Case law

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.

Arabi Gin Co. v. Plexus Cotton, Ltd. (In re Joseph Walker & Co.)

522 B.R. 165 · United States Bankruptcy Court, D. South Carolina · Sep 25, 2014

“[Earlam] clearly stated that [Debtor’s] problems were his, also. … Agency, 340 So.2d 770, 774 (Ala.1976) (“An express promise is not necessary to establish a promissory estoppel.

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.

Health Science Products, Inc. v. Taylor (In Re Health Science Products, Inc.)

183 B.R. 903 · United States Bankruptcy Court, N.D. Alabama · May 23, 1995

Since SCDC did not qualify as a bona fide mortgagee under the Recording Act, NAAC, as assignee of SCDC, likewise is prohibited from such status. … Clearly, the transaction between Mr. Taylor and HSP is atypical.

In Re Ames Department Stores, Inc.

306 B.R. 43 · United States Bankruptcy Court, S.D. New York · Feb 26, 2004

Noting, as this Court has above, that statutory provisions granting priorities are narrowly construed, 31 and that claimants seeking payment ahead of other unsecured claims bear the burden of establishing their entitlement … Without clearly indicating an intent to do so, Congress did not likely intend to upset these settled principles and priorities when it enacted § 365(d)(3).

PMCM 2, LLC, as the Liquidating Trustee for the Be v. Fabric Sources, Inc.

United States Bankruptcy Court, N.D. Georgia · Mar 20, 2020

The burden of proof for establishing that a transfer is avoidable is on the trustee. Id. (citing 11 U.S.C. § 547(g)). … Because these two parts of § 547 refer to prepetition transfers, then the phrase “otherwise unavoidable transfer” is also clearly referring to a prepetition transfer.

Heartwood 4, LLC v. Tabor

United States Bankruptcy Court, S.D. Florida. · Feb 11, 2022

The plaintiffs’ argument that the Trust did not need collateral for the loans clearly is untrue as the Trust in fact realized on that collateral and still suffered a $150,000 loss. … Tabor was, at most, the qualifying broker for the Tabor Agency and a signatory on its bank account, at a time when it had no ongoing business.

Johnson v. Edwards Family P'ship, LP (In re Cmty. Home Fin. Servs., Inc.)

583 B.R. 1 · United States Bankruptcy Court, S.D. Mississippi · Feb 27, 2018

The District Court ordered the parties to file affidavits establishing the extent of Dickson's liability. … The Court also finds that the EFP Note and BHT Note clearly provide for payment of simple interest, not compound interest.

In Re Cemal

396 B.R. 649 · United States Bankruptcy Court, E.D. Virginia · Mar 15, 2004

A finding of substantial abuse may not be bottomed solely on the ability of a debtor to qualify for chapter 13 relief, obtain confirmation of a chapter 13 plan and successfully complete a chapter 13 plan. … The food budget, which includes housekeeping supplies and personal care products, is clearly higher than a poverty budget but is not luxurious.

The Roman Catholic Church for the Archdiocese of N

United States Bankruptcy Court, E.D. Louisiana · Jan 5, 2024

Hodges, Grant & 2 Several of the Disputed Communications include third parties other than TEG who are not clearly identifiable as Archdiocese employees. See Joint Ex. 1. … “The burden of establishing that a document is work product is on the party who asserts the claim, but the burden of showing that the materials that constitute work product should nonetheless be disclosed is on

LAS UVAS VALLEY DAIRIES

United States Bankruptcy Court, D. New Mexico · Dec 1, 2023

On the contrary, the County argued that the Plan “clearly and unambiguously” required that the 2018 livestock taxes be paid. … We have held that it does not apply to “cases where the jurisdiction of a court to hear a case is questioned, [or] sovereign immunity is raised.” Hicks, 928 F.2d at 970.

Gugino v. Kastera, LLC (In Re Ricks)

433 B.R. 806 · United States Bankruptcy Court, D. Idaho · Jul 27, 2010

However, in the Court’s opinion, Pooley was adequately qualified by education, training, and experience to give expert testimony under Fed.R.Evid. 702. … Moreover, the general tone of the letter clearly evidences Kast-era’s intent to sever all ties with Ricks.

Allegiance Coal USA Limited

United States Bankruptcy Court, D. Delaware · Jun 7, 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. … The overall structure of the DIP Order 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.

MRPC Christiana, LLC v. Crown Bank

United States Bankruptcy Court, D. New Jersey · Dec 5, 2019

Crown Bank asserts that the procedure for challenging Crown Bank’s liens or claims was clearly stated to all parties, specifically on the record at the October 25, 2018 hearing. … The Patel Parties also rely on the Mata case to support their position.110 The court in Mata held that a Notice of Removal filed by the creditor regarding a creditor’s state court lawsuit qualified as an informal proof

Clavell v. United States Department of Education

United States Bankruptcy Court, S.D. New York · Feb 7, 2020

W.D.N.Y. 2012) (“Clearly the Second Circuit did not equate ‘minimal standard of living’ with ‘poverty.’ … Tax Code applying a 10% additional tax on early distributions from qualified retirement plans); Retirement Topics – Plan Loans, U.S. Internal Revenue Serv.

In re Jefferson County

474 B.R. 228 · United States Bankruptcy Court, N.D. Alabama · Jan 19, 2012

The “at this time” qualifier to the stay modification denial is important. It does not preclude a future, justifiable request. … Excess is clearly what occurred with the County’s special revenue warrant financing for the sewer system. Many causes for this excess have been presented to the Court.

Ott v. Somogye

United States Bankruptcy Court, N.D. Ohio · Mar 30, 2020

Proof of falsity alone is not enough to establish the first prong of Rembert. … It clearly says that he ”paid” the architect and uses the terminology “prints” and “certified drawings.” On the other hand, he also refunded Mrs.

Silverman v. H.I.L. Associates Ltd. (In Re Allou Distributors, Inc.)

387 B.R. 365 · United States Bankruptcy Court, E.D. New York · Mar 31, 2008

The Wagoner rule is qualified by the adverse interest exception. “ ‘Under New York law, the adverse interest exception rebuts the usual presumption that the acts and knowledge of an agent acting within the scope of employment … The Trustee argues that the Amended Complaint sets forth specific factual allegations describing the alleged fraudulent transfers at issue, and “clearly and in detail alleges that Allou received no consideration for the payments

Mendelsohn v. The Dalton School, Inc.

United States Bankruptcy Court, E.D. New York · Dec 28, 2023

The Trustee cites cases in which courts have, under certain circumstances, permitted a trustee to claw back college tuition payments for children that have reached the age of maturity which is clearly not the case here … Here, where the Debtor is an individual, Defendant must be one of the following to qualify as an insider for purposes of § 547: “(i) relative of the debtor or of a general partner of the debtor; (ii) partnership in which

Beher Holdings Trust v. Frascogna

United States Bankruptcy Court, S.D. Mississippi · Dec 20, 2019

A bankruptcy court cannot declare a debt nondischargeable until the creditor establishes the existence and amount of that debt. … The evidence to establish Frascogna and BHT as the “parties” of any agreement was not convincing.