Case law

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  • Peter Szanto - Adversary Proceeding

    United States Bankruptcy Court, D. Oregon · Mar 18, 2020

    I concluded that the Court lacked subject matter jurisdiction over 6 the counterclaims against Plaintiff based on sovereign immunity, there is 7 no right to a jury trial in a § 727 action, and Debtor’s refusal … Debtor 10 clearly knew that his bankruptcy schedules were not true and correct when 11 he testified at the Rule 341 meeting of creditors.

    Cited 0 timesUnknown
  • Drivetrain, LLC v. FiftySix Investments LLC

    United States Bankruptcy Court, D. Delaware · Oct 19, 2023

    If the debtor retains discretion to use the funds however it sees fit, then the funds are not earmarked.55 Defendants argue that § 1.4 of the April 2020 SPA clearly indicates … That is, while § 1.4 set out a ceiling, it did not establish a floor.

    Cited 0 timesUnknown
  • Drivetrain, LLC v. Label

    United States Bankruptcy Court, D. Delaware · Oct 19, 2023

    If the debtor retains discretion to use the funds however it sees fit, then the funds are not earmarked.55 Defendants argue that § 1.4 of the April 2020 SPA clearly indicates … That is, while § 1.4 set out a ceiling, it did not establish a floor.

    Cited 0 timesUnknown
  • Drivetrain, LLC v. DDE Partners, LLC

    United States Bankruptcy Court, D. Delaware · Oct 19, 2023

    If the debtor retains discretion to use the funds however it sees fit, then the funds are not earmarked.55 Defendants argue that § 1.4 of the April 2020 SPA clearly indicates … That is, while § 1.4 set out a ceiling, it did not establish a floor.

    Cited 0 timesUnknown
  • ALBERT'S CAPITAL SERVICES, LLC, PLAN ADMINIST v. KREITZ MOTOR EXPRESS, INC. T/D/B/A K.M.X. INC. AND

    United States Bankruptcy Court, W.D. Pennsylvania · Feb 23, 2023

    Ultimately, the credible evidence presented at trial established two unassailable facts. … Under this provision, a transfer that would otherwise qualify as preferential may not be avoided to the extent it was intended by the debtor and creditor to be a contemporaneous exchange for new value, and in fact was a

    Cited 0 timesUnknown
  • MARTIN v. JURGENS

    United States Bankruptcy Court, D. Montana · Jul 30, 2020

    Defendant’s exercise of the power of attorney prior to Alice’s death qualifies. See Healey v. Healey (In re Healey), 2018 WL 4808362, *6–7 (Bankr. E.D. Tex. … However, the amount of such trust must be established at trial.

    Cited 0 timesUnknown
  • Wythe Berry Fee Owner LLC

    United States Bankruptcy Court, S.D. New York · May 29, 2024

    This right is qualified by provisions reserving the right to such distributions to the Managing Member of the Operating Entities, which is undisputed to be Weiss. (Id.) … However, this purported prohibition on the Managing Member’s ability to provide releases or otherwise settle disputes is a significant qualifier on his authority, and it is not explicitly established

    Cited 0 timesUnknown
  • Albert's Capital Services, LLC v. Custom Fabrications, Inc.

    United States Bankruptcy Court, W.D. Pennsylvania · Feb 23, 2023

    Ultimately, the credible evidence presented at trial established two unassailable facts. … Under this provision, a transfer that would otherwise qualify as preferential may not be avoided to the extent it was intended by the debtor and creditor to be a contemporaneous exchange for new value, and in fact was a

    Cited 0 timesUnknown
  • Ashmeen Modikhan

    United States Bankruptcy Court, E.D. New York · Nov 15, 2021

    Nisselson has since qualified as permanent trustee. (ECF No. 108). On May 14, 2021, Judge Elizabeth S. … Servicer has established standing by producing the original Residential Prop. Note.

    Cited 0 timesUnknown
  • Mitchell v. Kruckenberg

    United States Bankruptcy Court, D. Oregon · Mar 27, 2024

    Inventory reserves “are established to reflect situations in which cost of the inventory, principally stone slab remnants, is not expected to be recovered.” … I was not asked then to decide that Kruckenberg was immune from liability for the payments nominally made to Santiago.

    Cited 0 timesUnknown
  • Claar Cellars LLC

    United States Bankruptcy Court, E.D. Washington · Jan 14, 2021

    Whitelatch is specially qualified to render such opinions. at the price at which Mr. Whitelatch is willing to sell. … Individual creditors have rights too.”); In re Jorgensen, 66 B.R. at 107 (“A farmer-debtor is not immune from the burdens imposed by filing bankruptcy.

    Cited 0 timesUnknown
  • Manley Toys Limited

    United States Bankruptcy Court, D. New Jersey · Mar 31, 2020

    However even if they were made, Aviva did not establish they were made in bad faith. … Aviva has not established that any of these grounds are met.

    Cited 0 timesUnknown
  • InterCement Brasil S.A. and Antonio Reinaldo Rabelo Filho

    United States Bankruptcy Court, S.D. New York · Mar 31, 2025

    Section 1517(b) establishes conditions for recognition of each. … The Brazilian RJ Proceeding Proceeding is a “Foreign Proceeding” The Brazilian RJ Proceeding qualifies as a “foreign proceeding.”

    Cited 0 timesUnknown
  • HVI CAT CANYON, INC. v. GLR LLC, GRL LLC, and RANDEEP S. GREWAL

    United States Bankruptcy Court, C.D. California · Apr 30, 2026

    Even if the Court 20 accepts as true the contention that the Amended Complaint will require interpretation of orders it 21 entered during the bankruptcy case, that fact alone does not establish original jurisdiction under … Each clearly has a preference as to where the 3 Civil Action proceeds.

    Cited 0 timesUnknown
  • Cleary Packaging, LLC

    United States Bankruptcy Court, D. Maryland · Dec 15, 2023

    The testimony of the Debtor’s employees clearly established that the Debtor’s employees fully support the Debtor’s Plan and would not agree to work for the Creditor.11 The Debtor generally elicited this testimony in the … The Principal is clearly proud of what he has built at the Debtor and his success in the industry.

    Cited 0 timesUnknown
  • Marmic Fire & Safety Co., Inc. v. ETG Fire, LLC

    United States Bankruptcy Court, D. Colorado · Mar 17, 2025

    To establish the claim on the debt under § 523(a)(2)(A), the claimant must establish that the debtor is liable on an enforceable obligation under applicable non-bankruptcy law, nothing more nor less.”) … This is confirmed yet more clearly by the phrase modifying “debt”— i.e., “of the kind.”

    Cited 0 timesUnknown
  • LightSquared LP v. SP Special Opportunities LLC (In re LightSquared Inc.)

    511 B.R. 253 · United States Bankruptcy Court, S.D. New York · Jun 10, 2014

    In fact, the evidence has established that Mr. Ergen wholly owns SPSO. … But you go play in the mud and the dirt and you probably aren’t going to get disease either because you get immune to it.

    Cited 20 timesPublished
  • Marmic Fire & Safety Co., Inc. v. ETG Fire, LLC

    United States Bankruptcy Court, D. Colorado · Mar 20, 2025

    Suffice it to say that the SBRA offers many potential advantages for qualifying Chapter 11 debtors. ETG Fire elected to proceed under Subchapter V to secure such advantages. … This is confirmed yet more clearly by the phrase modifying “debt”— i.e., “of the kind.”

    Cited 0 timesUnknown
  • 720 Livonia Development LLC

    United States Bankruptcy Court, E.D. New York · Aug 22, 2023

    He has since qualified as the permanent chapter 7 trustee in each case. On September 8, 2020, the Court ordered the Debtors’ cases be jointly administered. … Claimants argue that the State Court found there was no privity between Meluchim and Landau because the State Court Judgment states that “[n]o evidence was provided about the nature of Meluchim Holdings LLC, but it is clearly

    Cited 0 timesUnknown
  • ADELL D. PORTCH

    United States Bankruptcy Court, D. Arizona · Feb 5, 2025

    not clear and unambiguous, Arizona 6 courts are to look to the proposition’s publicity pamphlet, to the proposition’s stated 7 purpose, and to subsequent history of the measure. 8 Prop 209 is clearly … An alternate payee under a qualified domestic relations order, as defined in section 414(p) of the United States internal revenue code of 1986, as amended.

    Cited 0 timesUnknown

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