Case law

Beeland Properties, LLC v. TDP Group, LLC

United States Bankruptcy Court, M.D. Louisiana · Jul 17, 2025

§ 106(a) and § 544(b), and defy our established rule that sovereign-immunity waivers must be construed narrowly. … This court clearly does not have in rem jurisdiction over TDP’s potential property, no matter how tempting it might be to preserve the value of the estate’s reimbursement claim by placing a hold on the money.

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.

Universal Bank, N.A. v. Machnic (In re Machnic)

271 B.R. 789 · United States Bankruptcy Court, S.D. West Virginia · Jan 10, 2002

Debtor has not established that Counsel for Universal had actual authority to seek costs and attorney’s fees. Nonetheless, the evidence before the court establishes Counsel’s apparent authority to do so. … SPECIFIC VIOLATIONS OF THE ACT Having concluded that Universal qualifies as a debt collector under the Act, the Court will next consider the alleged violations.

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)). .

Midi Music Center, Inc. v. Smith (In Re Smith)

140 B.R. 904 · United States Bankruptcy Court, D. New Mexico · Jun 5, 1992

5 Another problem with the various sections of the Code is clearly evident from the facts as they occurred here. … The wife’s separate property which was not subject to the after-acquired community property injunction was also immune because the creditors did not establish that under Texas law, the debts were joint debts for which her

In Re Central Idaho Forest Products

317 B.R. 150 · United States Bankruptcy Court, D. Idaho · Nov 16, 2004

The Buswells clearly believed Drake had some independent liability to them, as reflected by their lawsuit. … Thus, the operative provision for allowance is § 503(b)(4), but the Buswells must nevertheless first establish that they would qualify under § 503(b)(3)(B). 9 .

Matter of Gamble

208 B.R. 598 · United States Bankruptcy Court, S.D. Georgia · Mar 3, 1997

However, as I read Taylor , it does not establish the timing of delivery of possession of exempt property, but rather governs the timing of objections to claims of exemption. … Clearly, Section 522 contemplates that exempt property is placed beyond the reach of creditors "unless the case is dismissed.”

In re Hassen Imports Partnership

502 B.R. 851 · United States Bankruptcy Court, C.D. California · Nov 25, 2013

servitude qualifies as a “legal or equitable proceeding” under § 363(f)(5). … Miller & Starr's treatise on California property, for example, states that "the principle established under the law of covenants, that the covenant must ‘touch and concern the land,' has not been directly required in the

In re Ft. Howard Dev., LLC

593 B.R. 427 · United States Bankruptcy Court, D. Maryland · Oct 31, 2018

a case-by-case basis when seeking to establish "manifest injustice". … The facts of this case are clearly distinguishable from Mintec .

Johnson v. Markunes (In Re Markunes)

78 B.R. 875 · United States Bankruptcy Court, S.D. Ohio · Oct 9, 1987

Quite clearly this bankruptcy case is the result of an intense two-party dispute which began in 1985 and continues to today. … However, the evidence at the hearing did not establish that avoidance of a jail sentence was the sole reason for filing.

Matter of Morgan Strawberry Farm

98 B.R. 584 · United States Bankruptcy Court, M.D. Florida · Mar 28, 1989

The Motion alleged, inter alia, the Debtors do not qualify as farmers under either the provisions of 11 U.S.C. § 101 (18) in that the Debtors’ income was not derived from farming operations, or under 11 U.S.C. § 101 (17) … The burden of proof in establishing eligibility for bankruptcy relief is on the party filing the petition. In re Rott, 73 B.R. 366, 371 (Bankr.D.N.D.1987).

In re Lovato

203 B.R. 747 · United States Bankruptcy Court, D. Wyoming · Dec 13, 1996

Clearly, the IRS has violated the discharge injunction by attempting to force Mr. Lovato to substitute the refunds for the unreachable TSP collateral. … Lovato is entitled to compensatory and coercive damages in the amount of the reasonable attorney fees and costs established at the hearing.

In Re the Greater Atlanta Apartment Hunter's Guide, Inc.

40 B.R. 29 · United States Bankruptcy Court, N.D. Georgia · Mar 28, 1984

There is no clearly prescribed course of conduct for parties in the predicament which Greater Atlanta, Rasmussin, Nodvin, Siriani, and the receiver found themselves in after February 1, 1983. … Such allegations as Nodvin made, however, must be “established” before the superior court has the “power to liquidate the assets and business of a corporation.”

In Re SFW, Inc.

83 B.R. 27 · United States Bankruptcy Court, S.D. California · Feb 8, 1988

Most family farmers have too much debt to qualify as debtors under Chapter 13 and are thus limited to relief under Chapter 11. … Clearly, Congress did not intend to raise the costs of borrowing funds for farmers when it enacted Chapter 12.

In Re Shelton

370 B.R. 861 · United States Bankruptcy Court, N.D. Georgia · Jun 11, 2007

Second, § 1325(b)(4)’s reference to the definition of “applicable commitment period” clearly refers back to § 1325(b)(1)(B) rather than to § 1325(b)(4) only. … The totality-of-the-eircumstances test established by Kitchens provides ample support for the conclusion that good faith remains a requirement for a plan to be confirmed.

In Re Sheffield

212 B.R. 1019 · United States Bankruptcy Court, M.D. Florida · Sep 29, 1997

Apart from considering the factors outlined above, Debtor argues that the insurance provision’s placement between two other alimony-related provisions establishes it as alimony. … However, the insurance provision’s reciprocal arrangement clearly indicates that the life insurance proceeds are not alimony.

Consumers Credit Union v. Widett (In Re Health Gourmet, Inc.)

29 B.R. 673 · United States Bankruptcy Court, D. Massachusetts · May 5, 1983

For the plaintiff to prevail on its motion for summary judgment and establish its secured position as a matter of law, it must establish beyond any factual controversy that the transaction was not a fraudulent transfer. … Transfers made to benefit third parties are clearly not made for value. L. King, Collier on Bankruptcy, Section 548.09 at 548-103 (15th Ed. Supp.1982). In Bullard v.

In Re Regan

269 B.R. 693 · United States Bankruptcy Court, W.D. Missouri · Nov 19, 2001

The issue is whether that money is necessary for the family’s support, and clearly it is not. … substantial payment to the unsecured creditors. 4 Although the courts seem to have emphasized the percentage of debt that could be repaid in making their substantial abuse analyses, neither Congress nor the courts have established

In re McCarthy

577 B.R. 436 · United States Bankruptcy Court, D. Massachusetts · Oct 3, 2017

The MDOR further argued that, under extant case-law, neither emotional nor punitive damages could be assessed' against it as a governmental unit, as its sovereign immunity was not waived with regard to those particular types … Section 2412(d)(2)(A), in turn, limits the hourly rate for attorney fees to “$125 per hour unless the court deter *441 mines that an increase in the cost of living or a special factor, such as the limited availability of qualified

In re Culpepper

481 B.R. 650 · United States Bankruptcy Court, D. Oregon · Nov 5, 2012

Culpepper that she did not qualify for a loan modification. See Exhibit 9, p. 1. During each Transcribed Call, Ms. … Culpepper was informed that she did not qualify for a Loan modification.