Case law

In Re 1606 New Hampshire Avenue Associates

85 B.R. 298 · United States Bankruptcy Court, E.D. Pennsylvania · May 13, 1988

And, clearly, the realty in issue here is developed. … With some reluctance, we qualified him to provide expert testimony at all.

Von Kiel v. U.S. Dept. of Health & Human Services (In re Von Kiel)

473 B.R. 78 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 19, 2012

DeAngelis, and Assistant United States Trustee Dave Adams as defendants in this proceeding because they were entitled to absolute immunity from this suit and because they had no duty to report or investigate the claims that … As the Sixth Circuit Court of Appeals recognized, the Blum Declaration qualifies as a business record under Fed.R.Evid. 803(6) because “to qualify under the business records exception to the hearsay rule a 'witness need only

In re World Imports

516 B.R. 296 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 10, 2014

Co., 547 U.S. 651, 655 , 126 S.Ct. *298 2105, 2106 , 165 L.Ed.2d 110 (2006) (noting discrete exceptions to the general equality principle must be “clearly authorized by Congress”). … It is the Debtor’s position that a drop-shipment is not received by the retail merchant and so it can never qualify for administrative priority status under § 503(b)(9).

Mendelson v. Hargrove (In Re Mirkin)

100 B.R. 221 · United States Bankruptcy Court, E.D. Pennsylvania · May 25, 1989

The Defendants, meanwhile, clearly recorded their “second mortgage” before the mortgage now held by the Plaintiff. We find that the statutory law clearly supports the Defendants’ position. … Decisions of that Court, consistent with these statutes, have established that: (1) The priority of mortgages is generally established by which mortgage is left for recording first, with the first in time having priority.

In re World Imports, Ltd.

511 B.R. 738 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 18, 2014

Those dates were within 20 days prior to bankruptcy, and the claims, they argue, would therefore qualify for administrative priority. … That is indeed the case, so long as the state law does contravene an established federal interest. O’Melveny & Myers v.

In Re Dieckhaus Stationers of King of Prussia, Inc.

73 B.R. 969 · United States Bankruptcy Court, E.D. Pennsylvania · May 29, 1987

The Code states that debtor in possession “means debtor except when a person that has qualified under section 322 of this title is serving as trustee in the case.” 11 U.S.C. § 1101 (1). … In light of this strong expression of legislative intent, I conclude that a nonresidential lessor’s administrative expense claim arising under section 365(d)(3) should be paid immediately unless the trustee establishes good

In Re Stephenson

205 B.R. 52 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 10, 1997

The Debtor also fails to qualify for IFP relief because she has not established by a preponderance of the evidence that she lacks access to resources sufficient to pay the filing fee and at the same time provide the necessities … This ease is clearly distinguishable from Fullan . In the present ease, all of the Debt- or’s needs are being provided for by her family.

In Re Kulzer Roofing, Inc.

139 B.R. 132 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 10, 1992

More generally, the Local 30 Vacation Agreement sets forth how the trustees should utilize the Vacation Fund, describes the trustees’ authorized powers and immunities, and addresses several other issues. … In the instant factual setting, as will be demonstrated infra, there is no federal statute which so clearly provides that funds withheld are to be deemed held in trust.

In Re Schachter

228 B.R. 359 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 8, 1999

Walrath, then an eminently-qualified practitioner at Jacoby who was appointed to the bankruptcy bench of the District of Delaware, effective September 9,1998. … We therefore conclude rather easily that Lini is not entitled to nunc pro tunc appointment under § 503(b)(3)(B) by application of the clearly-established standards for such appointment in this Circuit.

Manes v. France (In Re Humphrey's Pest Control Co.)

80 B.R. 687 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 10, 1987

As is established in Roberts v. … Margaretten & Co., 79 B.R. 253, 258-60 (Bankr.E.D.Pa.1987), it is clearly established that the “parol evidence rule” does not bar a home purchaser’s claims for damages arising from hidden defects in a home purchased.

Irvine v. Commissioner (In Re Irvine)

163 B.R. 983 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 6, 1994

Since direct proof of a debtor’s willful attempt to evade taxes may be difficult to establish, “circumstantial evidence and reasonable inferences” drawn therefrom may be used to establish the debtor’s willfulness. … Gomberg, an expert on addictive behaviors, had presented sufficient credentials and experience to qualify as an expert with respect to pathological gambling.

Bennett v. Bennett (In Re Bennett)

175 B.R. 181 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 13, 1994

Because bankruptcy intervened before a qualified domestic relations order (“QDRO”) was issued which would give the ex-spouse her enforceable interest in debtor’s ERISA-qualified plan, the debtor contended that his ex-spouse … (The creditor clearly could have easily learned that the marital residence was the subject of divorce proceedings prior to lending money to the one spouse by simply checking the docket in the Court of Common Pleas.)

Greco v. Sallie Mae Servicing Corp. (In Re Greco)

251 B.R. 670 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 14, 2000

The burden of establishing *676 each prong of the Brunner test lies with the debtor. Id. at 306. … The Debtor’s earnings clearly exceed those of the unemployed Brunner debtor.

In Re Koren

176 B.R. 740 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 5, 1995

We first review the standards for granting IFP relief, and determine that, putting aside the issue of payment of the attorney’s fee, the Debtor clearly qualifies for IFP status. … PUTTING ASIDE THE PAYMENT TO COUNSEL, THE DEBTOR CLEARLY MEETS THE STANDARD FOR PROCEEDING WITH THIS CASE IN FORMA PAUPERIS.

In Re B. Cohen & Sons Caterers, Inc.

147 B.R. 369 · United States Bankruptcy Court, E.D. Pennsylvania · Nov 25, 1992

sought by the instant Claimant is generally a more palatable remedy than that sought in Sturm, i.e., recoupment of funds allegedly wrongfully paid from the recipients of such funds, rather than an effort to hold a possibly immune … In that way, she could have established the legitimacy of her claim, leaving open only the issue of whether she had a valid administrative claim.

Blakey v. Pierce (In Re Blakey)

76 B.R. 465 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 16, 1987

The opinion of the Debtor is clearly based on the particular characteristics of the premises, but must also be weighed for bias and absence of expertise. 3. … We can only surmise that she is unbiased or qualified to make the report. The appraisal is five years removed in time.

In Re West Chestnut Realty of Haverford, Inc.

177 B.R. 501 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 27, 1995

Case law has fairly well established the proposition that stock option agreements are generally executory contracts within the ambit of 11 U.S.C. § 365 and the foregoing test. … In this Court’s view, the extinguishment of DiFrancesco’s contingent equity interest clearly impairs DiFrancesco.

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

291 B.R. 665 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 8, 2003

Ap-gar has a right to rescind the loan, does this form clearly and conspicuously inform her of that right? Mrs. … Determined the maximum amount they would qualify for; xvii. Helped clear up some of plaintiffs credit problems; and xviii.

In Re Mall at One Associates, L.P.

185 B.R. 981 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 3, 1995

The Debtor next called Martin Sigel, qualified as an expert appraiser, to allegedly quantify the economic effect of these new and renewed leases. … Nor has it even established that the Debtor proposed the Plan in a mode of full cooperation with either of the Creditors, as in Cann & Saul, supra, 86 B.R. at 414 . BNY clearly opposed the Plan.

In Re Richard Buick, Inc.

126 B.R. 840 · United States Bankruptcy Court, E.D. Pennsylvania · May 9, 1991

Therefore, invocation of the doctrine of waiver appears clearly inapposite. … However, the crucial qualifying language in this clause is that GMAC’s security interest extends only to the referenced assets as described in the “Security Documents.”