Final Ruling Sample Clauses

Final Ruling. This motion for relief from the automatic stay has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the trustee, the debtor and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Xxxxxxx x. Xxxxx, 46 X.0x 00, 00 (0xx Xxx. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Xxxxx x. Xxxx (In re Xxxxxx), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).
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Final Ruling. This motion has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the debtors and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali x. Xxxxx, 46 X.0x 00, 00 (0xx Xxx. 1995). Furthermore, because the court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Xxxxx x. Xxxx (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. See Rule 9013-1(j)(3).
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Final Ruling. The Court has posted a ruling granting the motion for default judgment filed by the debtor [Calendar #22]. Accordingly, the status conference is unnecessary and hereby taken off calendar. No appearance is necessary. Party Information Debtor(s): Xxxxxxxxxx Xxxxxxxxx Represented By Xxxx Xxxxxx - INACTIVE - Xxxxxxx Xxxxx Xxxxxx X Xxxxxx Defendant(s): GE Money Bank Pro Se Plaintiff(s): Xxxxxxxxxx Xxxxxxxxx Represented By Xxxxxxx X Xxxxxx 10:30 AM CONT...
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Final Ruling. The Court has posted a ruling granting the motion for default judgment filed by the debtors [Calendar #24]. Accordingly, the status conference is unnecessary and hereby taken off calendar. No appearance is necessary. Party Information Debtor(s): Xxxxxx X Xxxxxxx Represented By Xxxx Xxxxxx - INACTIVE - Xxxxxxx Xxxxx Xxxxxx X Xxxxxx Defendant(s): Navy Federal Credit Union Pro Se Joint Debtor(s): Xxxxxxx X Xxxxxxx Represented By Xxxx Xxxxxx - INACTIVE - Xxxxxxx Xxxxx Xxxxxx X Xxxxxx 10:30 AM CONT... Xxxxxx X Xxxxxxx Chapter 13 Plaintiff(s): Xxxxxx X Xxxxxxx Represented By Xxxxxxx X Xxxxxx Xxxxxxx X Xxxxxxx Represented By Xxxxxxx X Xxxxxx Trustee(s): Rod (WJ) Xxxxxxxxx (TR) Pro Se 10:30 AM 6:13-19932 Xxxxx Xxxxxxxx Chapter 13 Adv#: 6:17-01234 Xxxxxxxx et xx x. JPMORGAN CHASE BANK, N.A., SUCCESSOR IN #17.00 Status conference re: Complaint to avoid junior lien on principal residence [Property: 00000 Xxxxxxxxx Xxxxx, Xxxxxx Xxxxxx, XX 00000] Docket 1 Tentative Ruling: - NONE LISTED - Party Information Debtor(s): Xxxxx Xxxxxxxx Represented By R Xxxxx Xxxxxxxxx Defendant(s): JPMORGAN CHASE BANK, N.A., Pro Se Five Lakes Agency, Inc. Pro Se Joint Debtor(s): Xxxxx Xxxxxxxx Represented By R Xxxxx Xxxxxxxxx Plaintiff(s): Xxxxx Xxxxxxxx Represented By R Xxxxx Xxxxxxxxx Xxxxx Xxxxxxxx Represented By R Xxxxx Xxxxxxxxx Trustee(s): Rod (WJ) Xxxxxxxxx (TR) Pro Se 10:30 AM 6:17-14622 Xxxxx Xxxx Chapter 7 Adv#: 6:17-01224 Grobstein, Chapter 7 Trustee x. Xxxx
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Final Ruling. No opposition has been filed. This application for compensation has been set for hearing on the notice required by LBR 2016-1(c)(4). No appearance is necessary. The Court thanks the trustee for his efforts in the case. Pursuant to the trustee's final report, the following administrative claims will be allowed:
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Final Ruling. In the event of any dispute as to whether a party has breached this Agreement pursuant to Section 7.3 above or whether a cure has been effected, the matter shall be submitted to litigation pursuant to Section 9 hereof, and there shall be no termination of the license under this Agreement unless and until there is a final ruling that there has been an uncured breach, as provided herein.
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Final Ruling. The Court has posted a ruling granting the motion for default judgment filed by the debtors [Calendar #17]. Accordingly, the status conference is unnecessary and hereby taken off calendar. No appearance is necessary. Party Information Debtor(s): Xxxxxx X. Xxxxxx Represented By Xxxxx X Xxxxxx Summer M Xxxx Defendant(s): JPMorgan Chase Bank, N.A. Pro Se Joint Debtor(s): Xxxxxx X. Xxxxxx Represented By Xxxxx X Xxxxxx 10:30 AM CONT... Xxxxxx X. Xxxxxx Summer M Xxxx Chapter 13 Plaintiff(s): Xxxxxx X. Xxxxxx Represented By Xxxxx X Xxxxxx Xxxxxx X. Xxxxxx Represented By Xxxxx X Xxxxxx Trustee(s): Xxx Xxxxxxxxx (TR) Pro Se 10:30 AM 6:15-14995 Xxxxxxxxx X Xxxxxxxxx Chapter 13 Adv#: 6:19-01147 Xxxxxxxxx v. CIT BANK, N.A. formerly known as ONEWEST BANK FSB #13.00 Status conference re: Compliant to avoid junior lien on principal residence Property: 0000 X. Xxxxxxxx Ave., San Bernardino, CA 92405 Docket 1 Tentative Ruling: 1/16/2020: None.
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Related to Final Ruling

  • IRS IRS shall mean the Internal Revenue Service.

  • Tax Ruling The Assuming Institution shall not at any time, without the Receiver’s prior written consent, seek a private letter ruling or other determination from the Internal Revenue Service or otherwise seek to qualify for any special tax treatment or benefits associated with any payments made by the Receiver pursuant to this Single Family Shared-Loss Agreement.

  • Tax Rulings Neither the Company nor any of its Subsidiaries has requested or is the subject of or bound by any private letter ruling, technical advice memorandum, or similar ruling or memorandum with any taxing authority with respect to any material Taxes, nor is any such request outstanding.

  • Final Determination His/her determination is final unless, within ten (10) days after notification, a recognized employee organization requests in writing to meet and confer thereon.

  • Section 280G Matters If the benefits described in Sections 1 and 2 herein, as applicable, (the "Severance Payment") would otherwise constitute a parachute payment under Section 280G of the Internal Revenue Code of 1986, as amended (the "Code"), and but for this Section would be subject to the excise tax imposed by Section 4999 of the Code (the "Excise Tax"), Executive shall either: (i) pay the Excise Tax, or (ii) have the benefits reduced to such lesser extent as would result in no portion of such benefits being subject to the Excise Tax, whichever of the foregoing amounts, taking into account the applicable federal, state and local income taxes and the Excise Tax, results in the receipt by Executive on an after-tax basis, of the greatest amount of benefits, notwithstanding that all or some portion of such benefits may be taxable under Section 4999 of the Code. Unless the Company and Executive otherwise agree in writing, any determination required under this Section 5 will be made in writing by a national "Big Four" accounting firm selected by the Company or such other person or entity to which the parties mutually agree (the "Accountants"), whose determination will be conclusive and binding upon Executive and the Company for all purposes. For purposes of making the calculations required by this Section 5, the Accountants may make reasonable assumptions and approximations concerning applicable taxes and may rely on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The Company and the Executive shall furnish to the Accountants such information and documents as the Accountants may reasonably request in order to make a determination under this Section. The Company shall bear all costs the Accountants may reasonably incur in connection with any calculations contemplated by this Section 5. Any reduction in payments and/or benefits required by this Section 5 shall occur in the following order: (1) reduction of cash payments; (2) reduction of vesting acceleration of equity awards; and (3) reduction of other benefits paid to Executive. In the event that acceleration of vesting of equity awards is to be reduced, such acceleration of vesting shall be cancelled in the reverse order of the date of grant for Executive's equity awards.

  • Private Letter Ruling If Lessee or any of its Affiliates decides to pursue a request for a PLR, determination letter, Pre-Filing Agreement or other written guidance from the IRS (the “IRS Guidance”) with respect to any aspect of the transactions contemplated by this Agreement or any of the other Transaction Documents or in relation to the Facility, the Parties shall consider in good faith and make such amendments to this Agreement as may be necessary to permit Lessee to obtain the IRS Guidance. Neither Party shall be required to agree to any such amendment that it reasonably determines, in good faith, is adverse to such Party in any material respect; provided that Lessor shall not withhold its agreement to any such amendment if Lessee has agreed to fully compensate Lessor for any adverse economic effect on Lessor resulting from such amendment and such amendment would not cause any material adverse effect on Lessor for which it cannot adequately be compensated by Lessee.

  • Excise Tax Adjustment (a) If any payment or benefit Executive will or may receive from the Company or otherwise (a “280G Payment”) would (i) constitute a “parachute payment” within the meaning of Section 280G of the Code, and (ii) but for this Section, be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then any such 280G Payment provided pursuant to this Agreement (a “Payment”) shall be equal to the Reduced Amount. The “Reduced Amount” shall be either (x) the largest portion of the Payment that would result in no portion of the Payment (after reduction) being subject to the Excise Tax, or (y) the largest portion, up to and including the total, of the Payment, whichever amount (i.e., the amount determined by clause (x) or by clause (y)), after taking into account all applicable federal, state, and local employment taxes, income taxes, and the Excise Tax (all computed at the highest applicable marginal rate), results in Executive’s receipt, on an after-tax basis, of the greater economic benefit notwithstanding that all or some portion of the Payment may be subject to the Excise Tax. If a reduction in a Payment is required pursuant to the preceding sentence and the Reduced Amount is determined pursuant to clause (x) of the preceding sentence, the reduction shall occur in the manner (the “Reduction Method”) that results in the greatest economic benefit for Executive. If more than one method of reduction will result in the same economic benefit, the items so reduced will be reduced pro rata (the “Pro Rata Reduction Method”).

  • Code Section 754 Adjustment To the extent an adjustment to the adjusted tax basis of any Company asset pursuant to Section 734(b) or 743(b) of the Code is required, pursuant to the Allocation Regulations, to be taken into account in determining Capital Accounts, the amount of such adjustment to the Capital Accounts shall be treated as an item of gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such basis), and such item of gain or loss shall be specially allocated to the Members in a manner consistent with the manner in which their Capital Accounts are required to be adjusted pursuant to the Allocation Regulations.

  • Tax Opinions (i) The acquisition by the Acquiring Fund of substantially all of the assets of the Target Fund, as provided for in the Agreement, in exchange for Acquiring Fund shares and the assumption by the Acquiring Fund of all of the liabilities of the Target Fund, followed by the distribution by the Target Fund to its shareholders of the Acquiring Fund shares in complete liquidation of the Target Fund, will qualify as a reorganization within the meaning of Section 368(a)(1) of the Code, and the Target Fund and the Acquiring Fund each will be a "party to the reorganization" within the meaning of Section 368(b) of the Code.

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