Case law

Fryer v. Easy Money Title Pawn, Inc. (In Re Fryer)

183 B.R. 322 · United States Bankruptcy Court, S.D. Georgia · Jun 12, 1995

The testimony at hearing clearly established that these four requirements are met, hence Regulation Z is applicable to Easy Money in this transaction. Creditors must strictly comply with TILA’s requirements. Rodash v. … Arrington’s testimony established that the 25% per month fee includes 2% interest and 23% service charge, which qualifies as a finance charge under Regulation Z: The finance charge includes the following types of charges,

In Re Consolidated Freightways Corp. of Del.

363 B.R. 110 · United States Bankruptcy Court, C.D. California · Apr 25, 2007

The legis *119 lative history of § 507(a)(5) clearly establishes that Congress meant to provide qualified priority protection to certain fringe benefits. … Congress has clearly dem *122 onstrated its intent to protect retiree benefits.

Mills v. Webster (In Re Multimedia Communications Group Wireless Associates)

212 B.R. 1006 · United States Bankruptcy Court, M.D. Florida · Aug 28, 1997

Clearly, the evidence demonstrates that the various entities were related. … The Trustee argues that he has a “qualifying unsecured creditor” in Terry Hopkins; this Court does not agree. First, Ms.

In Re Mavellia

149 B.R. 301 · United States Bankruptcy Court, E.D. New York · Dec 4, 1991

The Courts which have considered the matter have apparently not viewed the existence of ongoing litigation as alone establishing the existence of a bona fide dispute. … did in this case) upon an assessment of witnesses’ credibilities and other factual considerations, the bankruptcy court’s determination in this regard is a factual finding that may be overturned on appeal only if it is clearly

Holland Industries, Inc. v. United States (In Re Holland Industries, Inc.)

103 B.R. 461 · United States Bankruptcy Court, S.D. New York · Jun 28, 1989

. § 7421 (1989), the Court lacks jurisdiction to prevent the IRS from attempting to collect taxes from non-debtors, and that the *464 United States has not waived its sovereign immunity. … the issue of the validity vel non of the IRS liens on non-debtor property bears such a direct nexus to Congress’ exercise of its Article I bankruptcy power, similar to the items enumerated in 28 U.S.C. 157(b)(2), that it qualifies

Benoit v. Lassina (In Re Lassina)

261 B.R. 614 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 20, 2001

May 6, 1999), that the language of section 1930 permits the waiver of the administrative filing fees set by the Judicial Conference, reasoning that Congress clearly intended that this fee might be waived under section 1915 … The applicant who seeks IFP treatment must submit an affidavit which establishes that she cannot afford to pay the filing fees or other costs of litigation. Adkins v. E.I.

American Freight System, Inc. v. Sagaz Industries, Inc. (In re American Freight System, Inc.)

191 B.R. 453 · United States Bankruptcy Court, D. Kansas · Jan 17, 1996

AFS contends that Sagaz has failed to make the requisite preliminary showings under the NRA that would establish that the NRA applies to AFS’s claims and further that Sagaz has failed to show that it qualifies for an exemption … [[Image here]] This bill establishes settlement formulas for a variety of situations.

In Re Engman

395 B.R. 610 · United States Bankruptcy Court, W.D. Michigan · Oct 8, 2008

A trustee, though, is not the only qualified candidate. A committee of creditors could also accomplish the task. So, too, could the debtor. Or the court itself could be the designated agent. … However, other subsections of Section 363 establish that authority is in fact what is at issue.

In Re Goertz

202 B.R. 614 · United States Bankruptcy Court, W.D. Missouri · Oct 22, 1996

“The legislative history of this section clearly establishes Congressional intent that the bankruptcy estate be as all-encompassing as the language indicates.” Garner v. … Use of the term “local” qualifies the type of benefits that are exemptible, as recognized in Davis, 136 B.R. at 207 , which addressed language similar to that in Missouri’s statute.

Shipwrights, Joiners & Caulkers Local 2071 of the United Brotherhood v. Uniflite, Inc. (In Re Murray Industries, Inc.)

110 B.R. 585 · United States Bankruptcy Court, M.D. Florida · Jan 12, 1990

by the Bankruptcy Code, especially with the priority scheme established by § 507 and § 1129(9)(B). … This is so because if these claims are prepetition claims, of course, they would not qualify to be treated as cost of administration under § 503 of the Code.

Yoon v. Krick (In Re Krick)

373 B.R. 593 · United States Bankruptcy Court, N.D. Indiana · Sep 12, 2007

The record clearly establishes that transfer of whatever interest was held in the subject real estate by Brenda on the date of confirmation of her Chapter 13 plan was made by means of a quit claim deed to her parents subsequent … This transfer clearly violated the provisions of paragraph 7 of the confirmation order.

In Re MacK

269 B.R. 392 · United States Bankruptcy Court, D. Minnesota · Nov 2, 2001

MINNESOTA COMMON LAW It is clearly established that section 541(c)(2) of the Bankruptcy Code was intended to preserve the status of a spendthrift trust which would be recognized by state law. Patterson v. … Patterson concerned an ERISA [7] qualified employer pension plan that did not qualify as a spendthrift trust under state law.

Campton v. United States Department of Education (In Re Campton)

405 B.R. 887 · United States Bankruptcy Court, N.D. Ohio · May 5, 2009

Stemming from this principle, this Court has consistently espoused the maxim ... that, (1) a debt- or’s distressed state of financial affairs must be the result of events which are clearly out of their control, and (2) the … As such, the Court is unable to find that the Debtor qualifies for an “undue hardship” discharge of his educational debt under § 523(a)(8).

In Re Samaniego

224 B.R. 154 · United States Bankruptcy Court, E.D. Washington · Aug 13, 1998

The State of Washington has established procedures for collection of past due real estate taxes. … Delivery and recording of the Treasurer’s deeds are clearly acts to obtain possession of that bare legal title from the estate and establish control over it.

Olson v. Parker (In Re Parker)

395 B.R. 12 · United States Bankruptcy Court, W.D. Michigan · Sep 16, 2008

Defendant seizes upon the immunity of entireties property from all but joint claims to make his case. … Debtor clearly did not have the authority to transfer the bankruptcy estate’s interest in the residence since at that time the requisite authority rested with only Trustee. 11 Moreover, this court’s own records establish

In Re Wall Tube and Metal Products Co.

56 B.R. 918 · United States Bankruptcy Court, E.D. Tennessee · Jan 17, 1986

Clearly, once the property is no longer property of the estate, any expenses thereafter incurred in connection with the property cannot qualify as administrative costs of preserving the estate. … In this connection, the court notes: [T]his statute ... clearly embodies a Congressional intention to prevent bankruptcy trustees from using the authority of the federal courts to immunize themselves from state regulation

American Honda Finance Corp. v. Cilek (In Re Cilek)

115 B.R. 974 · United States Bankruptcy Court, W.D. Wisconsin · Apr 13, 1990

Plumb, The Recommendations of the Commission on Bankruptcy Laws — Exempt and Immune Property, 61 Va.L.Rev. 1, 58-59 (1975). … The assets of a Keogh plan, in contrast, are clearly assets of the estate.

In Re Allard

196 B.R. 402 · United States Bankruptcy Court, N.D. Illinois · May 9, 1996

On March 23, 1995, a memorandum of judgment was filed with the Recorder of Deeds of Kane County, Illinois, which established a judicial lien clouding the title upon the Debtor’s residence. … In Paeplow, 972 F.2d 730 and In re Hunter 970 F.2d 299 (7th Cir.1992), the Seventh Circuit construed the Indiana tenancy by the entirety statute, which is clearly distinct from the Illinois statute.

In re Rommer

549 B.R. 72 · United States Bankruptcy Court, D. Vermont · Mar 31, 2016

The definition of homestead clearly contemplates a broader scope, including land that is also convenient for family use. … However, as clearly established by Mead , the mere fact that a portion of property is used for a commercial purpose does not automatically disqualify that portion from being exempt under the homestead statute.

In re NE Opco, Inc.

501 B.R. 233 · United States Bankruptcy Court, D. Delaware · Nov 1, 2013

For a start, both are clearly goods under the plain meaning of the U.C.C. … It held that the relationship between the debtor and Puerto Rico Electric Power Authority (PREPA), which was clearly one between a customer and a utility, was governed as a service by section 366 of the Code.