Case law

Grewe v. United States (In Re Grewe)

148 B.R. 824 · United States Bankruptcy Court, N.D. West Virginia · Nov 27, 1992

The I.R.S. concludes that, because the debtors cannot establish that the position of the I.R.S. was not substantially justified, they cannot be considered a prevailing party within the meaning § 7430(c)(4)(A), and, therefore … The court found that the statutory authorization for the award of attorneys fees, 28 U.S.C. § 2412 (b), was an express waiver, although limited, of sovereign immunity. See Conti at 128. 8 .

In Re AB & C Group, Inc.

411 B.R. 284 · United States Bankruptcy Court, N.D. West Virginia · Jul 2, 2009

To the extent that the Services Agreement would qualify as a contract that the Trustee must assume under § 365, the Trustee is free to assume it. … Establishment of an employee benefits plan creates a trust, the assets of which must be held by a fiduciary. 29 U.S.C. § 1103 (a).

Shafman v. United States Department of the Treasury (In Re Shafman)

267 B.R. 709 · United States Bankruptcy Court, N.D. West Virginia · Aug 2, 2001

Innocent Spouse Relief Under § 6015(c) For Taxpayers No Longer Married Although Shafman does not qualify for innocent spouse relief under § 6015(b), she does qualify for limited liability under § 6015(c). 1. … Shafman clearly demonstrated a lack of knowledge as to the majority of the financial affairs of the marriage and of Tenney’s business transactions in 1991, and the IRS did not prove otherwise.

In Re Morgantown Trust No. 1

155 B.R. 137 · United States Bankruptcy Court, N.D. West Virginia · Jun 3, 1993

... to establish ... uniform laws on the subject of bankruptcies.” … There are also cases which specifically address whether a “land trust” may qualify as a “business trust.”

Lockhart v. Washington County Child Support Enforcement Agency

United States Bankruptcy Court, N.D. West Virginia · Jun 24, 2021

Material facts are those which are necessary to establish a cause of action. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). … In 1992, the Supreme Court in Nordic Village held that § 106 of the Bankruptcy Code did not establish an unequivocal textual waiver necessary to avoid the government’s sovereign immunity in bankruptcy proceedings. 503

Sheehan v. Valley National Bank (In Re Shreves)

272 B.R. 614 · United States Bankruptcy Court, N.D. West Virginia · Jun 12, 2001

Valley requests that this Court adopt a more lenient standard under the contemporaneous exchange defense for the perfection of non-purchase money liens than the one clearly established for purchase money security loans under … It is clearly established that three elements must be shown in order for the earmarking doctrine to apply when a new lender is involved: (1) the existence of an agreement between the new lender and the debtor that the new

Graham v. Paugh, Jr.

United States Bankruptcy Court, N.D. West Virginia · Feb 6, 2023

Once the court establishes that the services and/ or money, for example, was obtained by false pretenses or misrepresentation, then “any debt” arising therefrom is excepted from discharge. Id. at 219. … Therefore, the record clearly establishes that the Defendant misrepresented himself as a licensed Contractor. Additionally, the Defendant knew his representations to the Plaintiff were false.

Bayer Employees Federal Credit Union v. Sapp (In Re Sapp)

364 B.R. 618 · United States Bankruptcy Court, N.D. West Virginia · Mar 26, 2007

Palmer stated that the Debtor’s debt to income ratio was O. 32, *629 which qualified him for the loan. … See, e.g., In re Treadwell, 699 F.2d 1050, 1051 (11th Cir.1983) (“[L]ove and affection are clearly insufficient to protect the transfers from the Trustee....

In re Fairmont General Hospital, Inc.

569 B.R. 421 · United States Bankruptcy Court, N.D. West Virginia · Mar 24, 2017

Therefore, at the time the Debtor discharged Marquardt, it was clearly prepared to live with the risks associated with a potential termination claim. … Because Marquardt’s termination arose post-petition, his severance claim does not qualify because it did not occur within 180 days before the filing of the petition. See In re M Group, Inc., 268 B.R. 896 (Bankr. D.

Centra Bank, Inc. v. Burton (In Re Burton)

416 B.R. 539 · United States Bankruptcy Court, N.D. West Virginia · Sep 18, 2009

Thus, some courts hold that to be a “fiduciary” under § 523(a)(4), the debtor must have “either expressly signified his intention at the outset of the transaction, or was clearly put on notice by some document in existence … [at a time when] federal bankruptcy and state corporation laws were as yet ill-established.”

In Re Morrell

394 B.R. 405 · United States Bankruptcy Court, N.D. West Virginia · Aug 14, 2008

To establish ... uniform Laws on the subject of Bankruptcies throughout the United States....” … A state statute “must be regarded as valid, unless it can be clearly shown to be in conflict with the constitution.” Id. at 393 , 16 S.Ct. 43 ; see also Oakland Club v.

Patrick Dewire Hottinger

United States Bankruptcy Court, N.D. West Virginia · Jul 20, 2023

A professional’s asserted travel time, however, may qualify as productive. … The authority established in Merry-Go-Round does not compel the court to reconsider its reduction under § 330 in compensation for travel.

Patrick Dewire Hottinger

United States Bankruptcy Court, N.D. West Virginia · May 3, 2023

A professional’s asserted travel time, however, may qualify as productive. … If, for example, “the professional establishes that he or she utilized that time productively by preparing for a meeting or court proceeding in the case, [then] compensation may be awarded at a higher percentage.”

In re Shafer Bros. Constr. Inc.

525 B.R. 607 · United States Bankruptcy Court, N.D. West Virginia · Jan 14, 2015

application in that regard and a verified statement in. support thereof “setting forth the person’s connections with the debtor, creditors, or any other party in interest ...” so that the court can adjudge whether they qualify … Some courts have held that “the decision to grant compensation is governed by § 330(a) and that provision, like § 328(c), clearly requires a valid appointment under § 327(a) as a prerequisite to an award of compensation.”

In Re Quigley

391 B.R. 294 · United States Bankruptcy Court, N.D. West Virginia · Jun 20, 2008

[The statute] establishes parameters for that determination and supplants a court’s determination only if the given standard is violated.” … court could interpret the term “projected” to allow it to consider post-petition changes in income, §§ 1325(b)(3) and 707(b)(2)(A)(iii)(I) concern the expense side of the disposable income equation and neither subparagraph qualifies

Panthera Enterprises, LLC

United States Bankruptcy Court, N.D. West Virginia · Apr 1, 2021

Approved Federal Savings Bank, 265 F.3d 248 (4th Cir. 2001), the Fourth Circuit noted that “[t]he primary purpose for [the 1993 amendment that added the safe-harbor provision] was to provide immunity from sanctions to … To the extent it relied on James Punelli as the primary basis for its factual investigation, that was clearly grossly deficient.10 As stated in In re Wilde Horse Enterprises, Inc., 136 B.R. 830, 841 (Bankr. C.D.

David v. Haywood

United States Bankruptcy Court, N.D. West Virginia · Jan 13, 2020

Material facts are those necessary to establish the elements of the cause of action. Anderson, 477 U.S. at 248. … By means of this recharacterization, the transaction does not qualify as a “loan of money” or a “forbearance” within the scope of the usury law, W. Va.

The Truth Tellers, LLC v. Levine

United States Bankruptcy Court, N.D. West Virginia · Mar 31, 2022

She established herself as President and Mr. Levine as Secretary of Truth Tellers,1 and Defendant was also made a signatory to the bank account. … Second, Plaintiff must establish that Defendant committed an act of defalcation while acting as a fiduciary.