Case law
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United States Bankruptcy Court, E.D. Wisconsin · Mar 31, 2025
Landis testified that he signed the document agreeing to repay Hink for the mother-in- law addition but that he wanted the court to “qualify this as a gift or inheritance”. Id. at 104:24–105:23. … Whether such a conversation has occurred and whether Landis and his counsel have reached a decision about how to proceed, nothing that Landis has filed since that hearing clearly states that he is objecting to the portion
Cited 0 timesUnknownSilverman 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
Cited 26 timesPublishedDarden v. Western Asbestos Settlement Trust
United States Bankruptcy Court, N.D. California · Sep 13, 2021
created procedures for a) asbestos 10 claimants to submit claims to the Trust, b) the Trust to evaluate and value those claims based on set 11 criteria (or if the information provided to the Trust was insufficient to qualify … The court notes that while Paul states that the Trust erroneously paid the Garrett and Bowser claims, she does not clearly explain why the Trust’s payments were mistaken. 28
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Utah · Dec 23, 2024
At all times relevant, DJ Oilfield was qualified to do business with Badlands pursuant to an MSA. Pretrial Order, ¶ 4.43; see Exh. 2 (FFCL, Stipulated Facts, ¶ 25). 28. … Brad Hall, who was a Western Member because of a power of attorney, clearly did not know about the Non-Compete Clauses because he tried to get Birchell to sign a non-compete agreement after Birchell’s employment
Cited 0 timesUnknownBeher 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.
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. Wisconsin · Jul 22, 2019
The ability to modify the rights of holders of secured claims is qualified by section 1325(a)(5), that provides: (5) with respect to each allowed secured … These definitions establish that a final, balloon payment is distinct and separate from the preceding “periodic payments.”
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Connecticut · Apr 15, 2022
Factually, the Trustee argues that the Debtor’s property does not qualify as her homestead for exemption purposes because, as of the petition date, the Debtor did not occupy the property as her primary residence. … As recognized by those courts that considered the application of the Original Homestead Exemption, the creation of that exemption was clearly substantive in nature; for the first time, it established a protection for a
Cited 0 timesUnknownMathis v. United States Department of Education
United States Bankruptcy Court, C.D. California · Dec 29, 2021
It further provided: In the event any party cannot stipulate to the admissibility of an exhibit, that party must file a Motion in Limine which clearly identifies each exhibit alleged to be inadmissible … Emotional and mental challenges which Debtor succeeds in overcoming do not qualify.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Maryland · Aug 21, 2025
Not everyone qualifies for a discharge under Chapter 7. … Gallagher opposed the motion because, in his view, it did not comply with Federal Rule of Civil Procedure 12(f) for two reasons: it was untimely, and it did not establish that his amended means test was “redundant, immaterial
Cited 0 timesUnknownHenderson v. Andrews (In Re Perry County Foods, Inc.)
313 B.R. 875 · United States Bankruptcy Court, N.D. Alabama · Sep 2, 2004
What is set forth in this rule is: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge … a similar, though more technical, analysis could be made for other market conditions along the uninterrupted progression of market structures from perfect competition to one short of those approaching market conditions clearly
Cited 11 timesPublishedRohrig Invs., LP v. Knuckle P'ship, LLLP (In re Rohrig Invs., LP)
584 B.R. 382 · United States Bankruptcy Court, N.D. Georgia · Mar 30, 2018
In addition, authority to act may be established by the acts of the alleged agent in special circumstances. … Cir. 2008) (the contract incorporating extrinsic material "must clearly communicate that the purpose of the reference is to incorporate the reference material into the contract (rather than merely to acknowledge that the
Cited 0 timesPublishedLeDoux v. Tanner (In Re Tanner)
365 B.R. 217 · United States Bankruptcy Court, N.D. Alabama · Mar 15, 2007
Leeway was limited because the position of the field lines, as established by the health department, was not subject to change. Mr. … Tanner’s testimony, which indicates clearly that he had substantial reason to believe that the job would endure because he had successfully employed the same technique in a similar situation on a prior occasion involving
Cited 0 timesPublished559 B.R. 563 · United States Bankruptcy Court, S.D. New York · Sep 2, 2016
in conduct that is illegal, or ultra vires the company, (2) perpetrates a fraud against the minority shareholders and the wrongdoers are themselves in control of the company, or (3) passes a resolution which requires a qualified … Clearly, then, tract 5 of the property was trans-ferred directly from the Delaware Fund to the McDonalds.
Cited 11 timesPublishedSabine Oil & Gas Corp. v. HPIP Gonzales Holdings, LLC (In re Sabine Oil & Gas Corp.)
550 B.R. 59 · United States Bankruptcy Court, S.D. New York · May 3, 2016
and HPIP argue, the covenants at issue satisfy the “touch and concern” requirement by affecting the value and use of the real property, then the real property interests allegedly conveyed through those covenants cannot qualify … The covenants that meet the test established by the courts of equity have come to be known as “equitable servi-tudes.” Over time, the use of covenants, both real and equitable, has become common.
Cited 7 timesPublished187 B.R. 72 · United States Bankruptcy Court, E.D. New York · Sep 6, 1995
written order by the judge or a statement made by him and in some way made a part of the written record; and, when the issues are decided by the judge, there must be some writing, generally called a judgment, in which it clearly … It is here that we must start in the present case.” ‡ ‡ * THE PRESENT POSTURE A school of thought opines: Chapter XI [sic] of the federal bankruptcy act offers an opportunity to qualifying debtors to escape bankruptcy court
Cited 0 timesPublishedUnited States Bankruptcy Court, E.D. Pennsylvania · Jun 25, 2021
A judge's ordinary efforts at courtroom administration—even a stern and short-tempered judge's ordinary efforts at courtroom administration—remain immune. … expressions of impatience, dissatisfaction, annoyance, and even anger do not establish impartiality or bias.
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Alabama · Aug 12, 2022
Logically, if Congress has required approval of employment to ensure that estate resources are not wasted and that professionals are qualified and not conflicted, this should generally occur before the administration of … The Debtor has made many arguments throughout this case for which she has not provided evidentiary support and, while clearly the Debtor or someone assisting her has done a great deal of research, the Debtor has not presented
Cited 0 timesUnknownGialamas v. Fiduciary Partners Trust Company
United States Bankruptcy Court, W.D. Wisconsin · Mar 27, 2024
His first four letters/motions were filed in the probate court before April 20, 2020, and clearly predate the Plan’s effective date. … But he fails to establish that the state court rulings involved the application of section 4.5(d).
Cited 0 timesUnknownMendoza v. Franchise Tax Board
United States Bankruptcy Court, E.D. California · May 21, 2025
. § 523(a)(1)(B)(i) has been clearly addressed by the Ninth 9 Circuit Court of Appeals in Berkovich v. Cal. Franchise Tax Bd. (In re Berkovich), 15 F.4th 997 (9th 10 Cir. 2021). … According to established caselaw in Berkovich, 6 Debtor failing to make the reporting requirements pursuant to Revenue and Taxation Code 7 § 18622(a) violates 11 U.S.C. § 523(a)(1)(B)(i).
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. Virginia · Jan 5, 2023
In response to Appellants’ Opening Briefs, the Trustee argues that (1) the Bankruptcy Court properly interpretated the above “Orders in bankruptcy cases qualify as ‘final’ when they definitively dispose of discrete … The plain meaning of the provision clearly demonstrates that dissolution had occurred □ 32 on the effective date set. Cf Holland v.
Cited 0 timesUnknown
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