Case law
Opinions from 1658 to today.
7,439 results
0.75s
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
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Alabama · Mar 13, 2019
In addition, the email clearly constitutes a settlement negotiation, which is inadmissible under Rule 408 of the Federal Rules of Evidence. … And the bill of lading is virtually unreadable, so there is no qualified proffer there.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Feb 24, 2025
similar to other bankruptcy courts in this Circuit reviewing requests for non-debtor stay extensions,28 the Court also conducted a traditional four-factor preliminary injunction analysis, which requires the movant to establish … The balance of the harms here clearly weighs in the Debtor’s favor. Lastly, granting the Luftig Stay Extension is not adverse to the public interest.
Cited 0 timesUnknownAearo Technologies LLC v. Parties Listed on Appendix A to the Complaint et a
United States Bankruptcy Court, S.D. Indiana · Aug 26, 2022
Robins or other exceptions to section 362(a)(1), it has found that the non-debtor does not qualify for the exceptions. See Harley-Davidson Credit Corp. v. … The burden is on the movant—here the Aearo Plaintiffs—to clearly establish by a preponderance of the evidence the necessity for injunctive relief. See In re Gathering Rest., Inc., 79 B.R. 992, 1000 (Bankr. N.D.
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Texas · Jan 28, 2025
A court may also find intent to defraud where a trustee fails to establish or maintain a construction account as required by section 162.006 or fails to establish or maintain an account record for the construction account … The test clearly still applies to assessing the requirements for false representations….Husky only stands for the proposition that § 523(a)(2)(A) actual fraud does not require a false representation.”)
Cited 0 timesUnknownNisselson v. Ford Motor Co. (In Re Monahan Ford Corp.)
340 B.R. 1 · United States Bankruptcy Court, E.D. New York · Mar 20, 2006
During the post-petition period, the debtor met the requirements to qualify for Ford’s Blue Oval Certification, which would entitle it to certain post-petition incentive payments from Ford, which have not been paid. … Clearly this was the case; the BFG directors were subject to removal or termination by Bud and Kathleen Bennett, BFG’s sole shareholders, and had no authority except as given to them by the Bennett family.
Cited 37 timesPublishedAlexander W. Villescas and Lindsay Bunker
United States Bankruptcy Court, D. Utah · Jul 8, 2021
Section 348(f)(1)(A) clearly dictates that any property acquired during that time-frame is not part of the bankruptcy estate.”). 31 § 541(a)(6). … Ninth Circuit Bankruptcy Appellate Panel cited Reed and Haynes in the case of In re Rist,38 where the debtor entered into a pre-petition agreement to sell real property that was canceled because the purchasers failed to qualify
Cited 0 timesUnknownScungio Borst and Associates LLC
United States Bankruptcy Court, E.D. Pennsylvania · Aug 4, 2023
In order to establish a claim pursuant to §362(k)(1), the moving party must show by a preponderance of the evidence that (1) the creditor violated the automatic stay; (2) the violation of the stay was willful; and (3) the … The Third Circuit has adopted a broad interpretation of the term "individual" for purposes of qualifying to recover compensatory damages under § 362(k)(1).
Cited 0 timesUnknown418 B.R. 589 · United States Bankruptcy Court, S.D. Mississippi · Oct 19, 2009
This Court finds that the testimony of Gibson and Stelly does not establish that Rodriguez had knowledge of the liens at the loan closing. … Clearly, this is not a situation where a title examiner negligently overlooked an intervening lien while conducting a title search.
Cited 5 timesPublishedUnited States Bankruptcy Court, E.D. Michigan · May 10, 2023
A second line of cases, which this Court adopts, hold that the only hurdle to an award of emotional distress damages is proof that there is emotional harm that qualifies for an award of actual damages, and that there is … The two factors are balanced: the greater the extent of the creditor’s violations, the less corroborating evidence will be needed to establish compensable emotional distress. Id.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Sep 22, 2022
Just because the Sale Proceeds were not held in a segregated fund does not make them immune to an action for conversion. See Nissho Iwai Am. Corp. v. Siedler, No. 94 Civ. 513, 1995 WL 555699, at *3 (S.D.N.Y. … .2d 975, 976, 477 N.Y.S.2d 456 (1984) (reversing lower court’s dismissal of conversion claim in case where defendant withdrew funds from plaintiff’s bank account without authorization where “the funds in question were clearly
Cited 0 timesUnknownGoodman Networks, Inc. and Goodman Networks Inc d/b/a Goodman Solutions
United States Bankruptcy Court, N.D. Texas · Feb 6, 2024
The August 31 letter does not qualify as such, because the Debtor, Prosperity, and the Bondholders did not sign a tangible document that expressed the required disclosures. 2. … without the participation of any creditor.29 That is clearly not the situation before the Court in the instant case.
Cited 0 timesUnknown438 B.R. 237 · United States Bankruptcy Court, D. Montana · Sep 6, 2007
Poland (In re Poland), 222 B.R. 374 (Bankr.M.D.Fla. 1998) (“it is well established that once the Plaintiff has met the initial burden by producing evidence which establishes a basis for the objection, the Defendant has the … These flagrant violations of Wol-cott’s clear duty of honesty and forthrightness in the conduct of Wolcott’s bankruptcy clearly demonstrate a calculated intent to conceal property.
Cited 4 timesPublishedWelded Construction, L.P. v. The Williams Companies, Inc.
United States Bankruptcy Court, D. Delaware · Feb 4, 2025
The Dispute Resoiution Process The Contract establishes a dispute resolution mechanism. … It establishes an Incentive Program with three components——cost, schedule and safety.
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. New York · Jun 14, 2024
S.D.N.Y. 2014) (observing that, “if the current proceeding qualifies as one of the core proceedings enumerated in section 157(b)(2), then it follows that the Court has subject matter jurisdiction over the action as one … The recorded mortgage was clearly “in conflict” with the right that Debtor purports to have acquired in this litigation: ownership of the Property “free and clear” of any encumbrances.
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. New York · Oct 15, 2021
requires the plaintiff to establish proximate causation. … requirement for establishing a pattern of racketeering activity within meaning of RICO.
Cited 0 timesUnknownBerkley Insurance Company v. Keevers
United States Bankruptcy Court, D. New Hampshire · Aug 1, 2023
Nor can an attorney’s willingness to bear the burden of reproach provide blanket immunity to a debtor; it is well settled that reliance upon advice of counsel is, in this context, no defense where it should have been evident … Berkley “must establish the facts warranting denial of the discharge by a preponderance of the evidence.” Id.
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. Washington · Dec 23, 2019
In 2014, the MPT received an additional parcel of real property as a result of a Qualified 13 Personal Residence Trust created on December 18, 2000, which contained Howard’s residence located at 14 2850 Gulf Shore Rd. … Similarly, embezzlement cannot 1 be established as there is no indicia of fraud.
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Alabama · Feb 10, 2022
This Court has incorporated into its analysis the relevant factors established by the 11th Circuit Court of Appeals. … Rather than prove facts and establish legal theories, she uses documents to attack anyone and everyone involved.
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Alabama · Feb 10, 2022
This Court has incorporated into its analysis the relevant factors established by the 11th Circuit Court of Appeals. … Rather than prove facts and establish legal theories, she uses documents to attack anyone and everyone involved.
Cited 0 timesUnknown
Ask Donna