Case law

Sonoma Cellar LLC

United States Bankruptcy Court, E.D. Virginia · Feb 19, 2026

The language used is broad and is qualified by the lead in of “[t]o the fullest extent reasonably possible and practicable.” … That alone does not establish knowing participation in a conspiracy.

In re: Bravo Brio Restaurants, LLC, et al.

United States Bankruptcy Court, M.D. Florida · Mar 31, 2026

ConAgra, Inc., 889 A.2d 954, 961 (Del. 2005) (“Specific language in a contract controls over general language, and where specific and general provisions conflict, the specific provision ordinarily qualifies the meaning … Here, all classes under the Plan are impaired and except for inKind, all voting claim holders within those impaired classes voted in favor of the Plan.59 Debtors clearly meet this burden under a per plan analysis.

In re Greenwich Retail Group LLC v. Moby Capital, LLC, et al.

United States Bankruptcy Court, S.D. New York · Feb 20, 2026

A release of claims qualifies as a “transfer” under this broad definition. Carmel v. River Bank Am. (In re FBN Food Servs), 185 B.R. 265, 273 (N.D. … It would be absurd, in considering a fraudulent transfer claim, to contend that a judgment is immune from attack just because the judgment bound the pre-petition debtor. See, e.g., Dobin v. St.

Nivea V. Perez Mujica v. Firstbank Puerto Rico

United States Bankruptcy Court, D. Puerto Rico · Sep 13, 2011

Sommer, 5 Collier on Bankruptcy §362.05[4] (16 ed. 2011). 3 |/To qualify for this particular exception to the automatic stay, a creditor must satisfy the following 4 |three (3) requirements: (i) an act to perfect … Moreover, the title study dated October 29, 2010 (Docket Nos. 31 & 34, Exhibit I) 8 clearly indicated that the document (deed #21 which was presented to the Property Registry on April 9 10, 1996) which provided the chain

Allan B. Mendelsohn as Trustee of the Estate of Le v. Roslyn, LLC

United States Bankruptcy Court, E.D. New York · Jun 21, 2021

Value Value is measured by what the transferee gave up in the transaction and it need not be given to the debtor to qualify. See Brown Publ’g Co. … “[C]ourts have long recognized that ‘[t]ransfers made to benefit third parties are clearly not made for a “fair” consideration.’” Rubin v. Mfrs.

William M. Condrey, P.C. v. Endeavour Highrise, L.P. (In Re Endeavour Highrise, L.P.)

63 A.L.R. Fed. 2d 631 · United States Bankruptcy Court, S.D. Texas · Mar 12, 2010

[Finding of Fact No. 13, 14, 17, & 18], Claims related to interpleaded funds qualify as “arguable property” of the estate. … Rather, a party asserting a post-petition claim should file an application with the court and request an order establishing the claim as an allowed administrative claim or an allowed postpetition claim pursuant to a particular

Faulkner v. M&T BANK

United States Bankruptcy Court, E.D. Pennsylvania · Apr 28, 2020

It is well established that there are three (3) ways in which a party may establish the right to enforce a negotiable instrument: 1. … Because the Debtor was qualified, the Debtor asserts that M&T had no right to make a demand for payments in order to make such a determination.

Nosson Sklar

United States Bankruptcy Court, S.D. New York · Apr 20, 2021

Therefore, the District Court Action was very clearly “a judicial . . . action or proceeding against the debtor that . . . … Thus, in order to qualify a claim for the discharge exception provided in section 523(a)(2), (4), or (6), a creditor in the bankruptcy case of an individual debtor is required to seek a determination

Garcia v. Sklar

United States Bankruptcy Court, S.D. New York · Apr 20, 2021

Therefore, the District Court Action was very clearly “a judicial . . . action or proceeding against the debtor that . . . … Thus, in order to qualify a claim for the discharge exception provided in section 523(a)(2), (4), or (6), a creditor in the bankruptcy case of an individual debtor is required to seek a determination

Mark Shapiro, Liquidating Trustee of the Alliance v. Wall Street Health Services

United States Bankruptcy Court, S.D. Texas · Jan 21, 2021

Unlike the agent in Ramirez, the Trustee did not adduce evidence establishing that Mr. … Nonetheless, the Advisory Committee clearly meant their filings to qualify as mistakes under the Rule.”).

State of Colorado, Division of Finance & Procureme v. Martinez

United States Bankruptcy Court, D. Colorado · Nov 1, 2019

The Plaintiff Failed to Establish a Section 523(a)(2)(A) Claim. … For example, to qualify for bankruptcy under Chapter 13, a debtor must have “regular income.” 11 U.S.C. § 109(e).

Donald F Wellington

United States Bankruptcy Court, M.D. North Carolina · May 20, 2021

Oct. 24, 2018) (finding that “case law consistently teaches that out-and-out lawyer blunders – the type of action or inaction that leads to successful malpractice suits by the injured client –” does not qualify as excusable … Most importantly for purposes of the Bench Ruling, the Fourth Circuit’s clearly stated approach to Pioneer cuts firmly against Garden Ridge and holds that “the most important of the factors identified in Pioneer for determining

O'Toole, solely in her capacity as Chapter 7 v. M. Cabrera & Associates, P.C.

United States Bankruptcy Court, S.D. New York · Mar 14, 2025

The Sale Order clearly states that it is binding and survives the dismissal of Kaspar’s first Chapter 11 case. … This may well be the case, and O’Toole is free to try to establish it at trial.

Irving H. Picard, Trustee for the Liquidation of B v. Inteligo Bank Ltd

United States Bankruptcy Court, S.D. New York · Dec 15, 2022

state that “the Manager[3] has established a discretionary account for [Fairfield Sentry] at Bernard L. … But here, where Inteligo is clearly a subsequent transferee of Fairfield Sentry, it is not possible for it to raise a mere conduit defense.

Irving H. Picard, Trustee for the Liquidation of B v. Inteligo Bank Ltd

United States Bankruptcy Court, S.D. New York · Dec 9, 2022

state that “the Manager[3] has established a discretionary account for [Fairfield Sentry] at Bernard L. … But here, where Inteligo is clearly a subsequent transferee of Fairfield Sentry, it is not possible for it to raise a mere conduit defense.

David H. Zimmer

United States Bankruptcy Court, W.D. Pennsylvania · Dec 4, 2020

Likewise, the -7- burden of clearly showing the right to a claimed deduction rests in the first instance on the taxpayer. … Nov. 24, 2014)(unsigned tax return constituted inadmissible hearsay and opinion testimony from an undisclosed non-qualified expert witness).

Doeling v. Doll

United States Bankruptcy Court, D. North Dakota · Feb 28, 2025

Debtors’ 2022 tax return lists $1,175 in income from Telos, and Form 8995 of their return shows total qualified business income from Telos totaling $8,663. Ex. 19. … that Debtors omitted or undervalued assets—whether considered alone or in the aggregate—knowingly and fraudulently or with such reckless disregard for the truth that fraudulent intent is clearly indicated.

Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities, LLC. et a

United States Bankruptcy Court, S.D. New York · Dec 9, 2022

state that “the Manager[3] has established a discretionary account for [Fairfield Sentry] at Bernard L. … But here, where Inteligo is clearly a subsequent transferee of Fairfield Sentry, it is not possible for it to raise a mere conduit defense.

Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities, LLC. et a

United States Bankruptcy Court, S.D. New York · Dec 15, 2022

state that “the Manager[3] has established a discretionary account for [Fairfield Sentry] at Bernard L. … But here, where Inteligo is clearly a subsequent transferee of Fairfield Sentry, it is not possible for it to raise a mere conduit defense.

FELDMAN v. Lynch, Jr.

United States Bankruptcy Court, E.D. Pennsylvania · May 16, 2025

Sometime during or prior to 2003, McGowan assisted in preparing a “non-qualified deferred compensation/retirement plan” for both executives. 15. … Bederson Adjustments With the appropriate premise of value established, it is necessary to decide whether the Bederson adjustments in the insolvency analysis were proper.