Case law
Opinions from 1658 to today.
7,439 results
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United States Bankruptcy Court, N.D. California · Jan 8, 2025
Force base in Atwater, California. 27 2 Generally, an EB-5 program is a federal immigration program that enables foreign citizens to qualify … [A]ny funds owed to [Plaintiff] that are clearly and legally documented as official 1 loans by [Plaintiff] to [KSA] will be determined by an
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. New York · Nov 27, 2019
The Trustee was appointed as the interim Chapter 7 Trustee, has duly qualified, and is the permanent trustee of the Debtors’ estate. … Clearly, if the court dismisses an action on its own motion, then revocation cannot have taken place because the court and not the lender affirmatively acted to terminate the action.
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. Pennsylvania · Dec 21, 2021
getting into a payment arrangement; and the Debtor’s ability to resolve her real estate tax delinquency on terms acceptable to the City.4 Ultimately, the 4 While the Court recognizes that the Debtor could have possibly qualified … In the instant case, the first and third factors are met because the Debtor clearly lost in the state court action brought by the City to recover delinquent real estate taxes and the Decree, which constitutes a judgment
Cited 0 timesUnknownIn Re Elsinore Shore Associates
91 B.R. 238 · United States Bankruptcy Court, D. New Jersey · Mar 24, 1988
These two transactions clearly indicate fundamental unfairness and injustice. 692 F.2d at 977 . … Eighth, any- dividends paid on the Elsub stock shall be transferred to the trustee for distribution to Playboy only after Playboy either qualifies or no longer holds any legal, equitable or beneficial interest in the stock
Cited 31 timesPublishedXiao v. United States Department of Education/Nelnet
United States Bankruptcy Court, S.D. New York · Aug 30, 2025
Plaintiff qualifies for income-based repayment plans with the DOE. … According to Plaintiff, his expense categories were “clearly delineated,” “scrutinized during Deposition,” and “certainly agreed to without any confusion in the Joint Statement,” and that DOE’s challenge to them constitute
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. Tennessee · Oct 29, 2021
Argyle ultimately found an investor in Polymathes Capital Corporation (“PolyCap”), qualified as a bidder, participated in the auction, and was the backup bidder at $8.6 million to the winning bid of $8.7 million (less … Under this framework, if a fee applicant establishes that its services were ‘necessary to the administration’ of a bankruptcy case or ‘reasonably likely to benefit’ the bankruptcy estate ‘at the time at which [they were
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Oct 26, 2022
They contend that the only issue asserted in the Walters Claim Objection is that the Consumer Creditors’ claims do not qualify as claims under section 363(o) of the Bankruptcy Code. Id. ¶ 2. … Response ¶ 25 (“Ditech also serviced the loans, collected, and foreclosed on the same people which it had fraudulently qualified.”).
Cited 0 timesUnknownUnited States Bankruptcy Court, M.D. Florida · Jul 17, 2025
otherwise qualified as business expenses and only tangentially benefitted the Halls personally.200 Based on the Court’s finding in Count I, the Court will likewise deny Count V. VII. … As discussed below, Nutrien did not establish any of the remaining three criteria for successor liability.
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. North Carolina · May 10, 2022
And to the extent O’Haro was withholding documents pursuant to claims of privilege or immunity, she was required to specify those documents as well as her basis for withholding them. Id. at 25. … Clearly, as to Smith’s two sets of Discovery Requests, O’Haro has failed, on several occasions, to make discovery. Thus, the imposition of sanctions is appropriate. 2.
Cited 0 timesUnknownLATAM Airlines Group S.A., et al.
United States Bankruptcy Court, S.D. New York · Jul 26, 2022
Insolvency is a question of fact and the findings of the Bankruptcy Court in this regard will not be disturbed unless they are clearly erroneous. See In re CIL Ltd., 582 B.R. 46, 104 (Bankr. … Even if these “questions of law” raised by the TLA Claimholders qualified as such, they have offered minimal support that the Confirmation Opinion conflicts with other case law on these issues.
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. North Carolina · May 1, 2019
And, as clearly shown in the monthly reports and testimony, the debtors spend significant amounts of money on food, clothing, and recreation. … The Debtor testified that she 4 The court declined to adjudicate whether the subject student loans did indeed qualify as business debt as asserted by the debtors, because their classification would not impact the court
Cited 0 timesUnknown437 B.R. 874 · United States Bankruptcy Court, D. Arizona · Aug 13, 2010
Finally, although recognizing that he was not qualified as an appraiser, Mr. … Fees, setoff and “turnover” clearly relate only to matters concerning how to arrive at final numbers for the Banks’ claim.
Cited 10 timesPublishedViegelahn, Chapter 13 Trustee v. TitleMax of Texas, Inc
United States Bankruptcy Court, W.D. Texas · May 24, 2024
The facts here establish that the Second Loan was a future advance and the language TitleMax cites does not substitute for a future advances clause. … But as Owen points out, “[n]o property can be exempted (and thereby immunized), however, unless it first falls within the bankruptcy estate.” Id.
Cited 0 timesUnknown11 B.R. 258 · United States Bankruptcy Court, D. Utah · May 15, 1981
The inclusion of Section 41(a) was “clearly inadvertent” and “must be read out of section 404(d).” Id. and n.20. … Even if the stay were constitutionally infirm, however, this would probably not immunize them from criminal contempt for a violation of its provisions. See, e. g., Walker v.
Cited 55 timesPublishedUnited States Bankruptcy Court, C.D. California · Oct 13, 2021
While witchcraft is hokum, Martin 25 nevertheless clearly believes in it, and in his own power to harm others with magic.” Martin v. Kazulkina, 2017 U.S. Dist. … This qualifies as an "adequate excuse." DeGeer v. Gillis, 755 F. Supp. 3 2d 909, 930 (N.D. Ill. 2010). See also In re Exxon Valdez, 142 F.R.D. at 385.
Cited 0 timesUnknownEdgewater Construction Group, Inc.
United States Bankruptcy Court, S.D. Florida. · Nov 15, 2024
However, as the Court ruled at Trial, an owner of property may testify as to its value without being qualified as an expert. … Clearly, Congress envisioned the turnover provision of § 542 of the Code, to apply to tangible property and money due to the debtor without dispute which are fully matured and payable on demand.”
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. Texas · Feb 18, 2020
Numerosity of Creditors and Dollar Amount First, an involuntary petition under § 303 may be commenced only by three or more holders of qualifying claims; however, a single claimholder may file the … The Investor Agreement, quite clearly, is an agreement between the Petitioning Creditors and Target Debtor.
Cited 0 timesUnknownL.K. Comstock & Company, Inc. v. Reibie
United States Bankruptcy Court, D. Maryland · Aug 8, 2020
The parties present their respective positions as clearly warranted and easily reached under the facts of this proceeding and applicable law. The Court finds the answer, however, more nuanced and complex. … In other words, the debtor’s liability is not yet established.
Cited 0 timesUnknownIn Re Four Star Terminals, Inc.
42 B.R. 419 · United States Bankruptcy Court, D. Alaska · Aug 6, 1984
The court goes on to explain that if the attorney seeking compensation is always allowed to recover for pursuing an excessive fee application, a dangerous precedent will be established. … It will be up to the attorney who makes such a request to clearly demonstrate that exceptional circumstances exist. There will also be cases in which a hold-back of more than 25% will be appropriate.
Cited 57 timesPublishedL.K. Comstock & Company, Inc. v. Reibie
United States Bankruptcy Court, D. Maryland · Mar 2, 2020
The parties present their respective positions as clearly warranted and easily reached under the facts of this proceeding and applicable law. The Court finds the answer, however, more nuanced and complex. … In other words, the debtor’s liability is not yet established.
Cited 0 timesUnknown
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