Case law

Hammermeister v. Hammermeister (Hammermeister)

270 B.R. 863 · United States Bankruptcy Court, S.D. Ohio · Dec 17, 2001

The Debtor qualified for an earned income tax credit in 1997 and again in 2000. … As in Hodge, the record made at trial here fails to establish clearly and unequivocally that the parties intended to create a support obligation.

McClatchey v. Ohio Public Employees Deferred Compensation Program (In Re Matheney)

138 B.R. 541 · United States Bankruptcy Court, S.D. Ohio · Mar 24, 1992

The Program was established and is operated in accordance with O.R.C. §§ 145.-71-145.74 and 26 U.S.C. § 457 , and the regulations promulgated thereunder, as a non-qualified, unfunded, deferred compensation plan for State … The outcome of this proceeding clearly could have an effect on the bankruptcy estate.

In Re Carver

110 B.R. 305 · United States Bankruptcy Court, S.D. Ohio · Jan 24, 1990

The evidence adduced at trial, through the testimony of Zauderer, clearly established that Carver embezzled monies in the amount of $16,210.00. … That laudable purpose will not be furthered if, in the instant case, the Debtors do not qualify as “honest.”

In re Harshbarger

205 B.R. 109 · United States Bankruptcy Court, S.D. Ohio · Dec 19, 1996

The District Court also noted that Debtors failed to establish that the profit sharing plan account loan was a “debt” or that the plan was a “creditor” holding a “claim” in light of the provisions of the loan agreement, enumerated … Such an argument is clearly contrary to 11 U.S.C. § 1325 . While Mrs.

In Re Eagle-Picher Industries, Inc.

134 B.R. 248 · United States Bankruptcy Court, S.D. Ohio · Nov 25, 1991

We find the charges of Liberty Mutual and ACF to be clearly within that language. … Insurers say that to qualify for prejudgment interest, the underlying amount sought must both be liquidated and due and payable. They say that neither condition is met here.

In re Visicon Shareholders Trust

478 B.R. 292 · United States Bankruptcy Court, S.D. Ohio · Aug 29, 2012

The reasons for this apparently cavalier approach never were completely clear, but what was exhibited was quite clearly a pattern of behavior and not discrete instances of a failure to comply. … In fact, the record has proven that management is not qualified to administer the financial responsibilities of a Chapter 11 debtor-in-possession or run the Hotel.

Jarnicki v. Clemons (In Re Clemons)

42 B.R. 796 · United States Bankruptcy Court, S.D. Ohio · Jul 12, 1984

By no stretch of the imagination can it be said that Simpson qualifies as a good faith transferee. He is the father of debtor. … Under these circumstances, clearly Simpson was not a good faith transferee.

Action Industries, Inc. v. Dixie Enterprises, Inc. (In Re Dixie Enterprises, Inc.)

22 B.R. 855 · United States Bankruptcy Court, S.D. Ohio · Aug 31, 1982

Provident by statutory definition qualified as both. O.R.C. §§ 1301.01(FF), (GG) 4 (U.C.C. 1-201). … A complaint may be dismissed on motion if it is clearly without any merit and it appears to a certainty that the plaintiff is entitled to no relief under any state of facts which can be proven.

Kaylor v. Holsinger (In Re Holsinger)

437 B.R. 260 · United States Bankruptcy Court, S.D. Ohio · Sep 30, 2010

Clearly meeting the first requirement of Rule 702, Yoder and Mitchell are both qualified by their long term experience in this particular field to offer expert opinions on residential construction. … However, these oral representations are not evidence of a fraudulent misstatement of fact, but are clearly promises of future performance within the subject matter of the written construction contract.

Bavely v. Ft. Thomas Bellevue Bank (In Re Triple a Coal Co.)

55 B.R. 806 · United States Bankruptcy Court, S.D. Ohio · Aug 9, 1985

The first qualifying phrase of that section squarely presents the issue of the banks’ right of setoff. … Deuble, 27 O.L.A. 533 (1938) (constructive trust imposed on bank account where defendant induced plaintiff to sign card making defendant a joint owner of account, even though plaintiff established little more than a unilateral

In Re Amko Plastics, Inc.

197 B.R. 74 · United States Bankruptcy Court, S.D. Ohio · Apr 10, 1996

Efforts are underway to hire new personnel, particularly qualified sales personnel for the merchandising of the new product lines. … The record at the hearing established that Newcastle became a creditor of the debtor by purchasing the claim of a direct creditor.

In Re Cardinal Industries, Inc.

142 B.R. 801 · United States Bankruptcy Court, S.D. Ohio · Feb 3, 1992

The decision in United Trucking was clearly grounded in equity to prevent what the court viewed as an otherwise unjust enrichment to the estate. … To qualify for an administrative expense, the debt must arise from a transaction with the debtor-in-possession postpe-tition and it must benefit the estate. White Motor, 831 F.2d at 110 .

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

443 B.R. 781 · United States Bankruptcy Court, S.D. Ohio · Dec 1, 2010

Because of his visual impairment, Wallace will never again be able to qualify for a driver’s license. … Under the case law discussed below, these expenses are clearly inadequate to support a minimal standard of living.

In Re Hogue

78 B.R. 867 · United States Bankruptcy Court, S.D. Ohio · Oct 8, 1987

Several reported decisions consider the question of whether debtors who are required to liquidate property in order to generate sufficient income to fund a Chapter 13 plan qualify as “individuals with regular income” as defined … Debtors introduced no evidence to establish that the sales and/or refinancings contemplated by their plans were reasonably likely to occur at the times specified in the plans.

Buckeye Retirement Co. v. Kakde (In Re Kakde)

382 B.R. 411 · United States Bankruptcy Court, S.D. Ohio · Feb 8, 2008

Clearly the Borrowing Base Certificates were not intended for that purpose, nor did they serve that purpose. … Provident had recourse to more significant reports and was clearly influenced by other circumstances in charting its lending course with USAT.

PaineWebber Inc. v. Magisano (In Re Magisano)

228 B.R. 187 · United States Bankruptcy Court, S.D. Ohio · Oct 23, 1998

“The phrase ‘while acting in a fiduciary capacity’ clearly qualifies the words ‘fraud or defalcation’ ...” 4 COLLIER ON BANKRUPTCY § 524 10[l][c] (15th ed.1997). … The existence of an express trust requires a clearly defined trust res, an unambiguous trust relationship, and specific, affirmative duties undertaken by a trustee.

Brumbaugh v. United States (In Re Brumbaugh)

267 B.R. 800 · United States Bankruptcy Court, S.D. Ohio · Aug 27, 2001

For purposes of establishing my status; and to establish the burden of proof of such status: *804 I deny that there is a law that made me formerly or makes me currently a taxpayer regarding income taxes; And I declare that … Section 523(a)(1)(C) precedent thus clearly establishes that a debtor’s failure to file tax returns and pay taxes — without any other affirmative act of evasion — can meet the conduct requirement of § 523(a)(1)(C) and support

Ransier v. Countrywide Home Loans, Inc. (In Re Seymour)

442 B.R. 652 · United States Bankruptcy Court, S.D. Ohio · Sep 27, 2010

However, “the Bankruptcy Code’s strong arm clause does not immunize a trustee who has constructive knowledge of a prior mortgage....” Zaptocky, 250 F.3d at 1027 (citation omitted). … It is well established that a mortgage must be properly executed for the recording to be effective. Ransier v. Standard Fed.

Southern Air Transport, Inc. v. Northwings Accessories Corp. (In Re Southern Air Transport, Inc.)

255 B.R. 715 · United States Bankruptcy Court, S.D. Ohio · Aug 15, 2000

Fla.Stat. § 329.01 clearly governs the filing of liens against aircraft, as in Air Florida, but does not apply to liens against spare aircraft parts. … The Affidavit of Thomas Gillies attached to Debtor's Motion for Summary Judgment specifies that Debtor was a "qualified air carrier” under 49 U.S.C. § 44705 , and was in possession of a "Part 121” air carrier operating certificate

In Re Nationwise Automotive, Inc.

250 B.R. 900 · United States Bankruptcy Court, S.D. Ohio · Jul 13, 2000

An obligation qualifies as an “actual, necessary” administrative expense only if: (1) it arose from a transaction with the bankruptcy estate, and (2) it directly and substantially benefited the estate. … The law on this issue is clearly established.