Case law

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

Nedelka v. Internal Revenue Serv. (In re Nedelka)

595 B.R. 449 · United States Bankruptcy Court, D. Delaware · Dec 20, 2018

("Forms filed after their due dates and after an IRS assessment rarely, if ever, qualify as an honest or reasonable attempt to satisfy the tax law.") … Those debts were clearly not dischargeable by § 1328(a), and were not discharged by the Discharge Order.

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

In Re Rudicil

343 B.R. 181 · United States Bankruptcy Court, S.D. Ohio · Jun 7, 2006

It is well established that statutory analysis begins with the language of the statute itself and where that language *183 is plain, the function of the court is simply to enforce the clearly expressed terms. … Section 522(f)(2)(A) clearly states that only two things can be aggregated: liens and claimed exemptions.

In Re Krisle

54 B.R. 330 · United States Bankruptcy Court, D. South Dakota · Oct 11, 1985

, immunity is not in issue. 6 Mr. … Krisle’s “say-so” does not of itself establish the hazard of incrimination. Hoffman v. United States, 341 U.S. 479, 486 , 71 S.Ct. 814, 818 , 95 L.Ed. 1118 (1951).

Bank of Kaukauna v. VanDynHoven (In re VanDynHoven)

460 B.R. 214 · United States Bankruptcy Court, E.D. Wisconsin · Nov 3, 2011

M.D.Fla.2006) (chapter 7 debtor qualified as “responsible person” and willfully failed to see that trust fund taxes were paid; resulting obligation of debtor was nondis-chargeable); cf. Noronha v. … in White with respect to the corporate employment taxes at issue, nor, the court noted, was such individual liability possible, because the corporate employment taxes had been paid in full: The fact that [the debtor’s] ‘immunity

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

In Re Darby

212 B.R. 382 · United States Bankruptcy Court, M.D. Alabama · Apr 8, 1997

The language of both the statute and the contracts supports this conclusion. 8 “To qualify for the exemption, the parties ... must have intended to create an annuity contract.” Guardian Life Ins. Co. v. … Ala.Code §§ 16-33C-1 et seq. (1975), which established the Alabama prepaid tuition trust fund, does not contain a property exemption provision.

In Re McBride

354 B.R. 95 · United States Bankruptcy Court, D. South Carolina · Sep 1, 2006

While the timing of the request is not clearly established by § 109, “the better view is that the request must be made at least five days before the petition date, absent extraordinary circumstances satisfactory to [the] … McBride does not qualify for an extension of time to obtain credit counseling under § 109(h)(3).

Miller-Claborn Distribution, Co. v. Richard (In Re Richard)

165 B.R. 642 · United States Bankruptcy Court, W.D. Arkansas · Mar 28, 1994

Even had the plaintiff established that it was unable to timely unearth the facts asserted.in support of its position, those facts do not compel the conclusion that fraud, required by the statute, existed. … Although the debtor’s schedules clearly contain material omissions, the Court cannot find the requisite fraudulent intent qualifying them as false oaths which would result in a denial of discharge. 2 Accordingly, to the extent

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.

In Re Marshalek

158 B.R. 704 · United States Bankruptcy Court, N.D. Ohio · Sep 13, 1993

Although an individual may qualify as a debtor, such person clearly is not a consumer debtor under § 101(8) unless the bulk of his or her debt is incurred in the course of domestic consumption. … In Krohn , the threshold issue of the existence of consumer debts was clearly established in that case. 5 Consequently, the principal disposi-tive issue in Krohn was whether the relief sought amounted to a substantial abuse

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 Barner

239 B.R. 139 · United States Bankruptcy Court, W.D. Kentucky · Jun 18, 1999

Any actual physical injury *144 to the person of the debtor qualifies under the language of this statute. … To sustain her Objection, the Trustee bears the burden of establishing by a preponderance of the evidence her characterization of Mrs.

Sikirica v. Wettach (In re Wettach)

489 B.R. 496 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 26, 2013

The fact of the Debtor’s deposit of his C & G compensation into an entireties’ account is clearly established by the record. See, e.g., Answer to Amended Complaint at ¶¶ 12, et seq. … Clearly, in this day and locality it would be agreed by virtually everyone that some reasonable level of motor vehicle expense would qualify as a necessity for the typical family. *516 See, e.g., Cohen (B.Ct.), 2012 WL 5360956

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.

Adelson v. Smith (In Re Smith)

397 B.R. 124 · United States Bankruptcy Court, D. Nevada · Oct 14, 2008

Qualified Privilege When, as here, there is a claim of privilege asserted to bar the production of relevant evidence, Rule 501 of the Federal Rules of Evidence 10 “provides that where state law provides the rule of decision … Given this strong interest, the court, at the September 30 hearing, established a process to balance the competing interests of the parties.

ABF Capital Management v. Kidder Peabody & Co. (In Re Granite Partners, L.P.)

210 B.R. 508 · United States Bankruptcy Court, S.D. New York · Jul 16, 1997

Further, committee members enjoy qualified immunity for the actions they take within the scope of the authority conferred upon them by statute or the court, Philip v. L.F. Rothschild Holdings, Inc. (In re L.F. … Rothschild Holdings, Inc.), 163 B.R. 45, 49 (S.D.N.Y.1994); see 7 Colliers ¶ 1103.05[4], at 1103-32, and to overcome this qualified immunity, the party challenging the member’s actions must plead and prove wilful misconduct

Rodriguez v. Valencia (In Re Valencia)

280 B.R. 520 · United States Bankruptcy Court, D. Colorado · May 8, 2002

Debtor’s Motion to Dismiss seeks to establish that because the parties entered into a settlement agreement pre-petition, liquidating Debtor’s liability to Plaintiff and agreeing to entry of judgment thereon in state court … We cannot agree with a rule under which, through the alchemy of a settlement agreement, a fraudulent debtor may transform himself into a nonfraudulent one, and thereby immunize himself from the strictures of § 523(a)(2)(A

Neary v. McKittrick (In Re McKittrick)

349 B.R. 569 · United States Bankruptcy Court, W.D. Wisconsin · Aug 24, 2006

, and establishes the right of the U.S. … When Congress modified the provisions found in 11 U.S.C. § 109 to require a debtor to obtain credit counseling in order to qualify as a “debtor” under the code, it altered a prospective debtor’s ability to file bankruptcy