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • VIRGILIO ORTIZ RODRIGUEZ

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • JEANETTE ANDUJAR CUMBA

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • Viviana Perez Hernandez; Rafael Rodriguez Flores; Ada Y. Ortiz Vega; Virgilio Ortiz Rodriguez; Israel Rivera Delgado

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • VIVIANA PEREZ HERNANDEZ

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • In re: Viviana Perez Hernandez; In re: Rafael Rodriguez Flores; In re: Ada Y. Ortiz Vega; In re: Virgilio Ortiz Rodriguez; In re: Israel Rivera Delgado

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • Viviana Perez Hernandez; Rafael Rodriguez Flores; Ada Y. Ortiz Vega; Virgilio Ortiz Rodriguez; Israel Rivera Delgado

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • In Re Harris Agency, LLC

    451 B.R. 378 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 3, 2011

    It is well established that the disclosure requirements are not discretionary; that is, “[t]he professional cannot pick and choose which connections to disclose.” … The Court notes that Winterhalter, instead of assisting the Debtor in obtaining new counsel, essentially ignored the Disqualification Order-which clearly and immediately disqualified the Firm in this case as of May 10, 2010

    Cited 6 timesPublished
  • Farinash v. Henry, Jr.

    United 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
  • In re: Viviana Perez Hernandez; In re: Rafael Rodriguez Flores; In re: Ada Y. Ortiz Vega; In re: Virgilio Ortiz Rodriguez; In re: Israel Rivera Delgado

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • In re: Viviana Perez Hernandez; In re: Rafael Rodriguez Flores; In re: Ada Y. Ortiz Vega; In re: Virgilio Ortiz Rodriguez; In re: Israel Rivera Delgado

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • Viviana Perez Hernandez; Rafael Rodriguez Flores; Ada Y. Ortiz Vega; Virgilio Ortiz Rodriguez; Israel Rivera Delgado

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • Viviana Perez Hernandez; Rafael Rodriguez Flores; Ada Y. Ortiz Vega; Virgilio Ortiz Rodriguez; Israel Rivera Delgado

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • Viviana Perez Hernandez; Rafael Rodriguez Flores; Ada Y. Ortiz Vega; Virgilio Ortiz Rodriguez; Israel Rivera Delgado

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown
  • ELIZABETH ONEILL GOMEZ

    United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

    It is the judiciary, not the legislative branch, who can 7 || interpret laws on cases and controversies and only the judiciary can qualify as “erroneous” a final 8 || judicial determination through appellate review. … In addition, the Hayward bankruptcy court 16 || retroactively applied the amendment because to conclude otherwise “would defeat the clearly 17 || evident intention of the New York State Legislature”. Id. at 46.

    Cited 0 timesUnknown

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