Case law

In 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.

L.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.

Edgewater 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.”

Frank D. Formica

United States Bankruptcy Court, D. New Jersey · May 12, 2021

Number two, Fulton clearly is going to try to contend that they have a judgment in 2019 and therefore they are entitled to it. … Jurisdiction Before getting into the merits, the court must establish that it has jurisdiction.

With Purpose, Inc.

United States Bankruptcy Court, N.D. Texas · Jan 22, 2025

Thus, a debtor must qualify as a debtor in Chapter 11 in order to be able to convert its case. See id. … That is clearly not the situation before the Court in the instant case.

Charles V. Cook, Sr.

United States Bankruptcy Court, N.D. Illinois · Dec 17, 2019

specifically, his bankruptcy petition was filed by Upright on October 7, 2014, with no mention of the two FDCPA lawsuits also filed on his behalf by Upright, that should have 13 Neither side has contested whether Upright qualifies … ® Third, Upright did create an onboarding script in March 2016 for bankruptcy paralegals to ask clients about the existence of potential consumer protection claims, but that procedure was clearly designed for the

O'Gara v. Hunter

United States Bankruptcy Court, M.D. North Carolina · Nov 8, 2019

In the memorandum in support of the motion to dismiss, Hunter matter-of-factly concludes Plaintiffs’ District Court Complaint “clearly targets Hunter’s exercise of free speech concerning governance matters as well as educational … Specifically, Hunter argues his emailed statements are subject to the qualified common-interest privilege.

Zipporah Legarde

United States Bankruptcy Court, E.D. Pennsylvania · Sep 14, 2023

Helali’s position that the Debtor does not have regular income and does not qualify for Chapter 13, the Debtor’s counsel, 1 This claim was amended on May 11, 2023, to change the creditor’s contact phone number. … Although there is no language regarding what would occur in the event of default or the need to cure a default, the Court finds this is of no moment because the parties clearly intended to enter into the Settlement Term

ALAN NISSELSON, as Trustee of the Estate of Port M v. MARJERRY REALTY CORP.

United States Bankruptcy Court, S.D. New York · Oct 6, 2022

The Trustee clearly does not have standing to vindicate the rights of those other employees. … But the plaintiffs' right to enforce duties owed to them is not qualified by the fact that they may also have claims against the [debtor’s] estate.”)

In re Living Hope Southeast, LLC

509 B.R. 629 · United States Bankruptcy Court, E.D. Arkansas · Mar 21, 2014

Kimbro also quoted Johnson : [T]here can be no doubt of the right of a client to discharge an attorney who fails to prosecute the cause with reasonable diligence, for that is clearly the measure of an attorney’s duty to his … The Court finds that Kim-bro’s claim that Smith was unfamiliar with the facts of the case and that Kimbro was needed to establish the truth is not a claim made in good faith. .

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · Aug 2, 2023

Nor does he clearly indicate that Green Tree intended for him to rely on the alleged false statement of material fact. … Because Claimant did not reaffirm the loan, the servicer continued to qualify for an exemption from the periodic statement rule. 12 C.F.R. § 1026.41(e)(5)(ii).

Ditech Holding Corporation

United States Bankruptcy Court, S.D. New York · Jul 29, 2023

“To qualify as ‘strong,’ ‘the inference of scienter must be more than merely “reasonable” or “permissible”—it must be cogent and compelling, thus strong in light of the other explanations.’” O’Connell v. … Insurance Dispute In addition to the six specific and clearly identifiable causes of action, the Claimant makes several other complaints about the servicing of

In re NII Holdings, Inc.

536 B.R. 61 · United States Bankruptcy Court, S.D. New York · Aug 26, 2015

As set forth in detail below, the settlement embodied in the Plan is clearly in the best *66 interests of the estates. The Plan is confirmed. … June 9, 2015 Hr'g Tr. 42:11-16 (Frei-man) ("Well, clearly from some of the points of view that [Mr.

Genever Holdings LLC

United States Bankruptcy Court, S.D. New York · Nov 3, 2022

Although well qualified, the BVI Court is not best suited to address the gating issues in these cases. … That is clearly the case here. Genever (US)’s primary asset is the Sherry-Netherland Apartment, which is located in New York, and New York and Connecticut share a border.

Mahi Paturu

United States Bankruptcy Court, D. New Jersey · Jan 15, 2021

The Federal Rules of Bankruptcy Procedure establish the timing and method. Thus, the concept that an exemption becomes “final” after 30 days is not developed solely through statute. … It clearly states that an objection to an exemption must be filed within 30 days after the amendment. The Court may issue an extension only if such a request is presented before the time to object expires.

Mahi Paturu

United States Bankruptcy Court, D. New Jersey · Jan 15, 2021

The Federal Rules of Bankruptcy Procedure establish the timing and method. Thus, the concept that an exemption becomes “final” after 30 days is not developed solely through statute. … It clearly states that an objection to an exemption must be filed within 30 days after the amendment. The Court may issue an extension only if such a request is presented before the time to object expires.

Atkinson, Trustee v. Paturu

United States Bankruptcy Court, D. New Jersey · Jan 15, 2021

The Federal Rules of Bankruptcy Procedure establish the timing and method. Thus, the concept that an exemption becomes “final” after 30 days is not developed solely through statute. … It clearly states that an objection to an exemption must be filed within 30 days after the amendment. The Court may issue an extension only if such a request is presented before the time to object expires.

Atkinson, Trustee v. Paturu

United States Bankruptcy Court, D. New Jersey · Jan 15, 2021

The Federal Rules of Bankruptcy Procedure establish the timing and method. Thus, the concept that an exemption becomes “final” after 30 days is not developed solely through statute. … It clearly states that an objection to an exemption must be filed within 30 days after the amendment. The Court may issue an extension only if such a request is presented before the time to object expires.

Mahar

United States Bankruptcy Court, E.D. Virginia · Jul 31, 2026

Mahar’s reconsideration request, asserting that the Trustee’s abandonment of the Property and the issuance of the Chapter 7 discharge “clearly demonstrate that the real property at issue is not necessary for administration … Consistent with the limited jurisdiction of bankruptcy courts, the Third Circuit Court of Appeals qualified the expanse of “related to” jurisdiction by emphasizing that “the mere fact that there may be common issues of

Weiand Automotive Industries, Inc.

United States Bankruptcy Court, D. Delaware · Feb 25, 2020

First, the Reorganized Debtors are mistaken in their belief the Insured Claims Dispute does not qualify for related to jurisdiction because it does not “involve the amount of property for distribution or the allocations … The Reorganized Debtors are correct in highlighting that the position statement and pleadings leading up to the California Court Order do not clearly articulate the Insured Claims Dispute.