Case law

In Re Symons Frozen Foods Inc.

425 B.R. 589 · United States Bankruptcy Court, W.D. Washington · Mar 5, 2010

Watts therefore does not qualify as a PACA trust beneficiary. … This language clearly indicates that the separate writing requirement applies in the context of an agency relationship that arises before the transaction that creates the PACA trust, not in the context of the fiduciary duty

Bryce v. Lawrence (In re Bryce)

491 B.R. 157 · United States Bankruptcy Court, W.D. Washington · Mar 1, 2013

The creditor must clearly disclose the rescission right to the debtor. 15 U.S.C. § 1635 (a). … Although the Defendants did submit a response, the response was clearly incomplete.

Schafer v. Las Vegas Hilton (In Re Video Depot, Ltd.)

186 B.R. 126 · United States Bankruptcy Court, W.D. Washington · Aug 29, 1995

Second, the minimum level of control necessary to qualify as initial transferee is the right to put the money to one’s own purpose. … Clearly the debtor and Airbrush were not conduits, because the debtor had full control over the funds.

Hammond v. Gee (In Re Gee)

156 B.R. 291 · United States Bankruptcy Court, W.D. Washington · Jun 28, 1993

TRIAL At trial 6 Hammond, a community college student and part-time model, testified about her hiring by Gee as a receptionist for Star Limousine, over better qualified applicants (whose resumes- she later filed), apparently … The evidence clearly established that Gee made sexual advances on Hammond (uncontested) which included physical contact (the parties differ on the extent).

Miller v. Apfel-Wilson (In Re Apfel-Wilson)

165 B.R. 939 · United States Bankruptcy Court, W.D. Washington · Mar 29, 1994

The second and third elements are clearly satisfied in this ease. More troublesome is the first element, which requires that the identical, determinative issues were in fact litigated in the prior proceeding. Beagles v. … Further, in In re Kirsh, 973 F.2d 1454 (9th Cir.1992), the Ninth Circuit established a requirement that the plaintiffs reliance on the debtor’s statements be justified.

Farmer v. Navient Solutions, LLC (In re Farmer)

567 B.R. 895 · United States Bankruptcy Court, W.D. Washington · May 4, 2017

The Bankruptcy Code clearly categorizes such claims as core matters. 28 U.S.C. § 157 (b)(2)(I). Navient presents no argument to the contrary. … This proceeding involves only the question of whether the Loan qualifies as the type of loan described in , subsection (a)(8).

In Re Kandu

315 B.R. 123 · United States Bankruptcy Court, W.D. Washington · Aug 17, 2004

The Supreme Court has identified the nature of rights that qualify for heightened judicial protection. … The legislative history clearly reveals that the primary purpose of DOMA is to restrict marriage to one man and one woman.

Brown v. Morton (In Re Workboats Northwest, Inc.)

201 B.R. 563 · United States Bankruptcy Court, W.D. Washington · Sep 27, 1996

As to the consideration qualifying for the subsequent new value exception, [It] may include more than goods sold on unsecured credit or money lent. … The defendants have established the new value defense to a preferential transfer. 2.

In Re Columbia Plastics, Inc.

251 B.R. 580 · United States Bankruptcy Court, W.D. Washington · Jul 12, 2000

A trustee seeking compensation has the burden of establishing that he or she is entitled to the fees requested. … As the trustee bears the burden of proof in a fee application matter, it is not asking too much of the trustee to clearly inform the court as to the work that he or she performed.

In re Fraser's Boiler Serv., Inc.

593 B.R. 636 · United States Bankruptcy Court, W.D. Washington · Nov 20, 2018

The decision of the Bankruptcy Court for the District of Montana in Yellowstone Mountain Club, LLC is instructive on this issue: This court is bound by, and does not dispute the legal precedent established in Lowenschuss … "[T]he lines separating actions protected by immunity from actionable conduct are neither clearly nor easily drawn." Id. "[D]ecisions in this area have arrived at varied and often inconsistent results." Id. at 479 .

Ellis v. Mirghanbari (In re Pittman)

540 B.R. 451 · United States Bankruptcy Court, W.D. Washington · Sep 4, 2015

“Clearly, the legislature’s choice of different language” in RCW 30A.22.090(1) and (2) “indicates a different legislative intent.” Conover, 355 P.3d at 1097 . … In addition, RCW 30A.22.020(2) specifically provides that one of the purposes of the Deposit Act is to “qualify and simplify the law concerning the respective ownership interests of individuals to funds held on deposit by

In re Breast Cancer Prevention Fund

574 B.R. 193 · United States Bankruptcy Court, W.D. Washington · Aug 28, 2017

For example, the minutes from that meeting state that: RESOLVED, that Legacy was the only qualified firm that responded to the RFP. James C. … Calls to prior donors are pure fundraising expenses that do not qualify for joint cost treatment. .

In Re New England Fish Co.

33 B.R. 413 · United States Bankruptcy Court, W.D. Washington · Oct 5, 1983

When the trustee qualified, confusion and disarray abounded. The trustee needed immediate assistance to effect an orderly transition and to commence liquidation of this (approximately) seventy million dollar estate. … Douglas’ assistance at auctions, procuring of insurance, negotiating office leases, performing messenger duties, conducting legal research, claims work, and managing the trustee’s office clearly are beyond even the most liberal

Sherron Associates Loan Fund XXI (Lacey) L.L.C. v. Thomas (In re Parks)

503 B.R. 820 · United States Bankruptcy Court, W.D. Washington · Dec 18, 2013

See Highway & City Freight Drivers, 576 F.2d at 1288 n. 2 (rejecting application of state law and holding that “[fjederal law clearly controls the interpretation of federal statutes”). … Co.), 137 B.R. 332, 334-35 (W.D.Mo.1992) (establishing control is not necessary to qualify as per se statutory insider); Angell v. First Eastern, L.L.C.

Calvert v. Radford (In re Consolidated Meridian Funds)

487 B.R. 263 · United States Bankruptcy Court, W.D. Washington · Jan 29, 2013

Clearly, however, it does not, for the court there noted in a footnote that the case did not involve investors who received more from the debtor than the amounts they invested. … The Ninth Circuit Court of Appeals held in Slatkin that a Ponzi scheme operator’s plea agreement is admissible under Federal Rule of Evidence 807 and that a guilty plea conclusively establishes the debtor's fraudulent intent

Altanatural Inc v. New Investments Inc

United States Bankruptcy Court, W.D. Washington · Jun 25, 2019

Altanatural did not fail to “establish damages with reasonable certainty.” Holmquist v. King County, 368 P.3d 234, 238 (Wash. Ct. App. 2016). … The bankruptcy court did not clearly err in rejecting New Investments’ waiver and equitable estoppel defenses.

McCarty v. National Bank of Alaska, N.A. (United Marine Shipbuilding Inc.)

198 B.R. 970 · United States Bankruptcy Court, W.D. Washington · Jul 9, 1996

Once established, the right to setoff is treated as an allowed secured claim under 11 U.S.C. § 506 (a). Id. at 469 . … The inadvertent release of the funds by the IRS to the Trustee does not qualify as an act by the government inconsistent with exercising a right of offset so as to amount to a waiver of that right.

MacGibbon v. MacGibbon (In Re MacGibbon)

383 B.R. 749 · United States Bankruptcy Court, W.D. Washington · Feb 29, 2008

However, as the custodial parent of the five minor children, she will clearly need to receive substantial child support, property and maintenance. Maintenance is a flexible tool. … As such, he is qualified to fly B-727 and A-300 airplanes. As a captain, it is estimated his average net salary in 1999, before voluntary retirement plan deductions, will be about $12,200 per month. Mr.

Butler v. One West Bank, FSB (In re Butler)

512 B.R. 643 · United States Bankruptcy Court, W.D. Washington · Jul 9, 2014

The deposition of Sten-man, submitted by Plaintiff, clearly indicates that Northwest Trustee reviewed the Beneficiary Declaration to ensure that One West was the beneficiary. … In McDonald , under similar facts, Judge Lasnik found that the requisite agency relationship between One West and Deutsche Bank had not been established' — but he apparently was not presented with the supporting details provided

Schmalenberg v. Sunwest Bank

United States Bankruptcy Court, W.D. Washington · Oct 8, 2020

as an expert and his report does not 20 qualify as an expert report. … For purposes of summary 14 judgment, however, as already ruled by the Court at the hearing, the Schmalenbergs have 15 failed to establish that he is qualified as an expert and that his opinion will assist the Court in