Case law

Cook and Sons Mining, Inc.

United States Bankruptcy Court, E.D. Kentucky · Oct 19, 2020

The Plan further established a Post-Confirmation Committee that consisted of members of the unsecured creditors committee in the bankruptcy case. [Id.] … More significant for the AIG Reimbursed Premiums, any pre-approval of fees would only have applied to the clearly described work on which the contingency fee is based.

Ger V. Xiong and Jia Xiong

United States Bankruptcy Court, E.D. Wisconsin · May 9, 2025

about subsequent procedural steps, including valuing the property, listing it for sale, confirming any sale, resolving any dispute over subordination of the bank’s lien, and distributing the sales proceeds, the court qualified … : Where the second suit is clearly no more than a repetition, at least in substance, of the former controversy (and on occasion, at least, even though

Seven Stars on the Hudson Corp v. MDG Powerline Holdings, LLC

United States Bankruptcy Court, S.D. Florida. · Jan 28, 2022

Manzo-Berding is even qualified to provide this type of financial analysis. … Accordingly, because the Manzo-Berding Declaration is clearly inconsistent with Seven Stars’ initial disclosures, interrogatory answers, and Ms.

Allen Beal - Adversary Proceeding

United States Bankruptcy Court, D. Utah · Mar 31, 2020

But he did not explain clearly how he tried to pay a fee on a page that is not meant to accept payment. … An ECF Filer is defined as a “person who is required to or has qualified to file papers using the courts [sic] Electronic Case Filing system.” Bankr. D. Ut. LBR 1001-1(d). 35 See Bankr. D. Ut.

Hurwitz v. Fung Holdings 1937 Limited

United States Bankruptcy Court, S.D. New York · Dec 16, 2024

In other words, to qualify for protection under the securities safe harbor, § 546(e) provides that the otherwise avoidable transfer itself be a transfer that meets the safe-harbor criteria. … The decision in Merit Management quite clearly commands that in deciding whether section 546(e) applies I should look at the transfer that the plaintiff seeks to avoid and whether that transfer “itself” was a payment to

PT Bakrie Telecom Tbk

United States Bankruptcy Court, S.D. New York · Apr 15, 2021

Indeed, bankruptcy courts have rejected similar arguments, concluding that the foreign main proceeding continued to qualify as a foreign proceeding despite being “closed” under Section 101(23) of the Bankruptcy Code when … The foreign court here does not have the same well-established reputation. See Fox v. Bank Mandiri (In re Perry H. Koplik & Sons, Inc.), 357 B.R. 231, 239–44 (Bankr.

Taunt v. Coenen ex rel. Estate of Coenen (In re Trans-Industries, Inc.)

538 B.R. 323 · United States Bankruptcy Court, E.D. Michigan · Sep 25, 2015

Consultants , the plaintiffs filed suit in November 2006 on behalf of the ERISA-qualified Longshoremen’s Pension Fund (the “Fund”), based on alleged breaches of fiduciary duty to the Fund committed from 2001-2002. 635 F.Supp … matters would use in the conduct of an *364 enterprise of a like character and with like aims; (C) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly

Scarver v. Silverline Services Inc.

United States Bankruptcy Court, N.D. Georgia · May 31, 2019

In reply, the Defendant argued in the Defendant’s Brief in Opposition that the Trustee has not met her burden in establishing the absence of dispute regarding the fact that a search using the Debtor’s correct name would … The Defendant also maintains that the caption of the instant bankruptcy action “clearly is indicative of a strong relationship between the Debtor’s former and current name, which contradicts [Trustee]’s contentions to the

Ronald Lee Gage

United States Bankruptcy Court, District of Columbia · May 9, 2022

Despite the financial risks, the bankruptcy system is only enhanced when experienced and qualified professionals agree to serve as chapter 7 trustees and/or counsel for chapter 7 trustees. … The Trustee has failed to carry his burden to establish the appropriate grounds for approval of the Applications.

Highland Capital Management, L.P. - Adversary Proceeding

United States Bankruptcy Court, N.D. Texas · Sep 30, 2022

(the “Notice of Effective Date”),15 clearly disclosing that the “Effective Date” (as defined in the Plan) had occurred on August 11, 2021. … Creditors ultimately bear the burden of persuasion and production to establish that their claims are, in fact, an administrative expense.

Meredith Lynne Alexander

United States Bankruptcy Court, District of Columbia · May 9, 2022

Despite the financial risks, the bankruptcy system is only enhanced when experienced and qualified professionals agree to serve as chapter 7 trustees and/or counsel for chapter 7 trustees. … The Trustee has failed to carry his burden to establish the appropriate grounds for approval of the Applications.

Sanderson III, Trustee v. Susan L. Gross Family Trust

United States Bankruptcy Court, E.D. North Carolina · Sep 2, 2025

The Wireless/SmartSky relationship deteriorates 4 A Qualified Terminable Interest Trust (“QTIP Trust”) is an estate planning tool, often used to take advantage of the marital deduction while maintaining … The Trustee bears the burden of establishing that the transfer was fraudulent. In re Parker, 2015 WL 4747536 at *8 (Bankr. E.D.N.C. Aug. 10, 2015). II.

Genever Holdings LLC

United States Bankruptcy Court, D. Connecticut · 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.

Genesis Global Holdco, LLC

United States Bankruptcy Court, S.D. New York · Aug 4, 2023

Pulse Elecs., Inc., 579 U.S. 93, 93 (2016) (“[T]he “word ‘may’ clearly connotes discretion.”). … (testifying that the risks in the Genesis case are greater than in other crypto bankruptcies because the Genesis Lenders are well known to be high net worth investors); Hr’g Tr. 25:4-9 (Apr. 24, 2023).18 In fact, to qualify

Christopher Faherty and Jaclynn Faherty

United States Bankruptcy Court, D. Connecticut · Apr 20, 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

In re: Bell Family Trust v. Mary Sue Bell, Sue Bell Holdings, L.L.C., and Amerada Hess Corporation

United States Bankruptcy Court, W.D. Louisiana · Dec 16, 2025

Galan, 182 F.3d 915 (5th Cir. 1999) (“Early case law establishes that the only acceptable defense that qualifies as a good cause [for opposing the revival of a judgment] is an absolute nullity of the original judgment.” … Such motion should clearly and succinctly set forth how and when all aspects of the 2005 Judgment were satisfied. The Court cautions Ms.

In Re Hawaiian Telcom Communications, Inc.

430 B.R. 564 · United States Bankruptcy Court, D. Hawaii · Dec 30, 2009

(b) The Debtors’ And Secured Lenders Experts’ Testimony On Easements Establish That They Have No Market Value. 67. … Hallstrom was qualified to testify as the Secured Lenders' real estate appraisal expert and opined on the value of the Debtors’ unencumbered fee and easement real property interests. 87 .

In re: SVB Financial Trust v. Federal Deposit Insurance Corporation, as Receiver for Silicon Valley Bank

United States Bankruptcy Court, S.D. New York · May 13, 2026

“A bankruptcy court is[] the best qualified to interpret and enforce its own orders ... therefore, should not abstain from doing so.” … to be taken by the FDIC is indeed within its powers as receiver.”); In re Colonial Realty Co., 980 F.2d 125, 136 (2d Cir. 1992) (“[F]ederal courts have the ability to restrain the [receiver] where the [FDIC] is acting clearly

In re: SVB Financial Trust v. Federal Deposit Insurance Corporation, as Receiver for Silicon Valley Bank

United States Bankruptcy Court, S.D. New York · May 11, 2026

A bankruptcy court is the best qualified to interpret and enforce its own orders ... therefore, should not abstain from doing so. … conserve the assets and property of such institution.” 12 U.S.C. § 1821(d)(2)(B)(i)-(iv) courts have the ability to restrain the [receiver] where the [FDIC] is acting clearly

29 Beekman Corp. v. Blank Rome

United States Bankruptcy Court, S.D. New York · Mar 31, 2023

See, e.g., Aiolova, 496 B.R. at 131 (“[A] bankruptcy court has the jurisdiction to entertain and enter orders authorizing the sale of estate assets and therefore qualifies as a court of competent jurisdiction [for res judicata … ’s counsel generally acts as its representative, 29 Beekman suggests that “[t]hrough its fraud, Blank Rome was acting outside its role as legitimate legal counsel to Wansdown and Golsorkhi and therefore enjoys no immunity