Case law

Matter of American Ship Bldg. Co., Inc.

39 Cont. Cas. Fed. 76,632 · United States Bankruptcy Court, M.D. Florida · Feb 22, 1994

Clearly, this was another situation where the United States Government sought the jurisdiction of the bankruptcy court by filing an action there. … Such similar relinquishment of either the sovereign immunity of the United States or the waiver of the jurisdiction under the Contract Disputes Act or other laws arises where the government brings its claim or dispute to

In Re Hunter

261 B.R. 789 · United States Bankruptcy Court, M.D. Florida · Apr 19, 2001

Thus, whether or not the Trust is qualified as a Spendthrift Trust must be determined with reference to the applicable law of the State of Missouri. Spindle v. … The significance of this change in concept clearly indicates that the reliance of the Debtor on the case of In re Edgar, supra, is misplaced.

In re Winter

90 B.R. 516 · United States Bankruptcy Court, M.D. Florida · Sep 2, 1988

reversed the District Court and concluded that the record failed to sustain the proposition that the Monson’s effectively abandoned the homestead as they always had the intention and desire to move back to the home and re-establish … While it is true that for a short time his wife also joined him in Palmetto, the property in Palmetto is not owned by him as far as it appears from this record, but by his parents, thus he clearly cannot claim the same as

Bicoastal Corp. v. Northern Trust Co. (In Re Bicoastal Corp.)

146 B.R. 486 · United States Bankruptcy Court, M.D. Florida · Sep 1, 1992

It is without dispute that both The Singer Plan and the Loral Plan are “employee pension benefit plans” under the provisions of ERISA, subject to the fiduciary and other requirements of ERISA, and are intended to qualify … They would simply make sure that they could terminate the pension plans to recapture their assets, a result that clearly does not benefit employees. Id. at 1345.

Meininger v. Miller (In Re Miller)

188 B.R. 302 · United States Bankruptcy Court, M.D. Florida · Oct 17, 1995

In this evidence it is without dispute that the Debtor did not receive any consideration for the transfer, it was transferred to his wife, the Debtor was clearly insolvent or at least had a very substantial debt owed to the … It is evident that Fishbein stands only for the proposition that where non-exempt funds which were obtained fraudulently are used to acquire a homestead or to pay off a mortgage on the homestead the homestead is not immune

In Re Young

276 B.R. 683 · United States Bankruptcy Court, M.D. Florida · Feb 19, 2002

September 2000: 15 days Or in all, a total of 43 days out of a minimum of 91 days required to qualify for Florida exemptions or a total of 77 days from the date of the purchase of the Condo. … to established a permanent residence in Florida, clearly whatever happened after the purchase warrants but one conclusion, that at the time they filed the Petition, they did not reside and no longer had any intention to

Isaly Klondike Co. v. Sunstate Dairy & Food Products Co. (In Re Sunstate Dairy & Food Products Co.)

145 B.R. 341 · United States Bankruptcy Court, M.D. Florida · Sep 15, 1992

In order to reclaim the ice cream bars from Debtor pursuant to Section 546(c), Klondike must establish: 1. a statutory or common law right to reclaim the ice cream bars, 2. … Clearly, the imposition of a lien or administrative expense is something beyond the normal state-granted remedy in such cases.

In Re Mercado

376 B.R. 340 · United States Bankruptcy Court, M.D. Florida · Sep 24, 2007

Citizens Bank of Mass., which established that a debtor does not have an absolute right to convert a case from Chapter 7 to Chapter 13. — U.S. -, 127 S.Ct. 1105, 1109-1112 , 166 L.Ed.2d 956 (2007). … First, however, the Court will determine whether the Mercado’s have “regular income,” to confirm that they qualify as Chapter 13 debtors, pursuant to 11 U.S.C. § 109 (e). A.

Klauer v. United States (In Re Klauer)

362 B.R. 31 · United States Bankruptcy Court, M.D. Florida · Nov 27, 2006

Since § 7430 constitutes a waiver of the government’s sovereign immunity, it must be strictly construed. Ardestani v. … That the United States loses or concedes an issue does not establish that its position was not substantially justified. Underwood, 487 U.S. at 569 , 108 S.Ct. 2541 .

Walter v. Celotex Corp. (In Re Hillsborough Holdings Corp.)

197 B.R. 372 · United States Bankruptcy Court, M.D. Florida · May 28, 1996

The VPSA clearly provides that it is to be governed by the laws of the State of New York. … Celo-tex clearly did not live up to what it promised, even though the Debtors fully performed their end of the bargain.

In Re Pace Trustee of Pace Irrevocable Trust

376 B.R. 334 · United States Bankruptcy Court, M.D. Florida · Sep 11, 2007

Pace noted that the debtor was a “business trust”, which is a necessary eligibility prerequisite for a trust to qualify as a debtor in a bankruptcy case. Mr. … Pace’s initial statement on the debtor’s petition, made under oath, that the debtor was a business trust is clearly inconsistent with Mr.

Bicoastal Corp. v. Semi-Tech Microelectronics (Far East) Ltd. (In Re Biscoastal Corp.)

149 B.R. 212 · United States Bankruptcy Court, M.D. Florida · Nov 16, 1992

As an entity only has to qualify under one of the four sub-parts of Paragraph 1.22 to be a Semi-Tech related entity, it is clear that Singer Europe should be included in the calculation of gross sales. … Therefore, this Court is satisfied that the evidence is sufficient to establish that Semi-Tech had a de facto control of Singer Thailand.

Burch v. Burch (In Re Burch)

100 B.R. 585 · United States Bankruptcy Court, M.D. Florida · May 25, 1989

Harrell clearly indicates the bankruptcy court is empowered to characterize items in the nature of support which are not authorized as support under state law. … Clearly, the answer *588 is a qualified yes — bankruptcy law does preempt.

Bell v. United States (In re Bell)

565 B.R. 702 · United States Bankruptcy Court, M.D. Florida · Jan 25, 2017

For a late Form 1040 to qualify as a tax return, it must represent an honest and reasonable attempt to satisfy the tax laws. … Second, for a late filing to constitute a return, the taxpayer must establish a “legitimate excuse or explanation” for his tardiness.

Fernandez v. McMahon (In re McMahon)

183 B.R. 948 · United States Bankruptcy Court, M.D. Florida · Apr 6, 1995

As noted earlier, a mere negligence or even a gross negligence by a debtor is insufficient to establish a viable claim to the exception to discharge under § 523(a)(6). … standard of care coupled with a conduct which produced a foreseeable injury and evidenced a conscious disregard of the safety of the procedure undertaken by the Debtor which ultimately caused the injury complained of is clearly

In Re Johnson

101 B.R. 307 · United States Bankruptcy Court, M.D. Florida · May 9, 1989

This is so because the properties these Debtors seek to retain after confirmation qualify for the homestead exemption available in Florida by virtue of Article X, § 4 of the Fla. … be confirmed for the following reasons: The term “property” includes all property in which the Debtor has a cognizable, legal or equitable interest on the date of the commencement of the case 1 The absolute priority rule clearly

Southard v. Educational Credit Management Corp. (In Re Southard)

337 B.R. 416 · United States Bankruptcy Court, M.D. Florida · Jan 31, 2006

ECMC asserts that Plaintiffs testimony at trial established that he has unnecessary expenses. … No. 03-1503, Findings of Fact and Conclusions of Law dated March 15, 2004. • It is this Court’s finding that Plaintiffs loan qualifies for this program. [Def.

In re Basil Street Partners, LLC

477 B.R. 846 · United States Bankruptcy Court, M.D. Florida · Jan 29, 2012

Section 303(a) establishes who may be the subject of an involuntary petition. … This undesirable result is one that Congress clearly must have foreseen and intended to avoid when enacting the provisions related to involuntary cases, as evidenced by the fact that the commencement requirements listed in

Neilson v. Laing (In Re Laing)

329 B.R. 761 · United States Bankruptcy Court, M.D. Florida · Aug 1, 2005

Clearly, that was legally insufficient to challenge and to overcome the presumptive validity of the Debtor’s claim to exempt these items. … Moreover, the Slatkin Trustee was unable to present any evidence whatsoever that these accounts were not qualified as retirement accounts required by Fla.Stat. 222.21(2)(a).

In Re Blue Stone Real Estate, Construction & Development Corp.

392 B.R. 897 · United States Bankruptcy Court, M.D. Florida · Aug 9, 2008

Oscher is well qualified to perform and assume the duties of CRO in each of these cases; (ii) Mr. … Oscher is well qualified to assume the responsibilities of CRO; and (iv) the Debtors’ principal, Mr.