Case law

Schlossberg v. Fischer (In Re Fischer)

411 B.R. 247 · United States Bankruptcy Court, D. Maryland · Jan 28, 2009

Further, in Maryland, any conveyance made to a husband and wife without restrictive or qualifying words is made to them as tenants by the entirety. Brewer, 48 A. at 1062 . … No evidence was produced that the conveyance of the MBI stock to Benson and Mona Fischer was made with “restrictive or qualifying words.”

In Re Myers

168 B.R. 856 · United States Bankruptcy Court, D. Maryland · Feb 4, 1994

R.Bkrtcy.P. 4004(a) overrides the June 7, 1993 bar date established by the Court for complaints objecting to discharge. Trustee and Committee agree with Debtor’s analysis. … This disadvantage is partly remedied by § 523(a)(3), which establishes the general rule that debts owed to unscheduled creditors aren’t discharged.

In Re Fiels

260 B.R. 362 · United States Bankruptcy Court, D. Maryland · Apr 3, 2001

The Debtors objected to the priority claim of the IRS contending that the tax liabilities at issue were too old to qualify for priority treatment as more than three years had passed since such returns were last due. … United States (In re West), 5 F.3d 423, 426 (9th Cir.1993) (relying upon the clearly-expressed purpose of the Bankruptcy Code of providing the IRS with a specific period of time within which to collect); United States v.

Augustin v. U.S. Dep't of Educ. (In re Augustin)

588 B.R. 141 · United States Bankruptcy Court, D. Maryland · Jun 6, 2018

He received forbearances on his student loans up until June 2015 when he no longer qualified. Id. at ¶ 6 . Mr. … This factor "most clearly reflects the congressional imperative that the debtor's hardship *153 must be more than the normal hardship that accompanies any bankruptcy."

Creative Hairdressers, Inc.

United States Bankruptcy Court, D. Maryland · Mar 3, 2022

In affirming, the Supreme Court focused on the operation—not the label—of the provision establishing the liability. CF&I, 518 U.S. at 224. … As established at length above, the ESRP is triggered by a transaction— the employee’s enrollment in a qualified plan.

Emad Emile Dides

United States Bankruptcy Court, D. Maryland · Jan 11, 2023

Upon the filing of the Petition, a bankruptcy estate was established that comprised all of Dides’s assets. Appellee Roger Schlossberg (“the Trustee”) was appointed as trustee of the estate. … A Chapter 7 debtor’s right to convert to Chapter 13 rests on his ability to qualify as a Chapter 13 “debtor.” Jd. § 706(d); Marrama y. Citizens Bank of Mass., 549 U.S. 365, 372 (2007).

Rimal v. Wibisono

412 B.R. 747 · United States Bankruptcy Court, D. Maryland · Mar 16, 2009

The Ninth Circuit Court of Appeals concluded that “reckless conduct could be sufficient to establish fraudulent intent.” Household Credit Services, Inc. v. … See also In re Colodner, 147 B.R. 90, 95 (Bankr.S.D.N.Y.1992) (“As a 100 percent shareholder of IPM, the debtor had sufficient financial interest in IPM so that the debt owed to the plaintiffs by IPM could qualify as *755

In Re Jason Pharmaceuticals, Inc.

224 B.R. 315 · United States Bankruptcy Court, D. Maryland · Jul 6, 1998

Clearly, the Skees’ suit fails to meet this exception. … By bringing suit against Jason, the Skees seek only to establish and determine the extent of its liability so that they may recovery from its insurer St. Paul.

Lisa Patrice Campbell

United States Bankruptcy Court, D. Maryland · Mar 31, 2021

As Appellee argues, § 105 clearly authorizes Bankruptcy Courts to establish a deadline for compliance and dismiss a case for failure to comply by the prescribed deadline after the inability of the Debtor to meet her burden … None of her arguments about her imagined Right of Self-Determination, International Organization immunity, and the application of FDCPA to her debts address the core reasons that the Bankruptcy Court ultimately dismissed

K&M Elec. Servs., Inc. v. Vito (In re Vito)

598 B.R. 809 · United States Bankruptcy Court, D. Maryland · Mar 8, 2019

BANKRUPTCY JUDGE Business is often done based on the trust established between the contracting parties. … He examines decisions qualifying statutory trusts as express trusts under section 523(a)(4), and respectfully disagrees with those courts.

In Re Regional Building Systems, Inc.

273 B.R. 423 · United States Bankruptcy Court, D. Maryland · Feb 23, 2001

Rather, it merely establishes the right of the subcontractor to recover claims from the trust if payment of the claims would qualify as an expenditure incurred by the contractor arising out of the improvement of the real … Lien Law § 75 (4) 19 establishes that a diversion occurred.

N.P. Deoudes, Inc. v. Snyder (In Re Snyder)

171 B.R. 532 · United States Bankruptcy Court, D. Maryland · Aug 26, 1994

Although the parties may expressly agree to a longer repayment period, “the maximum time for payment for a shipment to which a seller, supplier, or agent can agree and still qualify for coverage under the trust is 30 days … Moreover, the trust provisions at issue in the two PSA cases were established by regulation, 9 C.F.R. § 201.42 , promulgated under 7 U.S.C. § 228 .

In Re Bell-Breslin

283 B.R. 834 · United States Bankruptcy Court, D. Maryland · Jun 17, 2002

The bankruptcy schedules clearly differentiate between wearing apparel and jewelry. 10 This is probably because the forms for bankruptcy schedules track the federal exemptions, which are not applicable here. … Proc. §§ ll-504(b) and (f) qualify the items of property and their value that may be claimed exempt by debtors in bankruptcy.

Aletha K Barsir

United States Bankruptcy Court, D. Maryland · Jul 22, 2020

The Code also allows a state to opt out of this federal exemption scheme and establish its own. See 11 U.S.C. § 522(b)(2). Maryland is one such state that has opted out of the federal scheme, see MD. CODE ANN., CTS. … The Bankruptcy Court concluded that the Payment Provision and Exemption Provision do conflict with each other and that the Payment Provision controls because it “is clearly the more specific statute.” Id. at 217–218.

Kovens v. Goodwich (In re Goodwich)

517 B.R. 572 · United States Bankruptcy Court, D. Maryland · Sep 16, 2014

Faw, Casson & Co., 819 Md. 324 , 572 A.2d 510 (1990), as establishing the proposition that under Maryland law an accountant has a fiduciary relationship with a client. … Although Cohen expands the notion of debt in the context of the fraud exception, it still requires that the debtor have obtained something from the creditor for that debt to qualify for the exception. 478 F.3d. at 222 (emphasis

In Re N. Hess' Sons, Inc.

218 B.R. 354 · United States Bankruptcy Court, D. Maryland · Feb 25, 1998

If Congress had intended such a meaning, surely it would have stated so more clearly- 105 B.R. at 512 . … Webster’s indicates a payout without reference to source or purpose; Black’s refers to the source of the monies paid out, and indicates what types of payouts qualify as disbursements.

National City Bank v. Lapides (In Re Transcolor Corp.)

296 B.R. 343 · United States Bankruptcy Court, D. Maryland · Jun 13, 2003

But there are occasions when the limited liability sought to be obtained through the corporation will be qualified or denied. Mr. … Section 14.01 provided as follows: Personal Immunity from Liability of Incorporators, Shareholders, etc.

In re Fox

521 B.R. 520 · United States Bankruptcy Court, D. Maryland · Nov 12, 2014

In re Mestemaker, 359 B.R. 849, 856 (Bankr.N.D.Ohio 2007) (“Congress has clearly lowered the standard for dismissal in changing the test from ‘substantial abuse’ to ‘abuse’.”). … With respect to the financial situation test, although the phrase “totality of the circumstances” is reminiscent of the Green test, the addition of the further qualifying language, “of the debtor’s financial situation” clearly

Todd v. Access Group, Inc. (In re Todd)

473 B.R. 676 · United States Bankruptcy Court, D. Maryland · May 17, 2012

He is, therefore, uniquely qualified to give an opinion as to Autism's effects on her. . One bedroom was used as an office. . Ms. … While defense Counsel sought to logically establish that Ms.

Siegal v. Everett (In re Siegal)

591 B.R. 609 · United States Bankruptcy Court, D. Maryland · Aug 8, 2018

It does not clearly articulate the capital contribution as a condition precedent to membership. … E.D.N.C. 2002) ("The letter clearly states that his efforts will cease if Mr. Crudup pays him the $17,500 he last offered to accept.