), Oklahoma Nat., Once again reviewing the limited evidence presented by the Appellant to support his claims, the only evidence of tortious interference presented was his testimony that the Debtor separated the Tylers and the Appellant from the Order, in general, and Father Reilly, in particular.
, Since the Bankruptcy Court found that the Transfers were payments of funds held in an express trust by the Debtor, it did not address whether the money held by the Debtor was a constructive trust or whether any of the statutory defenses outlined in § 547(c)[3] were applicable.
42, 53 L. Ed. 126 (1908)., SO ORDERED. The bankruptcy clerk must transmit the notice of appeal, motion for leave to appeal and any answers thereto to the clerk of the bankruptcy appellate panel as soon as the parties have filed answers or the time for filing an answer has expired.
If First Vermont and the Debtors are held to their on-the-record alleged agreement, H C avers, its secured claim is far greater than that found by the Bankruptcy Court and the order confirming the Second Amended Plan should be reversed. v. Stein Day, Inc., 884 F.2d 675, 679 (2d Cir.1989);
, Contempt Motion I alleges only that oral or written statements were made by Ibar or his counsel during many months of contentious negotiations post-confirmation in which the Appellees allegedly made threats to file claims which would have violated the Bankruptcy Court Orders.
, We agree with the Bankruptcy Court that Cazenovia and Renshaw intended the transaction evidenced by the Reservation Agreement to be a contract for the sale of goods and services, and not an educational loan, for several reasons., BUCKI, Bankruptcy Judge dissenting. Grand Union, 219 F. at 356.
(Appellant or Britain) appeals the order of the bankruptcy court dated March 2, 1998, dismissing Britain's involuntary chapter 7 petition against Allen-Main Associates, Ltd. Partnership (Appellee or Allen-Main) pursuant to § 303 of the Bankruptcy Code (11 U.S.C. §§ 101-1330) (Code).
First Vermont Bank and Trust Co. (First Vermont) has responded to the appeal but Gregory D. Miner and Dawn Miner (the Debtors) have not. And that settlement is essentially for the valuation of their claim. 2454, 57 L. Ed. 2d 351 (1978) (quoting Catlin v. United States, 324 U.S. 229, 233, 65 S. Ct.
[3], On February 17, 1998, the court issued a separate Ruling and Order finding that AT T was not substantially justified in prosecuting its suit against Debtor and awarded her $4, 020 in attorneys' fees. United States v. $19, 047.00 in U.S. Currency, 95 F.3d 248 (2d Cir.1996);
The debtor leased the New Hartford store from William Morris (the appellee), who received notice of the motion.[11] The bankruptcy court's ruling that the debtor's plan rejected the New Hartford lease denied the appellants their vested rights under the assumption order and the Agreement.
, Green Tree appeals[1] from an order of Bankruptcy Judge Gerling that denied its motion for summary judgment which claimed Debtor could not modify the rights of Green Tree under § 1322(b)(2) of the Bankruptcy Code. Her personal property included the mobile home that she valued at $10, 000.
and (3) the fact that International did not need any additional documentation from Pappas in order to conduct a retrial, are factors which should weigh against granting International an extension of time to file a complaint in the Debtor's bankruptcy case. 145, 130 L. Ed. 2d 85 (1994);
Issue Presented, The sole issue presented by the parties on appeal is whether the Bankruptcy Court erred in finding that the Debtor's March 6, 1996 repayment was a transfer on account of an antecedent debt owed by the debtor before such transfer was made within the meaning of Section 547(b)(2).
, LIFLAND, Bankruptcy Judge., Appellant Roland A. Blaise, Sr. (the Debtor or Appellant) appeals the order of the bankruptcy court dated August 28, 1997 (the Conversion Order) converting this chapter 13 case to a case under chapter 7 of title 11 of the United States Code (the Bankruptcy Code).
E. If, however, Rainbow Trust failed to make either of the payments, the Stipulation authorized Moulton to seek, without further notice, the entry of a judgment against Rainbow Trust for $965, 756.00 and costs, less only any sums paid pursuant to [the Stipulation]. Extent of lien;
, United States Bankruptcy Appellate Panel of the Second Circuit. By the Payment Account Agreement the Debtor granted the banks a security interest in the monies on deposit in the Payment Account equivalent to one month's advance payment due on all of the leases sold to that bank (the Collateral).
2187, 2190, 124 L. Ed. 2d 424. the plan may For example, in Koopmans v. Farm Credit Services of Mid-America, ACA, 102 F.3d 874 (7th Cir.1996), the Court of Appeals for the Seventh Circuit addressed the applicable interest rate in the case of an oversecured loan in a Chapter 12 cramdown.
, United States Bankruptcy Appellate Panel of the Second Circuit. In this instance, the separate paper rule has as a purpose, among many, to relieve the Clerk of the Bankruptcy Court from the duty of having to ascertain by reading the Notice of Appeal to what court an appellant is appealing.
of Carle Place, L.P. In addition, Citizens will suffer some injury from its inability to satisfy its debt. 353 (after learning that a debtor had filed a chapter 13 petition before receiving his chapter 7 discharge, the court sua sponte issued an order to show cause to dismiss the chapter 13 case).
487, 88 L. Ed. 659 (1944); On the other hand, particularly in light of the fact that Prudential did not purport to act as management, the bankruptcy court could find that Zeisler Zeisler was well justified in continuing to act on behalf of the estate. 76 F.3d 66, 72 (2d Cir.1996);
