Case law

In Re Brown

75 B.R. 1009 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 6, 1987

In these circumstances, I agree that Meritor has established “cause” for granting relief from the automatic stay pursuant to 11 U.S.C. § 362 (d)(1). Rouse, 48 B.R. at 241 . An appropriate order will be entered. 1 . … The analysis of Pennsylvania law in Rouse must be qualified in one significant respect.

Mega Enterprises, Inc. v. Lahiri (In Re Lahiri)

225 B.R. 582 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 14, 1998

However, it clearly established that it is owed in excess of $80,000 for unpaid steel products and Weiss established that, to repay his suppliers, he and his wife borrowed funds from relatives and from a lender who took a … Assuming, for purposes of argument, that Debtor’s issuance of “NSF” checks qualifies as malicious behavior, there is no indication that he acted willfully; i.e., with intent to cause harm to Plaintiffs.

Fryman v. Sim Textile Co. (In Re Art Shirt Ltd.)

68 B.R. 316 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 30, 1987

We hold that, on this record, the evidence clearly indicates that we must do so, and hence we find that the Debtor was indeed insolvent on the dates of the transfers. … The shipment and invoice dates are established as very close or identical.

Meridian Bank v. Bell Fuel Corp. (In Re Bell Fuel Corp.)

97 B.R. 193 · United States Bankruptcy Court, E.D. Pennsylvania · May 4, 1989

One responsive argument made by the Committee is that the passage quoted from the Loan Agreement is ambiguous, and that the term “general intangibles” may be read as qualified by the phrase “relating to any of the foregoing … As the Committee points out, the Bank could have perhaps established a superior right to the funds by having itself named loss payee on the policy in issue.

In Re Beck-Rumbaugh Associates, Inc.

103 B.R. 628 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 4, 1989

The stock certificate was produced to establish valid execution on same, since it was in C’s possession. … Fill establishes that the favored creditor need not be a corporate insider.

In Re Day

208 B.R. 358 · United States Bankruptcy Court, E.D. Pennsylvania · May 15, 1997

A post-trial briefing schedule was established and, after several extensions, was completed on May 7,1997. … These provisions in and of themselves establish an express warranty of habitability binding on the CHA.

In Re Capital Center Equities

144 B.R. 262 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 2, 1992

Hence, the Debtor is clearly properly characterized as a “sole proprietorship owned and operated by individuals or families.” Id. at 1068. … The Plan clearly fails to meet this requirement.

Lopez v. First Judicial District (In re Lopez)

531 B.R. 554 · United States Bankruptcy Court, E.D. Pennsylvania · May 18, 2015

Moreover, the Kelly Court clearly did what it did “in light of the history of bankruptcy court deference to criminal judgments,” id. at 44 , 107 S.Ct. 353 , and to avoid “federal remission of judgments imposed by state criminal … To the contrary, the record establishes that the fees here were not, in fact, a part of the Sentencing Order.

In Re Geiger

137 B.R. 586 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 4, 1992

It is perhaps pertinent to note, at this juncture, that it was established, in In re Johnson-Allen, 871 F.2d 421 , 423, 428 (3d Cir.1989), aff'd sub nom. … Nordic Village, Inc., ___ U.S. ___, 112 S.Ct. 1011 , 117 L.Ed.2d 181 (1992) ( 11 U.S.C. § 106 (c) does not waive federal immunity).

Bryant v. Woodland (In Re Bryant)

103 B.R. 95 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 24, 1989

Mid-Penn may have been a second mortgage holder, but the evidence does not show this clearly. 3 . … The relationship of these two pages was not made clear at trial; it was not established that the pages were intended to be incorporated as one document. 7 .

In Re MacDonald

222 B.R. 69 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 24, 1998

“Clearly, evidence not admitted into the record cannot be considered.” In re Blanchard, 201 B.R. 108 , 114 & n. 1 (Bankr.E.D.Pa.1996). … Nor is the Trustee immune from this epidemic of “briefitis.”

In Re Kenval Marketing Corp.

40 B.R. 445 · United States Bankruptcy Court, E.D. Pennsylvania · May 31, 1984

Four months later, on July 6, 1983, three qualified creditors, to whom was owed 72% in amount of the claims against the debtor, filed an involuntary petition for relief against it under chapter 7 of the Bankruptcy Code (“ … In our original opinion we held that the petitioning creditors had established a pri-ma facie case for the entry of relief under 11 U.S.C. § 303 (h), 4 which conclusion is not challenged in the motion for reconsideration.

In Re Miller

335 B.R. 335 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 19, 2005

Clearly, the Trustee must concede that the Debtor must pay for some housing; the question is how much? … Without proof of some restraint on assignment, privity by succession would be established between the Debtor and the present holders. 6 .

In Re Shapiro

109 B.R. 127 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 4, 1990

We are therefore inclined to deny this motion without prejudice, in the event that a record establishing such issues, or showing that they cannot be established, is made later. … However, if we were to accept Powell’s appraisal figure, we would have to find that the Debtor, at the time of purchase; the other qualified appraisers, hired by and relied upon by Liberty less than a year ago; and Hirsch

In Re Berg

407 B.R. 167 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 1, 2009

Id. 3 Clearly the issue was not the IRS’s failure to observe that Debtor had filed a *171 return. … The legal principles that govern this dispute are very well established.

In Re Joshua Slocum, Ltd.

99 B.R. 250 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 29, 1989

Like any new tenant obtained by Denney, it will clearly start anew without advertising any “going out of business sale.” … However, clearly not all such covenants are unenforceable.

Tabita v. Internal Revenue Service (In Re Tabita)

38 B.R. 511 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 21, 1984

Section 547(e)(3) establishes that a transfer cannot occur before the debtor has acquired rights in the property transferred. … No. 95-989, 95th Cong., 2d Sess. *515 (1978) 27, and § 101(40) clearly includes indirect payments.

In Re Vic Snyder, Inc.

50 B.R. 631 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 28, 1985

. *634 The debtor points to a series of events from November of 1976 to February of 1977 which establish a “pattern of communicated dissatisfaction with Stern’s job performance.” (emphasis added.) … Therefore, we are not convinced that the purported decline in corporate profits was clearly attributable to Stern’s performance.

Frymire v. Painewebber, Inc. (In Re Frymire)

96 B.R. 525 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 10, 1989

We observed that, in these circumstances, the Defendants enjoyed a qualified privilege which allowed the Plaintiff to succeed in such a claim only if the Plaintiff established that the published matter in issue was both false … Clearly, the Plaintiff was not very concerned about any violation of this condition.

Escher v. Decision One Mortgage Co. (In Re Escher)

369 B.R. 862 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 12, 2007

Escher, Countrywide took pains to establish that the Plaintiffs were not accusing Countrywide of having actively violated TILA. Countrywide Brief, 8 quoting Escher Dep. @ 120-122. … So even if the Court were to find that the lender failed to disclose the finance charge, nothing in this record, establishes scienter on Countrywide’s part.