Case law

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.

In Re Colley

260 B.R. 532 · United States Bankruptcy Court, M.D. Florida · Oct 30, 2000

Student loan debts that qualify for § 1322(b)(5) treatment must nonetheless pass § 1322(b)(1) “unfair discrimination” muster. … The Leser court established a four-part “fairness” test that has become quite popular largely *539 because of its singularity.

Mills v. Webster (In Re Multimedia Communications Group Wireless Associates)

212 B.R. 1006 · United States Bankruptcy Court, M.D. Florida · Aug 28, 1997

Clearly, the evidence demonstrates that the various entities were related. … The Trustee argues that he has a “qualifying unsecured creditor” in Terry Hopkins; this Court does not agree. First, Ms.

Shipwrights, Joiners & Caulkers Local 2071 of the United Brotherhood v. Uniflite, Inc. (In Re Murray Industries, Inc.)

110 B.R. 585 · United States Bankruptcy Court, M.D. Florida · Jan 12, 1990

by the Bankruptcy Code, especially with the priority scheme established by § 507 and § 1129(9)(B). … This is so because if these claims are prepetition claims, of course, they would not qualify to be treated as cost of administration under § 503 of the Code.

D'Avanza v. United States (In Re D'Avanza)

101 B.R. 787 · United States Bankruptcy Court, M.D. Florida · Jun 29, 1989

case does not constitute a return inasmuch as the dummy return or Form 870 contained only the Debtor’s name, address, Social Security number and filing status and as such did not contain information which would satisfy or qualify … It is well established that exceptions to discharge pursuant to § 523(a) of the Bankruptcy Code are narrowly construed against the creditor and liberally in favor of the debtor and that the burden of proof is on the creditor

In Re Miracle Church of God in Christ

119 B.R. 308 · United States Bankruptcy Court, M.D. Florida · Sep 13, 1990

. denied, 439 U.S. 1002 , 99 S.Ct. 612 , 58 L.Ed.2d 678 (1978), the Court held that the fact that the Debtor was not a “moneyed, business or commercial corporation” was not relevant in determining whether the entity was qualified … Hence, no single factor will conclusively establish good faith or a lack thereof.

In Re Groff

234 B.R. 153 · United States Bankruptcy Court, M.D. Florida · Feb 19, 1999

nonqualified — and the burden is on the Trustee to establish that fact. … Furthermore, regarding whether the IRS required RMGA’s plan actually have been amended in addition to its prototype, Revenue Procedure 89-9 does not appear to clearly indicate what the Trustee alleges— rather, it generally

Kiester v. Mizrahi (In Re Mizrahi)

179 B.R. 322 · United States Bankruptcy Court, M.D. Florida · Mar 10, 1995

Under Florida law, tenancy by the entirety property is immune from the claim of a single creditor of one of the tenants. Stanley v. Powers, 123 Fla. 359 , 166 So. 843, 846 (1936). … Entireties property is not immune from the claims of joint creditors of the husband and wife.

Petrosky v. Petrosky (In Re Petrosky)

325 B.R. 475 · United States Bankruptcy Court, M.D. Florida · Jun 3, 2005

This determination must be made by the relevant part of the record established in the divorce court as supplemented by the testimony of the parties. … The court held that the obligation to pay tuition for the children was in the nature of support under the agreement because that provision fell under the heading “child support” as it was clearly written in their divorce

D'Angelo v. Parker (In Re Parker)

377 B.R. 371 · United States Bankruptcy Court, M.D. Florida · Sep 8, 2006

Petersburg, testified that windows in the enclosed garage did not comply with the Code’s requirements to qualify as a sleeping room. … Clearly, the Debtor did not provide the Plaintiff or her agents with a copy of Satt-ler’s letter or the Permit Application. (Transcript, pp. 204-05).

In Re Williams

427 B.R. 541 · United States Bankruptcy Court, M.D. Florida · Mar 31, 2010

Clearly, the Court’s decision in Aetna was based in part on the possessory rights associated with the debtor’s remainder interest. … Second, under the circumstances of this case, where the Debtor occupies the family Home, and where the evidence establishes the permanence of his occupancy, the Court finds that the Home is the “residence” of the Debtor within

Matter of Morgan Strawberry Farm

98 B.R. 584 · United States Bankruptcy Court, M.D. Florida · Mar 28, 1989

The Motion alleged, inter alia, the Debtors do not qualify as farmers under either the provisions of 11 U.S.C. § 101 (18) in that the Debtors’ income was not derived from farming operations, or under 11 U.S.C. § 101 (17) … The burden of proof in establishing eligibility for bankruptcy relief is on the party filing the petition. In re Rott, 73 B.R. 366, 371 (Bankr.D.N.D.1987).

In Re Sheffield

212 B.R. 1019 · United States Bankruptcy Court, M.D. Florida · Sep 29, 1997

Apart from considering the factors outlined above, Debtor argues that the insurance provision’s placement between two other alimony-related provisions establishes it as alimony. … However, the insurance provision’s reciprocal arrangement clearly indicates that the life insurance proceeds are not alimony.

In Re Adell

310 B.R. 460 · United States Bankruptcy Court, M.D. Florida · May 28, 2004

On May 6, 2003, he engaged the services of a real estate broker, and immediately took steps to establish his residency in Florida. … homesteads are available in Florida are trumped by Section 303(i) of the Code; and (2) the Debtor did not qualify for homestead because he was not a bona fide resident of Florida.

Matter of Gray Truck Line Co.

34 B.R. 174 · United States Bankruptcy Court, M.D. Florida · Oct 14, 1983

Moreover, it is well established that in the case of a run-of-the-mill executory contract or an unexpired lease, it is no longer necessary to be established by the debtor that the executory contract sought to be rejected … The legislative history of the enactment of § 365 leaves no doubt that Congress did not intend to immunize collective bargaining agreements from the debtor’s power to reject executory contracts.

In re Mandalay Shores Cooperative Housing Ass'n

112 B.R. 440 · United States Bankruptcy Court, M.D. Florida · Mar 2, 1990

Lastly, MSCHA’s condition should be terminated because the delays which are prejudicial to the creditors are clearly MSCHA’s own doing. … A plain reading of § 349 clearly permits the Court to dismiss a case under Title 11 with prejudice.

Heidkamp v. Fifth Third Bank (In Re Heidkamp)

334 B.R. 713 · United States Bankruptcy Court, M.D. Florida · Aug 26, 2005

While a corporation or partnership may qualify for appointment as a panel trustee under the minimum qualification requirements, “[n]o professional corporation, partnership, or similar entity organized for the practice of … Fifth Third’s letters have clearly violated the automatic stay.

Robertson v. Strickland (In Re Robertson)

333 B.R. 894 · United States Bankruptcy Court, M.D. Florida · Aug 29, 2005

Therefore, Defendant qualifies as a creditor for purposes of TILA. … Furthermore, the evidence established that Plain *903 tiff knew the transaction constituted a mortgage and Plaintiff agreed to the mortgage in good faith.

Matter of Schoen Enterprises, Inc.

76 B.R. 203 · United States Bankruptcy Court, M.D. Florida · Jul 28, 1987

On the same date the Trustee, a member of the regularly established panel, was appointed Interim Trustee pursuant to § 701 of the Bankruptcy Code. … Clearly, Tambay Trustee made no attempt to respond to Mr. Tatelbaum’s correspondence regarding the estate.

In Re Thompson

457 B.R. 872 · United States Bankruptcy Court, M.D. Florida · Aug 29, 2011

The high burden a debtor must prove to establish an undue hardship on himself and his dependents in order to discharge student loan debt does not qualify that debt as priority debt, payable before other unsecured debts. … The high burden a debtor must prove to establish an undue hardship on himself and his dependents in order to discharge student loan debt does not qualify that debt as priority debt, payable before other unsecured debts.