Case law

Irby v. Fashion Bug (In Re Irby)

337 B.R. 293 · United States Bankruptcy Court, N.D. Ohio · Sep 29, 2005

This does not mean that the reporting of a discharged debt is immune from the reach of the discharge injunction. Section § 524(a)(2) enjoins any “action” or “act” to recover a debt. … Thus, for example, if the act of reporting a debt was undertaken for the specific purpose of coercing the debtor into paying the debt, a violation of the discharge injunction could be established.

Kish v. Verniero (In Re Kish)

204 B.R. 122 · United States Bankruptcy Court, D. New Jersey · Feb 10, 1997

Paulsen, 886 F.2d 602, 606 (3d Cir.1989) (“That a motor vehicle surcharge constitutes a debt ... has been clearly established.”); Christensen v. … See In re Lugo, 94 B.R. 335, 342 (D.N.J.1989) (declining to restrict discharge exception where neither statutory language nor legislative history clearly expressed such intent).

In Re Wamsganz

54 B.R. 759 · United States Bankruptcy Court, E.D. Missouri · Nov 1, 1985

To qualify for relief under Chapter 11, a person must be a business enterprise or operate a business. … Therefore, the record here clearly shows that the individual Debtors do not operate a business and are not a business enterprise.

Reitmeyer v. Gralka (In Re Gralka)

204 B.R. 184 · United States Bankruptcy Court, W.D. Pennsylvania · Jan 6, 1997

However, such a goal is not appropriate when attempting to establish reasonable necessity in a bankruptcy case. … Because the parties in this case have not questioned whether the IRAs in question are qualified under 26 U.S.C. § 408 (ie., qualified for federal income tax purposes), this Court will presume that they are so qualified and

In Re Fresh Approach, Inc.

48 B.R. 926 · United States Bankruptcy Court, N.D. Texas · Apr 30, 1985

It is true, as Debtor asserts, that “[u]nder the bill the Secretary is required to establish, through rulemaking, the time by which the parties to a transaction must agree payment on a transaction must be made, to qualify … Most importantly, the Committee clearly indicated that courts could look to precedents established under the Packers and Stockyards Act, 7 U.S.C. § 196 , for guidance. H.R.Rep.

In Re Arctic Air, Inc.

202 B.R. 533 · United States Bankruptcy Court, D. Rhode Island · Oct 16, 1996

The Court concluded that “since the financing statement filed contains no such grant it does not qualify as a security agreement.” Id. at 63 , 196 A.2d 150 . … Thus, in accordance with the holding in American Card, these financing statements cannot qualify as evidence of a security agreement for purposes of creating a validly perfected security interest.

In re Rose

563 B.R. 606 · United States Bankruptcy Court, E.D. North Carolina · Dec 22, 2016

Jones’ 401(k) account was not property of his bankruptcy estate but did not agree that the account was immune from the impact of the automatic stay. Id. at 223. … Alimony qualifies as a "domestic support obligation” as defined in the Code, and the automatic stay does not apply to civil proceedings “for the establishment or modification of an order for domestic support obligations;

Official Committee of Unsecured Creditors of the Estate of CCG 1355, Inc. v. CRST, Inc. (In Re CCG 1355, Inc.)

276 B.R. 377 · United States Bankruptcy Court, D. New Jersey · Apr 16, 2002

His testimony also clearly established that the $6050 difference between the credit given by the defendant in its Ex. … Analysis of § 547(c)(2)(C) is not necessary, given CRST’s failure to establish its (B) course of dealing requirement.

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

183 B.R. 654 · United States Bankruptcy Court, S.D. Georgia · Jun 29, 1995

. § 40-3-38 authorizes the $18.00 title fee imposed by defendant, thus my earlier findings that the authorized title fee is only $5.00 and that the fee charged by Easy Money contains a $13.00 fee which qualifies- as “interest … This Bill amended, in part, the fee schedule established by O.C.G.A. § 40-3-38. Although the defendant does not cite the statute for authority but cites only the bill, I will refer to the amended statute. 3 .

In re Quid Me Broadcasting, Inc.

181 B.R. 715 · United States Bankruptcy Court, W.D. New York · Apr 5, 1995

Clearly, this is not what Congress intended under 11 U.S.C. Section 726 (b) when it provided for pro rata distribution to all creditors holding claims of similar class. ... … Iowa Dep’t Revenue (In re Hubs Repair Shop, Inc.), 28 B.R. 858 (Bankr.N.D.Iowa 1983), merely established that 28 U.S.C. § 960 did not render a non-operating trustee immune from the assessment of retail sales taxes on bankruptcy

Roberson v. Internal Revenue Service (In re Roberson)

165 B.R. 620 · United States Bankruptcy Court, M.D. Tennessee · Mar 11, 1994

Since Roberson Sr.’s rebate of premiums to insureds were not the acts of a seller adjusting price, such rebates do not qualify as an exclusion from gross income. See id. … Lloyd’s testimony clearly demonstrated that this is not the ease.

Tidewater Memorial Hospital, Inc. v. Bowen (In Re Tidewater Memorial Hospital, Inc.)

106 B.R. 876 · United States Bankruptcy Court, E.D. Virginia · Sep 5, 1989

There is an urgency here which goes beyond the domain of Medicare law, and the doctrine of exhaustion of administrative remedies should not be allowed to frustrate the clearly stated goals of the Bankruptcy Code. … Also, for reasons stated below, the Court rejects the Government’s assertion of the defense of sovereign immunity.

In re Johnson

480 B.R. 305 · United States Bankruptcy Court, N.D. Illinois · Oct 11, 2012

Rule 59(e) motions serve a narrow purpose and must clearly establish a manifest error of law or fact, newly discovered evidence, Obriecht v. Raemisch, 517 F.3d 489, 494 (7th Cir.2008); Sigsworth v. … Thus, in this case, the Trustee has the burden of establishing that the Debtor cannot properly claim an exemption in the Adoption Tax Credit.

Rajala v. Guaranty Bank & Trust (In Re United Fruit & Vegetable, Inc.)

191 B.R. 445 · United States Bankruptcy Court, D. Kansas · Jan 12, 1996

Clearly, a determination of whether assets are property of a bankruptcy estate concerns administration of the estate. 132 B.R. at 638 . The BAP’s statement misses the point. … Ill Notably, none of these opinions analyze core jurisdiction under the standards established by the authorities that have studied the problem.

Elsinore Shore Associates v. New Jersey Division of Alcoholic Beverage Control (In Re Elsinore Shore Associates)

66 B.R. 708 · United States Bankruptcy Court, D. New Jersey · Apr 2, 1986

Ultimately, the Penn Terra court established that Pennsylvania’s enforcement of its environmental laws was clearly an exercise of the state’s police and regulatory power as provided in 11 U.S.C. § 362 (b)(4), and that consequently … The effect of an exception is not to make the action immune from injunction. The court has ample other powers to stay actions not covered by the automatic stay.

In re MF Global Inc.

512 B.R. 757 · United States Bankruptcy Court, S.D. New York · Jul 17, 2014

This requires two findings: “First, class counsel must be qualified, experienced and generally able to conduct the litigation. Second, the class members must not have interests that are antagonistic to one another.” … (See Order Granting Trustee’s Expedited Application Establishing Parallel Customer Claims Processes and Related Relief (the "Claims Process Order,” ECF Doc. # 423)). .

In Re Westchester Cty. Civ. Serv. Emp. Ben. Fund

111 B.R. 451 · United States Bankruptcy Court, S.D. New York · Mar 19, 1990

The debtor is an employee benefit trust fund established on February 9, 1981, by a written charter entitled "Agreement and Declaration of Trust". … It is a separate trust fund established by a labor union and is governed by trustees under an "Agreement and Declaration of Trust".

Prindle v. Countryside Manor, Inc. (In Re Countyside Manor, Inc.)

188 B.R. 489 · United States Bankruptcy Court, D. Connecticut · Nov 2, 1995

The principles embraced in Sonnax and Bohack clearly support the granting of the Defendants’ motion. … The Defendants cannot be forced to file a claim in the bankruptcy court, and the counterclaim, as described, clearly qualifies as an offset of a mutual debt.

ITT Financial Services v. Woods (In Re Woods)

69 B.R. 999 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 19, 1987

The language “shall award fees” in both the EAJA and 11 U.S.C. § 523 (d) provides for the mandatory award of counsel fees to a qualified prevailing *1002 party under the EAJA, Tressler, 748 F.2d at 149 , and under § 528(d … Here, that Section clearly is relevant. 5 . The Archangeli case is clearly a pre-BAFJA case and is inapposite to our analysis herein. 6 .

Geekie v. Owen (In Re Owen)

74 B.R. 697 · United States Bankruptcy Court, C.D. Illinois · Jun 18, 1987

The statute clearly establishes that homestead is an estate, and that the individual entitled to the estate must either own the property to which the estate attaches, or rightly possess the property by lease or otherwise. … For the foregoing reasons, the Court concludes that the number of exemptions available is to be determined by the number of individuals in title who qualify for the homestead estate.