Case law

RJT Real Estate Holdings, LLC v. Davis

United States Bankruptcy Court, D. Utah · Apr 1, 2021

so that he could offer it to a lending institution as proof that he had been receiving payments and thereby qualify for a loan. … Rather, in order to establish the promissory estoppel exception to the statute of frauds, the acts and conduct of the promissor must so clearly manifest an intention that he will not assert the statute that to permit

Ajasa v. WELLS FARGO BANK, N.A.

United States Bankruptcy Court, E.D. New York · Apr 7, 2021

It is well established that the question of jurisdiction should be addressed as early in a proceeding as possible. Key Mechanical Inc. v. … The Court observed that the Full Faith and Credit clause requires that “[a] final judgment in one State, if rendered by a court with adjudicatory authority over the subject matter and persons governed by the judgment, qualifies

Hage v. Fuller

United States Bankruptcy Court, S.D. New York · May 12, 2025

Mar. 23, 2023) (holding that a “mixed question of law and fact . . . does not constitute a pure statement of fact that qualifies as a judicial admission”). … Bankruptcy courts often approve “stalking horse” agreements that establish a baseline for a possible sale.

Kaiser Gypsum Company, Inc.

United States Bankruptcy Court, W.D. North Carolina · Nov 13, 2020

This includes attorneys’ fees and expenses for work that qualifies as a remedial action [Id.]. 7. … The circumstances here are clearly distinguishable.

Bonnie Sue Ostrander

United States Bankruptcy Court, N.D. Ohio · Apr 1, 2022

While direct evidence of fraudulent intent is difficult to attain, a creditor may establish fraudulent intent where the circumstances establish “badges of fraud.” Vancrest at 1064, citing Blood v. … In a way, Taggart represents the bankruptcy version of qualified immunity for creditors.

Rable v. Childers

United States Bankruptcy Court, N.D. Ohio · Mar 30, 2023

Corp., 643 F.2d 413 (6th Cir. 1981) to establish Defendant’s personal liability. … Statements about the amount of work completed and payment to subcontractors and materialmen qualify as representations of past or existing facts. See e.g., 4200 Laclede Corp. v.

Garcia Grain Trading Corp. v. Plascencia, Sr.

United States Bankruptcy Court, S.D. Texas · Jun 24, 2024

those well-pleaded factual allegations in the complaint.”37 In addition to facts alleged in the pleadings, however, the Court “may also consider matters of which [it] may take judicial notice.”38 Additionally, “it is clearly … of a resulting trust and has demonstrated that Plaintiff had an interest in the Real Properties.81 Having an interest in property however is insufficient to establish

Max E. Salas

United States Bankruptcy Court, District of Columbia · Oct 13, 2020

Accounts for expenses associated with the Property have been established in Max’s name, including all electric and water utility accounts, cable and internet accounts, and a Deluxe-Home … In any event, regardless of whether the three transcripts qualify as “newly discovered evidence”, the transcripts do not justify Rule 60(b)(2) relief.

In Re Moore

290 B.R. 851 · United States Bankruptcy Court, N.D. Alabama · Mar 25, 2003

. §§ 880 — 891 (2001), the United States Department of Housing and Urban Development (hereinafter sometimes “HUD”) pays subsidies, referred to as rent assistance, to landlords for qualified low income tenants who otherwise … As a result and unlike Queens Boulevard , the Weaver reference to equity principles was in the context of established state law which prevented the lease at issue from having been ended.

Boy Scouts of America

United States Bankruptcy Court, D. Delaware · Jul 29, 2022

We were clearly told by the Boy Scouts that does not exist under death trap Plan B.” … Whether Debtors are correct may be in dispute, but it has clearly been their position.

Clinton Nurseries, Inc.

United States Bankruptcy Court, D. Connecticut · Aug 28, 2019

That section was first adopted as part of the very law establishing the current Bankruptcy Code in 1978, a law entitled “An act to establish a uniform Law on the Subject of Bankruptcies.” Pub. … Justice Scalia’s footnote, in turn, cites Sperry, 493 U.S. at 63, which qualifies that user fees are, by definition, reasonable. Takings, it follows, are unreasonable.

Feilitech US LLC

United States Bankruptcy Court, N.D. Mississippi · Dec 21, 2023

Highway Express, 488 F.2d 714 (5th Cir. 1974) (establishing additional factors used to determine the reasonableness of attorney’s fees.) Miss. … The fourth exhibit consists of declarations (the “Attorney Declarations”) concerning the standard hourly rates from several well qualified bankruptcy practitioners who practice in the state of Mississippi.

Highland Capital Management, L.P.

United States Bankruptcy Court, N.D. Texas · Mar 6, 2023

stated that “expressions of impatience, dissatisfaction, annoyance, and even anger, that are within the bounds of what imperfect men and women, even after having been confirmed as federal judges, sometimes display” do not establish … Dondero gave Patrick the idea of challenging Seery’s conduct, and he worked with the Sbaiti firm to bring that idea to fruition in the complaint—a complaint that clearly contemplated adding Seery to the lawsuit.

Feilitech US LLC

United States Bankruptcy Court, N.D. Mississippi · Dec 21, 2023

Highway Express, 488 F.2d 714 (5th Cir. 1974) (establishing additional factors used to determine the reasonableness of attorney’s fees.) Miss. … The fourth exhibit consists of declarations (the “Attorney Declarations”) concerning the standard hourly rates from several well qualified bankruptcy practitioners who practice in the state of Mississippi.

In re: Betteroads Asphalt LLC; In re: Bettercycling Corporation

United States Bankruptcy Court, D. Puerto Rico · Oct 11, 2019

The court sates that it may have not heard the allegation clearly but that the ruling as to standing stands. … An issue that the corporations were closed or remained operating was not something clearly alleged as a ground or defense for the filing of the motions.

B-Bar Tavern Inc. v. Prairie Mountain Bank (In re B-Bar Tavern Inc.)

506 B.R. 879 · United States Bankruptcy Court, D. Montana · Dec 18, 2013

plain statutory text, but also with the settled principle that “[creditors’ entitlements in bank *911 ruptcy arise in the first instance from the underlying substantive law creating the debtor’s obligation, subject to any qualifying … Further, PMB argues that the amount of the loan decreased from $850,000 to $741,041.10, reducing the risk to Dick and B-Bar Tavern by $108,958.90, which clearly benefitted Plaintiff.

The Bankruptcy Estate of Norske Skogindustrier AS and Tom Hugo Ottesen - Adversary Proceeding

United States Bankruptcy Court, S.D. New York · Oct 4, 2021

The New York Court of Appeals has provided examples of each type of rule, stating that “rules of the road” are conduct-regulating, while “charitable immunity statutes, guest statutes, wrongful death statutes, vicarious … Under this approach, no one factor alone is sufficient to establish pro forma. (Id. ¶ 89.)

LLC 1 07CH12487

United States Bankruptcy Court, N.D. Illinois · Sep 30, 2019

In so doing, Etter has perhaps inadvertently established the elements of dismissal under section 707(a)(1). … The ruling at that hearing was nonetheless more than sufficient to establish cause under section 707(a) to dismiss this Case.

Gatzke v. Christian (In Re Gatzke)

365 B.R. 138 · United States Bankruptcy Court, D. Montana · Mar 27, 2007

This provision of Ex. 13/D qualifies as an exception to the American Rule, but only with respect to Gatzke’s claims based upon Christian’s default in the accounting and paying Gatzke costs as required by Ex. 13/D. … The Court stated that Ex. 56 does not establish anything as to the weather conditions at Harmony Court six miles away. Tr., p. 238. 27 .

Arcapita Bank B.S.C.(C)

United States Bankruptcy Court, S.D. New York · Feb 3, 2023

The automatic stay also clearly applies extraterritorially. See In re Arcapita, 575 B.R. 229, 250-51 (rejecting BisB’s argument that the Section 362 did not apply extraterritorially); see also Bernard L. Madoff Inv. … As discussed above, the record here establishes that BisB acted to willfully violate Arcapita’s belief that it was applicable in this case.