Case law

In re Devey

590 B.R. 706 · United States Bankruptcy Court, D. South Carolina · Aug 17, 2018

The Petersons' Burden at the Hearing Despite the failure of the Claim to qualify as prima facie evidence of validity and amount, the Petersons were, nonetheless, entitled to present evidence to establish the validity and … It seems clearly within the parties' expectations that such a contingent and unliquidated claim must be proven.

Shugrue v. Fischer (In Re Ionosphere Clubs, Inc.)

164 B.R. 839 · United States Bankruptcy Court, S.D. New York · Feb 18, 1994

Although that factual scenario is somewhat analogous to the case at bar, it is clearly distinguishable. … The government in Cherry “sought neither immunity nor priority.” Cherry, 327 U.S. at 540 , 66 S.Ct. at 712 .

United States v. Collier

8 B.R. 909 · United States Bankruptcy Court, S.D. Ohio · Feb 6, 1981

These defenses give rise to several complicated issues clearly to delineate exactly what the defendant wishes to prove to the Court. … The right to a discharge is purely statutory, and the Congress may at any time amend, qualify, or remove this statutory right.

Erbschloe v. U.S. Department of Education (In re Erbschloe)

502 B.R. 470 · United States Bankruptcy Court, W.D. Virginia · Jun 13, 2013

The second prong of the Brunner Test is the heart of the test because it “most clearly reflects the congressional imperative that the debtor’s hardship must be more than the normal hardship that accompanies any bankruptcy … Furthermore, the Court has found that the Debtor qualifies for the Income Based Repayment Plan.

Allison v. United States (In Re Allison)

232 B.R. 195 · United States Bankruptcy Court, D. Montana · Dec 4, 1998

Even assuming *203 Martha could establish a right to sue under § 7426, the Plaintiff loses on the established facts in the record. … Allison clearly and intentionally misses the constitutional mark. As decided in William E. Peck & Co., Inc., v.

In Re Gift

469 B.R. 800 · United States Bankruptcy Court, M.D. Tennessee · Mar 22, 2012

Both the policy and the result clearly seem unwise. … Jan. 5, 2009) (finding that penalties may not qualify as "fees” or "costs,” but qualify as "charges.”). In this unpublished decision, the bankruptcy court found a statutory tax penalty was a "charge” under section 506.

In Re Lampkin

221 B.R. 390 · United States Bankruptcy Court, W.D. Texas · Apr 28, 1998

The other three factors, while relevant, are clearly not an exhaustive list. … Here, this Debtor does qualify for Chapter. 13.

Gray Ex Rel. Dehon, Inc. v. Barnett (In Re Dehon, Inc.)

334 B.R. 55 · United States Bankruptcy Court, D. Massachusetts · Oct 5, 2005

Little Employees’ MDT Retirement Plan (the “ERISA Plans”), both of which qualify as “plans” within the meaning of ERISA. … Thus, the claims do not have a “connection with” ERISA-qualified plans.

Springfield Hospital, Inc. v. Carranza, in her capacity as Administrator for the

United States Bankruptcy Court, D. Vermont · May 4, 2020

If the Defendant is not protected by sovereign immunity, then the Court must next determine whether the Plaintiff has met its burden of establishing that a TRO is warranted based on any of the Plaintiff’s alleged bases … Since the Court rejected this sovereign immunity argument in its analysis of the likelihood of the merits, supra, it does not address it again here. 7 The Court makes no findings as to whether the Plaintiff qualifies for

In Re Lusiak

247 B.R. 699 · United States Bankruptcy Court, N.D. Ohio · Mar 9, 2000

Section 522(d)(1) of the Bankruptcy Code implements this policy by protecting a debt- or’s interest in their home, up to Sixteen Thousand One Hundred Fifty dollars ($16,150.00), to the extent that such a home qualifies as … In order to establish these criteria, bare allegations by the debtor of an intent to return to his property are insufficient.

In re Chugach Alaska Corp.

147 B.R. 214 · United States Bankruptcy Court, D. Alaska · Sep 17, 1992

Once it has received the benefit or use of the losses, however, it is not immune from AMT or environmental taxes. … Congress clearly could have excluded Native corporations from the alternative minimum tax altogether. It chose not to do so.

In re Borin

461 B.R. 719 · United States Bankruptcy Court, W.D. Michigan · Nov 2, 2011

Here, as the court noted, Arch Bay has not established that it qualifies as a “financial institution” within the meaning of the particular statute of frauds it cites. 2 For the foregoing reasons, the court will sustain the … CONCLUSION The record establishes that Mr.

Belmont Realty Corp. v. Rhode Island Hospital Trust National Bank (In Re Belmont Realty Corp.)

116 B.R. 21 · United States Bankruptcy Court, D. Rhode Island · Jun 20, 1990

Thus, the alleged oral agreement falls clearly into the category of a “condition subsequent”, which does not qualify as an exception to the parol evidence rule. … A motion to dismiss addresses only the allegations in the complaint, and Hospital Trust cannot be required to defend this adversary action through lengthy discovery, when it has clearly established grounds for dismissal on

In re Shields

586 B.R. 315 · United States Bankruptcy Court, W.D. Missouri · Mar 15, 2018

First, the SERP does not qualify for exemption under (10)(e) if: (1) The plan or contract was established "by or under the auspices of an insider that employed [the debtor] at the time [the debtor's] rights arose" under the … The SERP payments to Wallace represent compensation that Wallace deferred into retirement and clearly function as a substitute for wages during Wallace's retirement years.

Petrosky v. Petrosky (In Re Petrosky)

325 B.R. 475 · United States Bankruptcy Court, M.D. Florida · Jun 3, 2005

This determination must be made by the relevant part of the record established in the divorce court as supplemented by the testimony of the parties. … The court held that the obligation to pay tuition for the children was in the nature of support under the agreement because that provision fell under the heading “child support” as it was clearly written in their divorce

Goldsmith v. Woodman (In re Woodman)

497 B.R. 668 · United States Bankruptcy Court, D. Massachusetts · Aug 21, 2013

As such, the trustee meets the good faith purchaser requirements established under Mass. Gen. Laws ch. 185 § 46. … Registered land is immune from prescriptive claims, such as easements, based on use or necessity. Unregistered land is not. Hon. Gordon H. Piper & Diane C.

In Re Lafferty

229 B.R. 707 · United States Bankruptcy Court, N.D. Ohio · Jul 27, 1998

Post-discharge lawsuits *713 are clearly prohibited. … National also clearly engaged in acts to collect a discharged debt.

Holt v. Federal Deposit Insurance (In Re Instrument Sales & Service, Inc.)

99 B.R. 742 · United States Bankruptcy Court, W.D. Texas · Jul 7, 1987

The corporate FDIC is clearly “immediate or mediate” transferee of the Bank. … Moreover, the case law clearly establishes, when § 550 is asserted, that the trustee bears the burden of at least asserting that the transferee is not a transferee protected by § 550.

Garrett v. Vaughan (In Re Vaughan)

261 B.R. 700 · United States Bankruptcy Court, W.D. Oklahoma · Feb 16, 2001

Again, Vaughan’s beneficial interest in the Trust is clearly covered by the statute. … It is clear from a plain reading of these statutory provisions that the undisputed facts in this case establish that the Disclaimer does not qualify as a statutory disclaimer under Oklahoma law.

In Re Richardson

75 B.R. 601 · United States Bankruptcy Court, C.D. Illinois · Jul 2, 1987

It is this Court's opinion that, under the terms of the property settlement order the trial court awarded ROSA an equitable interest in the real estate. 2 The court or *604 dered a sale of the farm, which was clearly marital … This Court finds that the Caterpillar Inc. pension plan would qualify under Illinois law as a spendthrift trust.