Case law

In Re Bicoastal Corp.

136 B.R. 290 · United States Bankruptcy Court, M.D. Florida · Jan 15, 1992

Under a flexibly-priced contract, the profits or losses were to be shared by the Debtor and the Government based on a percentage established by negotiations. … As a result, the white collar employees, formerly employed by the Debtor, became participants in two qualified pension plans, one previously maintained by the Debtor which became frozen, and the other established by the purchasers

United States v. Charnock (In Re Charnock)

97 B.R. 619 · United States Bankruptcy Court, M.D. Florida · Feb 21, 1989

For instance, this record is replete with evidence which clearly establishes that he held himself to the public as “the” man involved in the affairs of Baytown Marina (Plaintiffs Exh. 100c) In the February 4, 1984, issue … Clearly, this transaction was also structured in order to immunize any assets to be acquired by Southshore from the tax lien asserted by the Government against the Debtor.

In Re Cutler Manufacturing Corp.

95 B.R. 230 · United States Bankruptcy Court, M.D. Florida · Jan 19, 1989

These individuals activities, whether under the guise of Reorga-nex or directors or professionals clearly show that they are not disinterested parties. … They cannot now come to this Court upon the same facts and evidence and seek to establish under § 503 rights they could not acquire under § 327.

In Re Jones

289 B.R. 188 · United States Bankruptcy Court, M.D. Florida · Oct 10, 2002

It is well established that the automatic stay does not prohibit recoupment, as distinguished from setoff. … It should be noted, at the outset, that the action of the State Patrol is clearly a re-coupment and not a set-off.

In RE McDERMOTT

425 B.R. 848 · United States Bankruptcy Court, M.D. Florida · Mar 31, 2010

McDermott’s paychecks do not qualify as earnings from personal services. Zamora, 187 B.R. at 784. … At hearing, the debtors attempted to establish that Mr. McDer-mott was paid regularly by GLR, supposedly demonstrated by the paychecks Mr.

In re Newcomb

483 B.R. 554 · United States Bankruptcy Court, M.D. Florida · Dec 4, 2012

However, the court further noted that the presumption afforded by Beal Bank is rebuttable and that one of the ways the presumption can be rebutted is by establishing that one or more of the unities required to establish a … Proof of intent not to create tenancy by entirety property may be established by a prenuptial agreement.

In Re Tomasevic

275 B.R. 103 · United States Bankruptcy Court, M.D. Florida · Oct 25, 2001

In this ease, the debtor has clearly established sufficient cause to object to Wil-shire’s claim post-confirmation under all of these factors. … The debtor must first establish that his letters written to Wilshire in October 2000 and January 2001 are qualified written requests.

Lenzycki v. Nicholson (In Re Nicholson)

51 B.R. 198 · United States Bankruptcy Court, M.D. Florida · Feb 6, 1985

After a trial on the merits, the Court found that the Plaintiff failed to meet the burden of proof of establishing a claim under § 523(a)(2)(A) and held that the debt was dischargeable. … In the present proceeding the Debtor contends that the subject debt qualifies as a consumer debt.

In Re National Ass'n of Professional Martial Artists, Inc.

328 B.R. 853 · United States Bankruptcy Court, M.D. Florida · Jul 12, 2005

It is clear however, that Fitness was never a qualified bidder and never had the funding to meaningfully participate in the bidding process. … This is clearly a nonreimbursable item.

Freedman v. Boone (In Re Boone)

236 B.R. 275 · United States Bankruptcy Court, M.D. Florida · May 25, 1999

While this allegation may form the basis for a false oath in bankruptcy, the claim in Count II, it certainly would not qualify for an actionable concealment based on this record. … The disposition of this claim is not that simple and clearly this record leaves no doubt that the Debtor did in fact fail to disclose multiple items which under the Code he was required to disclose.

Newman v. Eli Witt Co. (In Re Eli Witt Co.)

20 B.R. 778 · United States Bankruptcy Court, M.D. Florida · May 14, 1982

These disability benefits, however, are available only to active members. § 3.11, page 8-B, clearly establishes in its opening line that “[a]n active member is eligible for a monthly disability payment if ...” … In every instance in which the more general term “member” is used in § 3.11, the context clearly establishes that it is referring only to a member eligible for disability payments, which, in turn, is clearly only an active

In Re Freeman

387 B.R. 871 · United States Bankruptcy Court, M.D. Florida · Apr 30, 2008

Property that qualifies as TBE property today may not qualify for the protected status tomorrow. … Stat. § 222.25 (4) provides up to $4,000 of exempt property, clearly sufficient to protect the refund. TBE property is wholly exempt pursuant to Florida law, regardless of the amount. 7 .

In Re Gardner

118 B.R. 860 · United States Bankruptcy Court, M.D. Florida · Aug 3, 1990

[Arizona statute exempting ERISA-qualified pension plans from execu *864 tion preempted by ERISA]; In re Brown, 95 B.R. 216 (Bkrtcy.N.D.Okla.1989) [Oklahoma statute exempting ERISA-qualified pension plans preempted by ERISA … This Court is unpersuaded by the argument enunciated in cases such as In re Martinez, which are clearly in the minority.

In Re Coplan

156 B.R. 88 · United States Bankruptcy Court, M.D. Florida · Jun 30, 1993

The Coplans’ testimony on these points is not credible. 2 The evidence clearly establishes that the business was deteriorating in the months immediately preceding the move. … Besides being an unworkable administrative nightmare to the court, it is also clearly incompatible with the legislative purpose in allowing the establishment of an IRA account for a non-working spouse.

In Re Walker

345 B.R. 399 · United States Bankruptcy Court, M.D. Florida · Mar 29, 2006

It is well established that the protection granted to a homestead by Article X, Section 4 of the Florida Constitution immunizes such property from all claims of creditors, and from any liens except liens securing tax obligations … Clearly in Quigley , the judgment lien attached to the newly acquired property at the same time the debtor acquired interest in the property.

Hyman v. Stone Lumber Co. (Winter Haven Truss Co.)

154 B.R. 592 · United States Bankruptcy Court, M.D. Florida · Mar 15, 1993

being fully advised in the premises, this Court is of the opinion that the insolvency of Debtor during the 90 days immediately preceding November 6, 1990, the date of the filing of Debtor’s bankruptcy petition, has been clearly … established, and the Court so finds and holds.

In Re Goode

146 B.R. 860 · United States Bankruptcy Court, M.D. Florida · Sep 24, 1992

The record as established at the duly noticed hearing reveals the following facts relevant to resolution of the Bank’s objection. Prior to 1984, the Debtors resided in New Hampshire. … therefore, on the date of the commencement of the case, the Fort Myers residence could not qualify for the homestead exemption provided by the Constitution of this State.

In Re Real Pro Financial Services, Inc.

120 B.R. 216 · United States Bankruptcy Court, M.D. Florida · Oct 10, 1990

The parameters of a Chapter 11 Plan are established by 11 U.S.C. § 1141 (a) providing that a plan is effective only against: ‘the debtor, any entity issuing securities under the plan, any entity acquiring property under the … Moreover, “a due-on-sale clause is not something so sacrosanct that it is immune from modification in a bankruptcy setting.” In re Coastal Equities, Inc., 33 B.R. 898 (Bankr.S.D.Cal.1983).

Signet Bank/Virginia v. Hale (In Re Hale)

139 B.R. 41 · United States Bankruptcy Court, M.D. Florida · Apr 22, 1992

evident that it is impossible even for a lender endowed with clairvoyance to learn the true financial condition of the applicant based on an application for a credit card which, for reasons stated above, could not possibly qualify … Applying this clearly stated policy, the exceptions to discharge delineated in § 523 of the Bankruptcy Code are construed narrowly against a creditor and liberally in favor of the debtor.

Jensen v. Povia (In Re Povia)

224 B.R. 209 · United States Bankruptcy Court, M.D. Florida · Jul 8, 1998

The Debtor was the record owner of a twenty-five percent interest in the Land Trust when the Land Trust was established. … In order for the spendthrift trust provision to be enforceable, the settlor of the trust must clearly manifest, in the trust instrument itself, his intention to restrain the trust beneficiary from alienating his interest