Case law

In re Pina

602 B.R. 72 · United States Bankruptcy Court, S.D. Florida. · Jun 25, 2019

debtors, creditors, judges and other actors in those cases and beyond have a right to know that all of her cases are tainted. 14 Attorney Diaz's Response suggests that her failure to comply with the requirement set forth clearly … In turn, Local Special Rule 1 of the Special Rules Governing the Admission and Practice of Attorneys (the "District Court Special Rules") provides that "[a]n attorney is qualified for admission to the bar of this District

Oldner

United States Bankruptcy Court, S.D. New York · Dec 5, 2025

In 1993, Arie, as grantor, established the Orly Trust and Sagi Trust for the benefit of Orly and her heirs, and Sagi and his heirs, respectively. Id. ¶¶ 7, 10. … Still, the Trustee argues that most courts faced with the same question have determined a bankruptcy trustee qualifies as an individual for purposes of section 362(k)(1). Opp’n ¶ 46 (citations omitted).

IIG Global Trade Finance Fund Limited (in Official v. International Investment Group L.L.C.

United States Bankruptcy Court, S.D. New York · Sep 11, 2025

Clearly a direct and knowing participation in the transactions that were fraudulently designed to conceal BCCI’s financial troubles was a form of “assistance” that sufficed to impose liability. … Supreme Court holding that the Natwest decision had been wrong in holding that the issue had been clearly resolved by prior decisions. See Bilta (UK) Ltd. (in liquidation) v. Tradition Fin. Serv.

In Re Attanasio

218 B.R. 180 · United States Bankruptcy Court, N.D. Alabama · Feb 6, 1998

bankruptcy, but this Court does not believe that it is helpful for determining whether those debtors should be dismissed from bankruptcy. 28 If coming to bankruptcy is, because debts have been incurred, irresponsible, all may qualify … The amount of the indebtedness, or the proportion of wages assigned, may here be small, but the principle, once established, will equally apply where both are very great.

Vara v. Cowan

United States Bankruptcy Court, D. New Jersey · Oct 23, 2019

speculate as to the financial history or condition of the debtor, nor should they be compelled to reconstruct the debtor's affairs.’”123 A person seeking protection under the Bankruptcy Code must have records to qualify … Clearly Debtor is a sophisticated businessman with complex business interests despite being unsuccessful with Home Group. He has vast experience in overseeing many employees and handling millions of dollars.

Highland Capital Management, L.P. v. Dondero

United States Bankruptcy Court, N.D. Texas · Jul 19, 2022

First, the unrefuted summary judgment evidence of Plaintiff clearly dispels any argument that prepayments may have averted any defaults. See Klos Dec. pp. 3-6; Pl. Ex. 198 (Loan Summaries). … Dondero or any affiliate of Highland and was not qualified to enter into the alleged agreement. The existence or terms of the alleged agreement were never disclosed by Mr.

Adkins v. MUCKLOW

United States Bankruptcy Court, S.D. West Virginia · Apr 4, 2023

His testimony often contradicted itself, and he very rarely answered questions clearly and concisely, which this Court considers a hallmark of truthfulness. … Elliot’s state court judgments, while they established the amount of the debts owed by Mr.

Elliot v. MUCKLOW

United States Bankruptcy Court, S.D. West Virginia · Apr 4, 2023

His testimony often contradicted itself, and he very rarely answered questions clearly and concisely, which this Court considers a hallmark of truthfulness. … Elliot’s state court judgments, while they established the amount of the debts owed by Mr.

Desarae LaShae Pearson

United States Bankruptcy Court, D. Utah · Feb 8, 2023

A reasonable attorney would have seen the withdrawal of Claim 1-1— something Broadbent appears to have overlooked—and, in light of that withdrawal, refrained from making the clearly frivolous and unsupported contention that … While the State Court did state that it was not ruling definitively on the validity of that judgment and did note that “there is an interesting issue of the retention of an issue by the original creditor,”92 that hardly qualifies

Halstead v. MUCKLOW

United States Bankruptcy Court, S.D. West Virginia · Apr 4, 2023

His testimony often contradicted itself, and he very rarely answered questions clearly and concisely, which this Court considers a hallmark of truthfulness. … Elliot’s state court judgments, while they established the amount of the debts owed by Mr.

Celsius Network LLC

United States Bankruptcy Court, S.D. New York · Mar 9, 2023

court found that notwithstanding the broad definition of “Liability” and a provision that the Debtor agreed to assume all “Liability,” the Court had to read a more specific section that listed “Excluded Liabilities” as qualifying … But the Committee ignores the fact that under New York law it is “well settled that where the parties have clearly expressed or manifested their intention that a subsequent agreement supersede or substitute for an old agreement

Deborah J. Piazza, as Chapter 7 Trustee of Poonam v. Keswani

United States Bankruptcy Court, S.D. New York · Jan 7, 2022

Piazza was appointed chapter 7 trustee for the Debtor's estate (the “Estate”) and qualified for and accepted that appointment. See 7056–1 Statement ¶¶ 1-2. … The Court finds no excuse for the Debtor’s refusal to comply with the Turnover Order, as it clearly and unambiguously sets forth the Debtor’s obligations and the Debtor has provided no explanation for her conduct.

McAfee III, in his capacity as Trustee of Marital v. Harman

United States Bankruptcy Court, N.D. Georgia · Mar 12, 2021

Additionally, to dismiss a claim based on an affirmative defense, the Court must find that Defendant can “‘establish the affirmative defense with certitude’” relying upon only the facts “‘definitively ascertainable from … Because Plaintiff is not the trustee or the United States Trustee, he may only object to Defendant’s discharge if he qualifies as a “creditor.”

Dugas

United States Bankruptcy Court, D. New Mexico · May 14, 2026

Thus, the Bender approach provides that “under § 362(c)(3), the § 362(a) stay is only terminated as to the the entire stay terminated 30 days after the filing of the Second Bankruptcy Case, there would clearly be no stay … Section 362(c) seems to establish a system of progressive protections, so protections for second-time filers should fall, as the bankruptcy court put it, “[i]n the middle.”

Sens v. Whiteford Taylor & Preston, LLP

United States Bankruptcy Court, D. Maryland · Sep 30, 2021

Sens applied for the requisite surety bonds and was required to have additional indemnitors to qualify for the bonds. Am. Compl. at ¶ 11; Mot. to Dismiss at p. 4. … Clearly, neither Debtor nor Debtor’s counsel acted with an intentional or manipulative disregard of the legal system. Barger, 279 B.R. at 906 (emphasis in original).

K3D Property Services, LLC

United States Bankruptcy Court, E.D. Tennessee · Nov 12, 2021

The court ultimately decided the injunction issue by concluding the partners would have to seek that relief first from the bankruptcy court by obtaining an injunction “after hearing and the establishment of unusual need … The Sixth Circuit spoke clearly in its statement of what must be present to make an injunction appropriate for a plan. The length of such an injunction was not a factor.

Schindler v. Milliron

United States Bankruptcy Court, D. Alaska · Mar 31, 2021

LEROY: I think your problems are probably the bigger items like you’re not – the excavator is clearly going to be Dry Creek, the Skidsteer is, the trailers are going to be Dry Creek. … (quoting Searles, 317 B.R. at 377). 29 a false oath.”169 Testimony given at a § 341(a) meeting also qualifies

Schindler v. Milliron

United States Bankruptcy Court, D. Alaska · Mar 31, 2021

LEROY: I think your problems are probably the bigger items like you’re not – the excavator is clearly going to be Dry Creek, the Skidsteer is, the trailers are going to be Dry Creek. … (quoting Searles, 317 B.R. at 377). 29 a false oath.”169 Testimony given at a § 341(a) meeting also qualifies

In re: 1333 BAECHER LANE VA, LLC

United States Bankruptcy Court, E.D. Virginia · Nov 4, 2025

The filing of a Subchapter V petition also establishes a ninety (90) day deadline to file a plan. … The record of the case clearly reflects that Mr.

Carey Macon

United States Bankruptcy Court, S.D. Georgia · May 2, 2025

In an adversary proceeding filed to resolve that dispute, the bankruptcy court ruled that the pre-petition and filing malpractice claims were clearly estate property. … Now, if you wanted to treat creditors more adversely than they had been treated in a plan, clearly you've got to have a modification.