Case law

NRCT, LLC

United States Bankruptcy Court, N.D. Georgia · Apr 19, 2021

In Vascular Access before representing the debtor, the professional represented an LLC that was clearly adverse to the debtor. 613 B.R. at 627. … The mere fact that the estate may not have suffered or established any actual financial loss is not the issue.

Sugarloaf Centre, LLC

United States Bankruptcy Court, N.D. Georgia · Nov 17, 2020

But, even if an objector does not qualify as a party in interest under this section, the bankruptcy court has a duty to review fee applications notwithstanding the absence of objections by the trustee, debtor, or creditors … Thakkar filed a Motion Requesting Establishment Of Deadlines And Procedures For Dismissal Of Bankruptcy Case of Sugarloaf Centre, LLC (Case No. 15-58440 Doc. No. 1392).

Culberson v. Nationstar Mortgage, LLC dba Mr. Cooper

United States Bankruptcy Court, E.D. Tennessee · Jun 10, 2022

Thus, there was clearly an estate that could benefit from a recovery in Cawood.” (Doc. No. 14 at 2 (citations omitted).) E. … Nevertheless, we need not accept as true any conclusory legal allegations that do not include specific facts necessary to establish the cause of action.

Michael Rodger Brown

United States Bankruptcy Court, S.D. New York · Mar 13, 2020

Periera, Esq. was appointed chapter 7 trustee for the Debtor’s estate (the “Chapter 7 Trustee”) and qualified for and accepted that appointment. … Clearly, the Defendant mistakenly believed that he had escaped the microscope that the U.S.

Hal Luftig Company, Inc.

United States Bankruptcy Court, S.D. New York · Dec 7, 2023

Here, the Plan is clearly non-consensual, as FCP did not vote to accept the plan. (Voting Declaration ¶ 12.) Accordingly, confirmation of the Plan is only possible pursuant to Section 1191(b). … The stay in no way affects the duty of [all courts] to apply now the precedent established by [the circuit case] as binding authority.’”) (quoting Martin v.

Hal Luftig Company, Inc.

United States Bankruptcy Court, S.D. New York · Nov 22, 2023

Here, the Plan is clearly non-consensual, as FCP did not vote to accept the plan. (Voting Declaration ¶ 12.) Accordingly, confirmation of the Plan is only possible pursuant to Section 1191(b). … The stay in no way affects the duty of [all courts] to apply now the precedent established by [the circuit case] as binding authority.’”) (quoting Martin v.

Lowe v. American Student Financial Group, Inc.

United States Bankruptcy Court, W.D. Texas · Jun 23, 2020

The MPNs are not securities under Texas securities law and also qualify for an exception under Texas securities law. … The MPNs were not issued publicly and were given only to Dickinson entities (San Antonio, Tulsa, and Austin); clearly less than 35 holders in total.

BAM TRADING SERVICES INC. d/b/a BINANCE.US v. VOYAGER DIGITAL, LLC, VOYAGER DIGITAL HOLDINGS, INC., VOYAGER DIGITAL LTD., AND MICHAEL WYSE, IN HIS CAPACITY AS THE PLAN ADMINISTRATOR OF THE WIND-DOWN DEBTOR

United States Bankruptcy Court, S.D. New York · Nov 25, 2025

I meant what the words clearly said. II. … More particularly, section 4.10 stated: Except for the representations and warranties expressly contained in this Article IV (as qualified by the Schedules and in accordance with the

In Re Gillette Associates, Ltd.

101 B.R. 866 · United States Bankruptcy Court, N.D. Ohio · Jun 7, 1989

After establishment of the BANK ONE account, additional POST LAND COMPANY funds amounting to approximately Two Hundred Fifty Thousand & 00/100 Dollars ($250,000.00) were deposited to the account. … To qualify as confirmable, a plan must satisfy all the requirements of 11 U.S.C. Sec. 1129 . That section provides two means by which a plan may be confirmed.

GOL Linhas Aereas Inteligentes S.A. and Gol Finance (Luxembourg)

United States Bankruptcy Court, S.D. New York · May 22, 2025

Purdue Pharma, the Supreme Court declined ‘to express a view on what qualifies as a consensual release.’ . . . … The Supreme Court established an implied consent standard in Roell, holding that waiver based on “actions rather than words” was sufficient. Id.at 589.

Hardwick Clothes, Inc. v. Jahn, Jr.

United States Bankruptcy Court, E.D. Tennessee · Nov 13, 2019

This exhibit did not contain any qualifying language such as that used in the April 16 Exhibit 2.01 to indicate that the items listed were still subject to revision at a later date. … However, if the contract is ambiguous, then “the court must apply established rules of construction to determine the intent of the parties.”

Jackson Family Dentistry, LLC v. Major Dental Partners, LLC

United States Bankruptcy Court, E.D. Wisconsin · Aug 11, 2023

This description of “arising in” jurisdiction—employed here by the District Court for the District of Columbia in determining jurisdiction under §1334(b) of a fee dispute in a bankruptcy case between a committee established … “If a state law issue is not unsettled . . . then the bankruptcy court is qualified to resolve the issue, and there is no need to refer it to a state court.” Chi., Milwaukee, St. Paul & Pac.

Harrison, Jr. v. Konfino

United States Bankruptcy Court, S.D. New York · Apr 29, 2020

He said that he did so because he thought those prices were fair, but he also admitted that he himself was not qualified to assess the current values of diamonds. … However, the purported sales were so clearly not “commercially reasonable” in other respects that it is not necessary to decide this point. party.

Deborah G Steiner -BELOW MED

United States Bankruptcy Court, W.D. Missouri · Feb 14, 2025

Chapter 13 Trustee had requested, plus documentation regarding the student loans to show they qualified for direct payment. The Court stated that no one – least of all the Court – wanted to see Ms. … to the Chapter 13 Trustee; the failure to obtain confirmation despite having had more than a year and having filed no less than ten plans; the repudiation of notes, deeds of trust, leases and other agreements she had clearly

Jessie R. Thomas and Taheesha Thomas

United States Bankruptcy Court, M.D. Pennsylvania · Oct 18, 2023

For requests for compensation, the burden of proof rests on the applicant to establish that the fees earned are reasonable. Zolfo, Cooper & Co. v. … Review of bank statements, obtain values (Kelley Blue Book and NADA) for vehicles to determine if they qualify for a cramdown.