Case law

In re Sunland, Inc.

507 B.R. 753 · United States Bankruptcy Court, D. New Mexico · Mar 27, 2014

Coll was appointed and is duly qualified and acting Chapter 7 trustee in this case (“Trustee”). … The Sale Order and Bidding Procedures clearly contemplate a sale to the successful bidder at the March 20, 2014 auction.

In Re Bogue

240 B.R. 742 · United States Bankruptcy Court, E.D. Wisconsin · Aug 2, 1999

The only types of annuities which qualify for this tax benefit are individual retirement annuities (under IRC § 408(b)) and employee annuities (under IRC §§ 403(a) and (b)). These are known as “qualified” annuities. … Clearly, the two annuities were obtained only a matter of days before the filing of bankruptcy. *751 3. Source of Funds Used to Acquire Exempt Property.

In Re Wenande

107 B.R. 770 · United States Bankruptcy Court, D. Wyoming · Oct 20, 1989

Similarly, such a reference does not serve the purpose of establishing “who owns what” on the date of discharge. Payne v. Wood, 775 F.2d at 206. … What section 522(b)(2)(B) establishes is just what amount of the entireties property is exempt. The rest of the property is not exempt.

In Re Martin

224 B.R. 749 · United States Bankruptcy Court, E.D. Missouri · Jul 23, 1998

Trustee’s counsel argued, in his letter brief, that section 377.330 “does not affect the Trustee’s right to the loan value of the life insurance policies to the extent the loan *752 value exceeds the $5,000.00 limit established … Both options, Coyle concluded, result in the policyholder increasing the amount of insurance he has, but they differ in that buying “paid-up additions” does not require the policyholder to re-qualify for the policy. 3.

In re Smith

515 B.R. 755 · United States Bankruptcy Court, D. Arizona · Aug 26, 2014

The homestead exemption gave the Jacobsons clearly defined rights with respect to the Kensington property. The Jacobsons had a right to $150,000 in proceeds. … The Court finds that the balance of the Proceeds were used for purposes that do not qualify as expenditures made to establish a new homestead.

Nob Holdings Corp. v. Liberty Mutual Insurance (In Re PSN USA, Inc.)

426 B.R. 916 · United States Bankruptcy Court, S.D. Florida. · Mar 19, 2010

According to Fair, the contract between NOB and the Debtor did not clearly distinguish between the Debtor or PSNI but it referred to an entity domiciled in New York. … Ahringer, 322 So.2d 634 (Fla.3d DCA 1975) As a general rule, bankruptcy trustees are entitled to qualified judicial immunity for acts taken within their authority as an officer of the court.

In Re National Gypsum Co.

257 B.R. 184 · United States Bankruptcy Court, N.D. Texas · Oct 30, 2000

If the trustees cannot establish additional criteria or obtain the bodily injury TAC approval, the court will establish the criteria. … Clearly, the characteristics will be those that are currently used and have historically been used to determine the value of a claim in the tort system.

In Re Thompson

2 B.R. 380 · United States Bankruptcy Court, E.D. Virginia · Feb 14, 1980

And one living apart need not even establish a residence, only maintain separate living quarters. This tortures sound public policy in two respects. … Too, it encourages a brief separation in order to qualify for the exemptions. Brief: one day? One week?

In Re Plastech Engineered Products, Inc.

399 B.R. 1 · United States Bankruptcy Court, E.D. Michigan · Dec 4, 2008

Clearly then, when the Wachovia Swap Agreement was made on March 19, 2007, Wachovia was not a “Lender.” … Wachovia contends that these provisions are at best ambiguous and do not clearly set forth clearly a temporal requirement so that the Court should consider the intentions of the parties in further proceedings.

In Re First Energy Leasing Corp.

38 B.R. 577 · United States Bankruptcy Court, E.D. New York · Mar 29, 1984

Among the categories of claims established under § 101(4) is that of “unmatured” claims. An unmatured claim is one in which the right to payment has not yet accrued. … Clearly, there are less drastic mechanisms through which their disputed claims can be processed.

Iowa State Department of Social Services v. Morris (In Re Morris)

10 B.R. 448 · United States Bankruptcy Court, N.D. Iowa · Apr 15, 1981

This Court finds that the case at bar is clearly distinguishable from Usery , and that Usery therefore is not dispositive of the issue raised by Plaintiff herein. … [The Congress shall have Power] [4] To establish ... uniform Laws on the subject of Bankruptcies throughout the United States; U.S.Const. art. I, § 8, cl. 4. 2 . Amendment X.

Lindquist v. Mack (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.

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).

Barnard v. Town of Huntington (In re Joe's Friendly Service & Son, Inc.)

553 B.R. 207 · United States Bankruptcy Court, E.D. New York · Jun 1, 2016

The Trustee clearly states in the Complaint that the placement of the Placard was the reason Raj breached the Memorandum of Sale. … It was only to establish that Raj was not entitled to obtain his deposit back under the Terms and Conditions and the Memorandum of Sale.

In Re Stanley Hotel, Inc.

13 B.R. 926 · United States Bankruptcy Court, D. Colorado · Sep 8, 1981

The words of the statute reflect this intent to establish a variable standard as to what is adequate. … Normali contends, clearly that security is “issued under” this plan, for without the plan, no “security” would be offered at all!

In Re Worldcom, Inc.

352 B.R. 369 · United States Bankruptcy Court, S.D. New York · Sep 13, 2006

The Debtors also assert that TSI has not established that they should be sanctioned. … Also, TSI has not shown that the Debtors asserted a claim clearly devoid of any chance of success. Therefore, sanctions are not warranted under Federal Rule of Bankruptcy Procedure 9011.

In Re Williams

427 B.R. 541 · United States Bankruptcy Court, M.D. Florida · Mar 31, 2010

Clearly, the Court’s decision in Aetna was based in part on the possessory rights associated with the debtor’s remainder interest. … Second, under the circumstances of this case, where the Debtor occupies the family Home, and where the evidence establishes the permanence of his occupancy, the Court finds that the Home is the “residence” of the Debtor within

In re Serino

190 B.R. 778 · United States Bankruptcy Court, M.D. Pennsylvania · Oct 16, 1995

The burden of establishing an exception to discharge is on the creditor. In re Cohn, 54 F.3d 1108 (3rd Cir.1995). … An employee would be somewhat immune from these concerns. Among the factors that we consider are economic related are the following: 1.

In Re Walls

249 B.R. 506 · United States Bankruptcy Court, D. Minnesota · Jun 8, 2000

The Debtors argue that Term 3 of the May 28, 1999 order clearly contemplated their right to make the amendment and that that lays the Trustee’s objection to rest. Simply stated, the Debtors are wrong. … auspices of an insider that employed the debtor at the time the debt- or’s rights under such plan or contract arose; (ii) such payment is on account of age or length of service; and (iii) such plan or contract does not qualify

Mortgage Electronic Registration Systems, Inc. v. Freeman (In Re Freeman)

446 B.R. 625 · United States Bankruptcy Court, S.D. Georgia · Feb 10, 2010

Neither her estate nor any of her heirs qualifies for a “reverse mortgage.” 1 Based on age, the earliest that any of her heirs at law might qualify would be December 2011. … Because MERS holds the right to foreclose in the event of default, MERS clearly qualifies as a real party in interest. *633 Therefore, based on the text of the Code, the state of the law in the Eleventh Circuit, persuasive