Case law
Opinions from 1658 to today.
20 results
0.21s
Jones v. Internal Revenue Service (In Re Jones)
206 B.R. 614 · United States Bankruptcy Court, District of Columbia · Mar 26, 1997
In Taylor, the IRS claimed to have a lien on the debtor’s ERISA-qualified pension benefit accounts. … Having done neither, the court concluded that “the mere filing of tax liens effected no transfer of interests in a qualified plan” and thus that the IRS “lien is inchoate, vis a vis the accounts.”
Cited 18 timesPublishedParker v. Small Business Administration (In re Parker)
519 B.R. 884 · United States Bankruptcy Court, District of Columbia · Nov 26, 2014
However, registering for electronic transmission of notices in bankruptcy cases may not qualify as giving notice of a preferred address under § 342(f)(1). … That request clearly was not one that qualified as one that “designates a person or an organizational subdivision of such creditor to be responsible for receiving notices” under § 342(g)(1).
Cited 1 timesPublishedUnited States Bankruptcy Court, District of Columbia · May 1, 2026
The definition of transfer in the Bankruptcy Code clearly includes the creation of a lien. See 11 U.S.C. § 101(54)(A) (“The term transfer means — (A) the creation of a lien . . . .”). … However, given the lack of any qualifying petitioning creditors, the total number of “holders of such claims” is moot.
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Feb 14, 2025
Cash attempted to refinance the Mortgages, but was unable to qualify for a loan, which resulted in Mr. Jackson’s name remaining on the loans. Ms. Cash continued to have issues qualifying for financing on the Property. … As to Jackson III, the statements thereunder clearly fall squarely within the judicial proceedings privilege.
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Feb 14, 2025
Cash attempted to refinance the Mortgages, but was unable to qualify for a loan, which resulted in Mr. Jackson’s name remaining on the loans. Ms. Cash continued to have issues qualifying for financing on the Property. … As to Jackson III, the statements thereunder clearly fall squarely within the judicial proceedings privilege.
Cited 0 timesUnknownThandeka-Akua Yaa Asantewa Taharaka
United States Bankruptcy Court, District of Columbia · Jan 8, 2020
to cure an alleged 1 In the Order Denying Motion Docketed as Docket No. 75, the court did not specifically dismiss the debtor’s objection to CitiMortgage’s claim, but was clearly … No. 81) does not qualify as an affidavit because it was not signed, dated, and taken under oath. The debtor is incorrect: the document was signed and dated.
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Sep 23, 2021
The Principals were managing members of the debtor, clearly qualifying them as insiders of the Debtor. dispute to the court. Riemer & Braunstein LLP v. … The Moving Creditors also fail to qualify as eligible creditors due to the potential impact of the adversary proceeding on the estate.
Cited 0 timesUnknown502 B.R. 650 · United States Bankruptcy Court, District of Columbia · Jan 3, 2014
The Majority View Disregards Established Practice Prior to the ambiguous “exercise control” language being added to § 362(a)(3) in 1984, § 542(a) was plainly not self-executing, and the well-established practice was that … Ralph Brubaker, Of State Sovereign Immunity and Prospective Remedies: The Bankruptcy Discharge as Statutory Ex parte Young Relief, 76 Am. Bankr.L.J. 461, 555 (2002).
Cited 7 timesPublishedUnited States Bankruptcy Court, District of Columbia · Jan 28, 2022
As clearly established by the Superior Court transcript (Exhibit 1), the Debtor was the owner of only a one-quarter interest in the Sold Property. … The issue of whether the Debtor’s sale of the Sold Property was fraudulent was clearly established in the decision of the Superior Court and this Court’s Memorandum Opinion.
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Oct 30, 2020
Under these facts, Local Bankruptcy Rule 5005-1(d) is determinative, and is intended to clarify the date of a filing that is not otherwise clearly established by the evidence. … However, the present circumstances do not qualify for relief under this provision.
Cited 0 timesUnknownAdam Harrison Bryant - Adversary Proceeding
United States Bankruptcy Court, District of Columbia · Sep 15, 2021
While it is true that when the adversary proceeding was originally filed the Debtor had encountered a period of income instability, the evidence since the filing and through the date of the hearing clearly establishes that … Conclusion Under either the Brunner or the totality of the circumstances test, the facts clearly establish that the Debtor now, and in the foreseeable near future, has the ability
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Dec 12, 2022
The Scheduling Order established a discovery deadline of June 21, 2022 and a deadline for dispositive motions of August 5, 2022. … In Pavlovich, confirmation of the plan clearly gave finality to the Debtor’s discharge because he was discharged upon confirmation.
Cited 0 timesUnknownDistrict of Columbia v. Stephenson
United States Bankruptcy Court, District of Columbia · Dec 12, 2022
The Scheduling Order established a discovery deadline of June 21, 2022 and a deadline for dispositive motions of August 5, 2022. … In Pavlovich, confirmation of the plan clearly gave finality to the Debtor’s discharge because he was discharged upon confirmation.
Cited 0 timesUnknownDwain W. Tate - Adversary Proceeding
United States Bankruptcy Court, District of Columbia · Feb 10, 2020
A debtor may also have an interest in a decedent’s estate under § 541(a)(1) that is too contingent to qualify for some bankruptcy purpose. See In re Stoner, 487 B.R. 410 (Bankr. … Property (contradicted by Douglas) and (2) that the personal representative’s legal title foreclosed any interest of the debtor as an heir (contradicted by Douglas and by Richardson clearly
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Jan 28, 2025
.; see also In re Knudsen, 84 B.R. 668, 672–73 (B.A.P. 9th Cir. 1988) (holding that an applicant seeking approval of an evergreen retainer agreement bears the burden of establishing that the case is one in which such agreement … As designed, subchapter V is intended to be a streamlined process for qualifying debtors resulting in lower costs to facilitate a more efficient reorganization.40 Given this background, it will be the truly rare subchapter
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Feb 20, 2025
.; see also In re Knudsen, 84 B.R. 668, 672–73 (B.A.P. 9th Cir. 1988) (holding that an applicant seeking approval of an evergreen retainer agreement bears the burden of establishing that the case is one in which such agreement … As designed, subchapter V is intended to be a streamlined process for qualifying debtors resulting in lower costs to facilitate a more efficient reorganization.40 Given this background, it will be the truly rare subchapter
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Jun 3, 2021
Subsection (a) establishes against whom an involuntary chapter 7 or 11 case may be filed. … Havens has failed to clearly state a claim for any of the alleged debts, and even if he had, each claim is subject to a clear dispute. i.
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · May 9, 2022
Despite the financial risks, the bankruptcy system is only enhanced when experienced and qualified professionals agree to serve as chapter 7 trustees and/or counsel for chapter 7 trustees. … The Trustee has failed to carry his burden to establish the appropriate grounds for approval of the Applications.
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · May 9, 2022
Despite the financial risks, the bankruptcy system is only enhanced when experienced and qualified professionals agree to serve as chapter 7 trustees and/or counsel for chapter 7 trustees. … The Trustee has failed to carry his burden to establish the appropriate grounds for approval of the Applications.
Cited 0 timesUnknownUnited States Bankruptcy Court, District of Columbia · Oct 13, 2020
Accounts for expenses associated with the Property have been established in Max’s name, including all electric and water utility accounts, cable and internet accounts, and a Deluxe-Home … In any event, regardless of whether the three transcripts qualify as “newly discovered evidence”, the transcripts do not justify Rule 60(b)(2) relief.
Cited 0 timesUnknown
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