Case law

First National Bank of Boston v. Mann (In Re Mann)

40 B.R. 496 · United States Bankruptcy Court, D. Massachusetts · Jul 13, 1984

The Bank contends that the company wrongfully listed three accounts receivable as fully earned on the reports submitted to the Bank when in fact they were not qualified accounts. … Although the May 1982 receivable report lists the account in the amount of $60,000, the amount due Data Three was clearly reflected as an offset in the profit and loss statements also submitted to the Bank.

In re Erskine

550 B.R. 362 · United States Bankruptcy Court, W.D. Tennessee · Apr 8, 2016

A briefing schedule was established and later modified. Briefing was completed by the filing of the Trustee’s reply brief on March 11,2016. … The Trust Agreement clearly does not protect the interest of the Trustmaker during his lifetime from the claims of his creditors.

In Re Pan Am Corp.

124 B.R. 960 · United States Bankruptcy Court, S.D. New York · Mar 18, 1991

A plain reading of section 1110 would dictate the terms lease and lessor be given its ordinary meaning and not be qualified in any fashion. … Clearly, the Debtors were in need of increased working capital.

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 Brooks

248 B.R. 99 · United States Bankruptcy Court, W.D. Michigan · Mar 8, 2000

The Purchase Agreements included in Settlement Funding’s Exhibit Booklet establish that Mr. … Co., 78 F.Supp.2d 1349 (N.D.Ga.1999) (“What the [beneficiaries of the settlement agreement] have assigned, as clearly set forth in the various Purchase Agreements, are their rights to receive the Periodic Payments under the

PG&E Corp. v. Fed. Energy Regulatory Comm'n (In re PG&E Corp.)

603 B.R. 471 · United States Bankruptcy Court, N.D. California · Jun 7, 2019

To establish standing, a plaintiff must establish injury, causation and redressability. … FERC's sovereign immunity argument lacks merit. C.

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.

Getaz v. Stewart (In Re Stewart)

123 B.R. 817 · United States Bankruptcy Court, W.D. Tennessee · Feb 8, 1991

Therefore, the Court concludes that a defalcation has been established by the proof. … establishes a trustee role and fiduciary duty for each general partner.

In Re Velis

109 B.R. 64 · United States Bankruptcy Court, D. New Jersey · Oct 24, 1989

In addition, the saving provision for a qualified pension arrangement found in 11 U.S.C. § 522 (d)(10)(E)(iii) seems meaningless if a qualified plan (which with the exception of IRAs and SEPs must include the anti-alienation … bring the debtor’s interest within the exception of 11 U.S.C. § 541 (c)(2) it appears that case law has developed that is clearly entwined with the question of enforceability.

In Re Roots Rents, Inc.

420 B.R. 28 · United States Bankruptcy Court, D. Idaho · Oct 29, 2009

This declaration was consistent with Debt- or’s scheduled $1,690,590.21 in qualifying debt. According to Debtor’s schedules, it was $499,409.79 shy of no longer qualifying as a small business debtor. C. … Its Status Motion referenced the “claims register” but Debtor provided nothing to explain what the filed claims purported to establish as far as aggregate qualifying debt.

In Re Thiem

443 B.R. 832 · United States Bankruptcy Court, D. Arizona · Jan 19, 2011

There is no dispute that the mother’s IRA qualified as an exempt IRA. … While counsel’s argument is not evidence, clearly, the new IRA is in the mother’s name as well as the debtor-beneficiary’s name.

Credithrift of America, Inc. v. Meyers (In Re Meyers)

2 B.R. 603 · United States Bankruptcy Court, E.D. Michigan · Feb 4, 1980

Credit Service Corp., 46 So.2d 628 (La.App.1950)), and by a construction foreman, who used the motor vehicle for errands and to transport workmen and tools, and where the testimony established that he could not have kept … In providing for separate exemptions for tools of trade and a motor vehicle, Congress clearly did not intend that a motor vehicle automatically qualify as a tool of trade. Cf.

Duncan v. Garrett (In Re Tanksley)

174 B.R. 434 · United States Bankruptcy Court, W.D. Virginia · Feb 28, 1994

And it is true that § 586 specifically provides that the Attorney General may not require that an individual be an attorney in order to qualify for appointment to serve as a standing trustee. … The debt- or is required to be examined under oath at the creditors’ meeting, and the Code provides for immunity to be granted when appropriate. 11 U.S.C. §§ 343 and 344.

Dewberry v. United States (In Re Dewberry)

158 B.R. 979 · United States Bankruptcy Court, W.D. Michigan · Sep 21, 1993

At this time there has been no objection to the jurisdiction of this court over the adversary proceeding up until the time of trial, nor has the IRS asserted any claim of sovereign immunity. … On eviden-tiary grounds, the Plaintiff contends that the certificate lacks a sufficient foundation and constitutes hearsay failing to qualify for the exception under Fed.R.Evid. 803(6).

In Re Dipalma

24 B.R. 385 · United States Bankruptcy Court, D. Massachusetts · Nov 2, 1982

A boat clearly is not a household good or furnishing within the meaning and intent of § 522(f)(2)(A). … In the instant case, the Debtors’ use of the mobile home as their residence establishes the household purpose for which this item is held.

F & M Marquette National Bank v. Richards (In Re Richards)

43 B.R. 554 · United States Bankruptcy Court, D. Minnesota · Nov 1, 1984

The second meeting was needed, however, to satisfy the requirement of § 702 which entitles qualified unsecured creditors to elect a trustee in Chapter 7 liquidation cases. … However, if the case be reconverted to Chapter 7, a subsequent meeting of creditors is required to satisfy the rights of qualified unsecured creditors under § 702 to elect a trustee.

Ebner v. Kaiser ex rel. Kaiser Trust (In re Kaiser)

525 B.R. 697 · United States Bankruptcy Court, N.D. Illinois · Dec 31, 2014

The parties agree that the Illinois UFTA qualifies as “applicable law” for purposes of section 544(b)(1). See also Equip. … When Judge Cox addressed this question in 2011, her reasoning clearly allowed for what the trustee seeks herein.

People v. Taite (In Re Taite)

76 B.R. 764 · United States Bankruptcy Court, C.D. California · Jun 11, 1987

Since the required payments did not qualify as a “debt,” they were not affected by the bankruptcy discharge. … Applicability of Section 523(a)(2) Holding that this civil restitution claim falls outside Section 523(a)(7)’s exception does not render it immune from a dischargeability attack.

D'Angelo v. Parker (In Re Parker)

377 B.R. 371 · United States Bankruptcy Court, M.D. Florida · Sep 8, 2006

Petersburg, testified that windows in the enclosed garage did not comply with the Code’s requirements to qualify as a sleeping room. … Clearly, the Debtor did not provide the Plaintiff or her agents with a copy of Satt-ler’s letter or the Permit Application. (Transcript, pp. 204-05).

In Re Brown

186 B.R. 224 · United States Bankruptcy Court, W.D. Kentucky · Jun 26, 1995

The earned income credit is clearly distinguishable from a tax refund. … Finally, Kentucky regulations, in establishing eligibility requirements for AFDC, further define “deprivation due to absence”: Section 7.