Case law
Opinions from 1658 to today.
7,439 results
1.39s
United States Bankruptcy Court, D. Arizona · Jun 15, 2020
” refinance the Property as required by the MSA.75 This pleading 20 filed in the Illinois State Court by Defendant’s lawyer notes that she had been told by a 21 banker that her debt to income ratios were too high to qualify … Reversing the trial court, the Illinois Court of Appeals found 22 that specific language in the separation agreement “clearly indicated the marital residence 23 was security for the [wife’s] equity interest …Thus, it
Cited 0 timesUnknownAlacrity Holdings 6, LLC v. Popli
United States Bankruptcy Court, N.D. Georgia · Sep 11, 2023
The Court also heard testimony from Klein, the former manager of Alacrity, who was qualified as an expert on rental values for convenience stores. … This clearly shows that someone with keys to the store did this damage to the Property. And who had the keys to the Property? Popli and his subtenant.
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. Ohio · Mar 12, 2021
See In re Krohn, 886 F.2d at 126 (inability of a debtor to qualify for Chapter 13 relief not dispositive of abuse of Chapter 7); In re Meehean, 619 B.R. 371, 379 (E.D. Mich. … Fla. 2020) (Chapter 13 Trustee met burden of establishing that debtor’s history of receiving bonuses from 2016 to 2020 were “known or virtually certain to occur” in the future and should have been included in proposed Chapter
Cited 0 timesUnknownIn Re Palumbo Family Ltd. Partnership
182 B.R. 447 · United States Bankruptcy Court, E.D. Virginia · Apr 3, 1995
Better Homes of Virginia, Inc., 804 F.2d 289 , 292 (4th Cir.1986) (holding that a debtor corporation qualifies as an “individual” under § 362(h)). … The Court of Appeals for the Fourth Circuit has elaborated further: Only in those rare instances in which there is a clearly expressed legislative intent to the contrary, in which a literal application of the statute would
Cited 39 timesPublished502 B.R. 673 · United States Bankruptcy Court, S.D. New York · Dec 12, 2013
On the Effective Date, the Liquidating Trustee shall establish an administrative fund (the “Administrative Fund”). … Capstone’s dismissive attitude was clearly portrayed to the Court through Mr.
Cited 10 timesPublishedUnited States Bankruptcy Court, D. South Carolina · Nov 3, 2025
lacked sufficient mental capacity to testify regarding her financial affairs at her meeting of creditors,50 and given the recent medical report regarding her cognitive abilities,51 the record before the Court does not clearly … establish—and indeed suggests otherwise—that Debtor had the “contractual capacity” necessary under South Carolina law to execute the power of attorney in favor of Ms.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. South Carolina · Nov 3, 2025
lacked sufficient mental capacity to testify regarding her financial affairs at her meeting of creditors,50 and given the recent medical report regarding her cognitive abilities,51 the record before the Court does not clearly … establish—and indeed suggests otherwise—that Debtor had the “contractual capacity” necessary under South Carolina law to execute the power of attorney in favor of Ms.
Cited 0 timesUnknownMission Product Holdings, Inc. v. Schleicher & Stebbins Hotels, LLC
United States Bankruptcy Court, D. New Hampshire · Aug 6, 2021
The next day, the Debtor filed a motion to establish procedures for the sale of substantially all of its assets free and clear of liens, claims, and interests [Dkt. … See In re Old Cold, LLC, 558 B.R. 500, 520–21 (B.A.P. 1st Cir. 2016) (determining that the bankruptcy court did not clearly err when concluding S&S conducted itself in good faith and that the bidding procedures were conducted
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. Texas · Oct 10, 2025
Fowler responded to questions clearly, completely, and directly.62 Thus, the Court finds that each witness is credible and gives equal weight to the testimony of each witness. … that writings with pertinent omissions may qualify as ‘materially false’ for purposes of § 523(a)(2)(B).”76 A false statement about a single asset can be a materially false “statement respecting the debtor
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. California · Aug 29, 2025
In addition, "a claim may . . . be set 9 off without regard to whether it is contingent or unliquidated, as long as the claim qualifies as 'mutual' under applicable nonbankruptcy law . . . ." … Because "recoupment is in the nature of a right to reduce the amount of a claim, and does not involve establishing the existence of independent 7 obligations," 5 Collier on Bankruptcy ¶ 553.10 (Richard
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. California · Aug 29, 2025
In addition, "a claim may . . . be set off without regard to whether it is contingent or unliquidated, as long as the claim 13 qualifies as 'mutual' under applicable nonbankruptcy law . . . ." … Because "recoupment is in the nature of a right to reduce the amount of a claim, and does not involve establishing the existence of independent 10 obligations," 5 Collier on Bankruptcy ¶ 553.10 (Richard
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. Texas · May 21, 2026
Travis County qualifies as an impaired accepting class. 2. … This was a highly negotiated resolution of a dispute between experienced and sophisticated parties that is clearly an attempt to resolve a bad situation, which would only be made worse (and more expensive) by continued
Cited 0 timesUnknownUnited States Bankruptcy Court, W.D. Texas · May 21, 2026
Travis County qualifies as an impaired accepting class. 2. … This was a highly negotiated resolution of a dispute between experienced and sophisticated parties that is clearly an attempt to resolve a bad situation, which would only be made worse (and more expensive) by continued
Cited 0 timesUnknownNorthern Beef Packers Limited Partnership
United States Bankruptcy Court, D. South Dakota · Aug 29, 2016
Most important, dealing with any objections to the proposed sale clearly fell within the scope of White Oak's commitment at the September 12, 2013 hearing to fully fund the sale process through 24Details regarding the … Because this issue was not raised previously, Bantz, Gosch may request an evidentiary hearing to establish it was qualified to represent Debtor in the chapter 11 as general counsel under 8 327(a).
Cited 0 timesUnknownO'Neal v. Southwest Missouri Bank of Carthage (In Re Broadview Lumber Co.)
168 B.R. 941 · United States Bankruptcy Court, W.D. Missouri · Jun 28, 1994
The trustee contends that Mercantile has the burden of establishing that it did not have actual knowledge of Richard Mansfield’s breach of fiduciary duty and that it acted in good faith. … Clearly Richard and Jenny Mansfield would be unjustly enriched if SMB were to pay $46,-939.36 and have no recourse against them, since they are the ones who received those funds.
Cited 21 timesPublishedUnited States Bankruptcy Court, D. Nevada · Jan 8, 2026
operating reports, compliance with various reporting requirements, and work toward reorganization rebutted a finding of bad faith, then every debtor who complied with the bare minimum of procedural requirements would be immunized … Yet, she has clearly demonstrated the ability to file and prosecute multiple cases and appeals. She frequently alleges that her difficulties are attributable at least in part to the sheer volume of these proceedings.
Cited 0 timesUnknownUnited States Bankruptcy Court, C.D. Illinois · Jun 7, 2022
Subsection (b) clearly applies to Subchapter V cases, specifically barring compensation for the UST or a standing trustee appointed under §586(b). See 11 U.S.C. §326(b). … Such “detailed applications establish the ‘actual,’ while an accompanying narrative explanation of the ‘how’ and ‘why’ establishes the ‘necessary.’” In re Wildman, 72 B.R. 700, 707 (Bankr. N.D. Ill. 1987).
Cited 0 timesUnknownOi S.A. and Antonio Reinaldo Rabelo Filho
United States Bankruptcy Court, S.D. New York · Oct 1, 2025
Section 1521(a) enables the Court to provide “any appropriate relief” and the Motion argues that dismissal under Section 305 would qualify as appropriate relief. See id. ¶ 4. … Clearly, a successful rescue of the Company would be a better outcome than a liquidation that would occur over six plus years. See Hr.
Cited 0 timesUnknownCHRISTOPHER F. GRAHAM, as Plan Administrator of th v. Serafis
United States Bankruptcy Court, S.D. New York · Aug 31, 2021
Solvency should be measured on a going concern basis unless the demise of the business is so clearly imminent that the business is incapable of generating any ongoing revenues. … In fact, I find it difficult to imagine transactions that would be less qualified for characterization as “ordinary course of business” transactions that did not require court approval. A.
Cited 0 timesUnknownCHRISTOPHER F. GRAHAM, as Plan Administrator of th v. 135 WAVERLY REALTY, LLC
United States Bankruptcy Court, S.D. New York · Aug 31, 2021
Solvency should be measured on a going concern basis unless the demise of the business is so clearly imminent that the business is incapable of generating any ongoing revenues. … In fact, I find it difficult to imagine transactions that would be less qualified for characterization as “ordinary course of business” transactions that did not require court approval. A.
Cited 0 timesUnknown
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