Case law

In Re Trusko

212 B.R. 819 · United States Bankruptcy Court, D. Maryland · Sep 3, 1997

The federal credit union system was therefore established as an alternative to an unacceptable credit structure, a structure that included banks. … In order to deal with these problems, Congress authorized the establishment of federal credit unions. S.Rep. No. 555, 73d Cong., 2d Sess. (1934).

Heritage Associates, II, L.L.C. v. Maryland, Department of Health & Mental Hygiene (In Re Heritage Associates, II, L.L.C.)

336 B.R. 255 · United States Bankruptcy Court, D. Maryland · Jan 12, 2006

As stated very clearly by the Court in NVR, a suit seeking to raid a state’s treasury is the quintessential suit contemplated by the Eleventh Amendment. … Such a result is prohibited by the doctrine of sovereign immunity. See NVR, 189 F.3d at 457 .

In Re Mueller

256 B.R. 445 · United States Bankruptcy Court, D. Maryland · Nov 7, 2000

In that case, the Bankruptcy Appellate Panel of the Ninth Circuit noted that in Patterson the debtor controlled ninety-six percent of the voting stock of the corporation that had established the ERISA qualified plan and, … Retirement Act of 1935 or 1937 applies and which is financed by contributions required under that Act and any plan of an international organization which is exempt from taxation by reason of the International Organizations Immunities

In Re Ford

3 B.R. 559 · United States Bankruptcy Court, D. Maryland · Apr 15, 1980

The court finds no basis to establish any Congressional intent to make any distinction between the word “exempt” and the word “immune” and places no special significance on the use of the words “exempt from process” instead … of “immune from process” in § 522(b)(2)(B).

Blackston v. Seterus, Inc. (In re Blackston)

557 B.R. 858 · United States Bankruptcy Court, D. Maryland · Sep 7, 2016

It provides, “If I qualify for and enter into a repayment plan, forbearance plan, and trial period plan, I agree to the establishment of an escrow account and the payment of escrow items if an escrow account never existed … Hendersen-Webb, Inc,, 81 F.Supp.2d 582, 597 (D.Md.1999) (the FCRA provides qualified immunity from state law defamation claims provided that it was not done with malice or willful intent to injure).

In re Council of Unit Owners of the 100 Harborview Drive Condominium

572 B.R. 131 · United States Bankruptcy Court, D. Maryland · Jun 9, 2017

It was established in 1993 as a condominium regime and contains 249 units and a health club. Disclosure Statement [P. 190]. 2. … Because the officers and directors are immune from suit in their official capacities, the debtor may be judgment-proof. . Mr.

In re City Homes III LLC

564 B.R. 827 · United States Bankruptcy Court, D. Maryland · Jan 13, 2017

He also noted that CHI was capitalized with a $100,000 grant from the Enterprise Foundation and was qualified as a 26 U.S.C. § 501 (c)(3) charitable entity. … Hence, there is no value in the alleged “waiver” of charitable immunity.

Official Committee of Unsecured Creditors v. Roman Catholic Archbishop of Baltimore

United States Bankruptcy Court, D. Maryland · Oct 30, 2025

Each of these theories presents a mixed question of law and fact,10 though the Debtor argues that its status as a religious organization alone qualifies it for charitable immunity. 8 As explained herein, the Court finds … And again, the establishment of a trust is just one component of charitable immunity. For a thoughtful review of the charitable immunity defense generally, including its history, purpose, and limitations, see 2 AM. L.

In Re Goldschein

244 B.R. 595 · United States Bankruptcy Court, D. Maryland · Feb 10, 2000

The act intended to insure that “disclosure be made and safeguards be provided with respect to the establishment, operation and administration of such plans...” Id. … It is clearly a plan governed by ERISA and contains the anti-alienation language mandated by that statute and by the Internal Revenue Code. 9 In addition, as drafted and published to the Internal Revenue Service, it has been

In re Ft. Howard Dev., LLC

593 B.R. 427 · United States Bankruptcy Court, D. Maryland · Oct 31, 2018

a case-by-case basis when seeking to establish "manifest injustice". … The facts of this case are clearly distinguishable from Mintec .

In Re Kotche

457 B.R. 434 · United States Bankruptcy Court, D. Maryland · Sep 22, 2011

From this evidence, the court finds that Debtor has clearly not been complete or forthright in her disclosures on Schedule B and answers on her Statement of Financial Affairs. … Bankruptcy Court for the Eastern District of New York held in In re Armstrong, 408 B.R. 559 (Bankr.E.D.N.Y.2009) that “the Second Circuit’s decision in Barbieri is no longer good law” after Marrama because “ ‘the important point established

In re Neogenix Oncology, Inc.

508 B.R. 345 · United States Bankruptcy Court, D. Maryland · Mar 11, 2014

However, that other interested bidder declined to submit a qualifying bid. Thus, PB was deemed to be the successful bidder. … It is unnecessary for a court to determine whether an individual is both a director and a person in control, or both an officer and a person in control, as the statutory definition is clearly stated in the disjunctive.

Longhenry v. Wyatt (In Re Longhenry)

246 B.R. 234 · United States Bankruptcy Court, D. Maryland · Feb 25, 2000

The remaining issue is whether a claim for loss of consortium that is recognized under Maryland law is of a character that qualifies as a personal injury under 11 U.S.C. § 523 (a)(9). … Defendants have established that their claim for loss of consortium arose from a judgment entered in a court of record as the result of the debtor’s operation of the motor vehicle while legally intoxicated.

Durant v. Durant (In re Durant)

586 B.R. 577 · United States Bankruptcy Court, D. Maryland · Jun 19, 2018

The Plaintiff argues that the alleged conduct of the Defendant in connection with the Inheritance Funds, which underlies the State Court Judgment, qualifies as fraud or defalcation while acting in a fiduciary capacity under … Id. at 40. 8 The State Court's findings, supported by the record in the State Court action, establish *588 each element of section 523(a)(4).

In Re Sydnor

431 B.R. 584 · United States Bankruptcy Court, D. Maryland · Jun 11, 2010

As to the latter grounds it is clearly established that Sydnor has not paid fees that are statutorily due to the United States Trustee and has not made a payment against that outstanding balance since September of 2009. … Clearly, cause has been established pursuant to Section 1112(b)(4)(K) as to the non-payment of fees and such cause requires this court to either dismiss the case or order the case converted to a case under Chapter 7, unless

Homeside Lending, Inc. v. Denny (In Re Denny)

242 B.R. 593 · United States Bankruptcy Court, D. Maryland · Dec 29, 1999

Giving due weight to each word in the phrase “sold at a foreclosure sale,” this court finds that the preposition “at” clearly indicates the specific event of the foreclosure sale. … Allen, 152 F.3d 283 , 288 n. 6 (4th Cir.1998) (“[It] is [a] fundamental canon of statutory construction that a qualifying phrase refers solely to its immediate antecedent”), it does not make that term ambiguous.

Guttman v. Associates Commercial Corp. (In Re Furley's Transport, Inc.)

272 B.R. 161 · United States Bankruptcy Court, D. Maryland · Sep 6, 2001

The Trustee also established that each of these transfers was made on account of an antecedent debt. … ACC qualifies as an initial transferee with respect to both the Monetary Transfers and the Oklahoma and Pennsylvania Trailers.

In Re Doctors Health, Inc.

238 B.R. 594 · United States Bankruptcy Court, D. Maryland · Aug 31, 1999

But in the circumstances of this case, the reserve was clearly intended to be held for the benefit of external providers. … Clearly § 19-713.2 is intended to give an added protection to external providers beyond that which already exists under § 19 — 712(b)(l)(ii).

iThrive Health, LLC

United States Bankruptcy Court, D. Maryland · Jun 8, 2020

Debtor states it qualifies to receive approximately $418,000 in PPP funds. … Section 1106 of the CARES Act provides for forgiveness of qualifying loans guaranteed under the PPP. Id.

iThrive Health, LLC v. Carranza

United States Bankruptcy Court, D. Maryland · Jun 8, 2020

Debtor states it qualifies to receive approximately $418,000 in PPP funds. … Section 1106 of the CARES Act provides for forgiveness of qualifying loans guaranteed under the PPP. Id.