Case law
Opinions from 1658 to today.
7,439 results
0.40s
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 timesUnknownUnited 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 timesUnknownTransCare Corporation - Adversary Proceeding
United States Bankruptcy Court, S.D. New York · May 7, 2020
establish an interrelation of operations.” … Moreover, the FLSA’s broad definition of “employ”55 expands the meaning of “employee” to cover parties who “might not qualify as such under a strict application of traditional agency law principles in order to effectuate
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. Michigan · Jun 21, 2024
Even under this assumption, the Defendants have not established any right to contribution from the Debtor. … As a result, the Defendants clearly have no claim for contribution under Michigan law. 6.
Cited 0 timesUnknownLATAM Airlines Group S.A., et al.
United States Bankruptcy Court, S.D. New York · May 19, 2023
Response ¶ 30; see also id. ¶ 3 (stating that the Noteholder Claims “are prima facie valid, and each of [the Post-Default Charges] is clearly and indisputably provided for in the Debt Instruments.”). … In this Circuit, to qualify as an informal proof of claim, a document purporting to evidence such a claim must: (i) be timely filed with the bankruptcy court and become part of the judicial record; (ii) state the existence
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. Washington · Jul 8, 2021
Reis, she clearly advised me that they 10 really don’t live [at the Battle Ground Property] and only go to the property when needed. … Although they were more than qualified 16 for a loan modification, the breach of the contract by the [Reises] was unjustified or unexcused given the representations to [Ms.
Cited 0 timesUnknownWilliams v. McGreevey (In Re Touch America Holdings, Inc.)
401 B.R. 107 · United States Bankruptcy Court, D. Delaware · Feb 3, 2009
The rationale for establishing Touch America as a new Delaware holding company in place of Montana Power was that such action would allow the enterprise to divest its energy assets with better tax treatment and fewer regulatory … However, the gravaman of the complaint and the injury claimed — loss of stock value — is clearly an injury to the corporation.
Cited 14 timesPublishedUnited States Bankruptcy Court, E.D. Missouri · Jan 17, 2020
Section 362(b)(2)(A) only applies to (1) the establishment of paternity; (2) the establishment or modification of an order for domestic support obligations; (3) child custody or visitation; (4) dissolution of a marriage … The Court takes judicial notice of its own record, which clearly establishes the Debtor had other debts to marshal.
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. Missouri · Jan 27, 2020
Section 362(b)(2)(A) only applies to (1) the establishment of paternity; (2) the establishment or modification of an order for domestic support obligations; (3) child custody or visitation; (4) dissolution of a marriage … The Court takes judicial notice of its own record, which clearly establishes the Debtor had other debts to marshal.
Cited 0 timesUnknownNilhan Developers, LLC v. Glass, Solely as Trustee of the Bankruptcy Estate
United States Bankruptcy Court, N.D. Georgia · May 19, 2021
It is established law that a confirmation order satisfies “the requirements of a judgment that can be given [preclusive] effect.” … There is no merger where the intention of the parties to avoid merger is clear or where the provisions are clearly collateral.
Cited 0 timesUnknownBYJU's Alpha, Inc. v. Camshaft Capital Fund, LP
United States Bankruptcy Court, D. Delaware · Feb 27, 2025
Camshaft argues that none of the Camshaft defendants qualifies as an initial transferee with respect to the Transfers. … Camshaft clearly has a legal interest in the matters at issue in Count VIII of the Complaint, even if it chooses not to take action with respect to that interest at this time.
Cited 0 timesUnknownUnited States Bankruptcy Court, C.D. California · Mar 3, 2026
Inc., 375 F.3d 922, 925 (9th Cir. 2024) ("We review the district 8 court’s factual findings for clear error and, if those findings are not clearly … Under oath, Debtor previously represented 16 that she: (1) owned the Wilkinson Avenue Property; (2) was qualified to offer an opinion about 17
Cited 0 timesUnknownGonzales v. AB Real Estate, LLC
United States Bankruptcy Court, N.D. Texas · May 30, 2025
The Trustee argued that Rae is not a qualified appraiser and that his “unhelpful” opinions about the valuation of the 29th Street Wisconsin Property and about real estate transfers in general must be excluded. … summary judgment, “the trial court has broad discretion to rule on the admissibility of the expert’s evidence” and “may inquire into the reliability and foundation of any expert's opinion[,]” and if the “expert’s opinion is clearly
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. California · Nov 16, 2021
on essential issues relevant to claims on promissory note and deed of 10 trust, was not neutral in litigation, and did not limit itself to defending against damage claims based in tort; moreover, trustee's immunity … related to the loan since August 2019 through 15 December 2020. 16 As addressed above, Proof of Claim 2-1 suffers from shortcomings and some clearly
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. California · Nov 16, 2021
on essential issues relevant to claims on promissory note and deed of 15 trust, was not neutral in litigation, and did not limit itself to defending against damage claims based in tort; moreover, trustee's immunity … related to the loan since August 2019 through 21 December 2020. 22 As addressed above, Proof of Claim 2-1 suffers from shortcomings and some clearly
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. New York · Sep 20, 2021
That result is not consistent with what should clearly be a shared goal – the prosecution of claims in a manner consistent with maximizing the value of the bankruptcy estate for all creditors, not just one or a select … Commodore constitutes an expansion of STN Enterprises in which the Second Circuit held that creditors’ committees have a qualified right to initiate suit with approval of the bankruptcy court “when the trustee
Cited 0 timesUnknownBody Transit, Inc. D/B/A Rascals Fitness
United States Bankruptcy Court, E.D. Pennsylvania · Aug 7, 2020
companies that provide a reasonable basis for comparison to the relevant characteristics of the company being valued and various quantifiable facts,” after which “derived ratios are applied to the subject company in order to establish … Section 1111(b)’s use of the adjective “inconsequential” to modify the noun “value” clearly implies that the interest contemplated does not have to be zero.
Cited 0 timesUnknownBody Transit, Inc. D/B/A Rascals Fitness
United States Bankruptcy Court, E.D. Pennsylvania · Aug 7, 2020
companies that provide a reasonable basis for comparison to the relevant characteristics of the company being valued and various quantifiable facts,” after which “derived ratios are applied to the subject company in order to establish … Section 1111(b)’s use of the adjective “inconsequential” to modify the noun “value” clearly implies that the interest contemplated does not have to be zero.
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Oklahoma · Nov 10, 2025
Claimants failed to establish the validity and amount of their debts. … While this is clearly irksome to Claimants, the Court cannot see how it can be blamed on or otherwise tied to Debtor.
Cited 0 timesUnknownRGW Construction, Inc. v. Lucido
United States Bankruptcy Court, N.D. California · Sep 13, 2023
Knox, 567 U.S. at 307-08 (quoting therefore establish each element by a preponderance of the evidence. Fed.R.Bankr.P. 1 4005; Retz v. … Del. 2012) (there is no language in the statute qualifying what level of 3 business activity is sufficient).
Cited 0 timesUnknown
Ask Donna