Case law

In re Mabrey

51 B.R. 383 · United States Bankruptcy Court, S.D. Ohio · Jul 16, 1985

by or under the auspices of an insider that employed the person at the time his rights under the plan or contract arose; (ii) The payment is on account of age or length of service; (iii) The plan or contract is not qualified … To hold that such an assignment was exempt to the furniture store would clearly make a mockery of the intended benificent purpose of the exemption contained in O.R.C. § 2329.66(A)(10)(b).

In Re Buick

174 B.R. 299 · United States Bankruptcy Court, D. Colorado · Oct 13, 1994

Fernim established a spendthrift trust for Debtor, allegedly to immunize his assets from execution by Avon on its judgment. Mr. Fernim was (and apparently still is) the trustee of that trust. 3. … Avon’s request for discovery is, as qualified by this opinion, proper both as to the entities to be examined and the scope of inquiry. First, Debtor and Mr.

Thaler v. Lee Servicing Corp. (In Re Joe Sipala & Son Nursery Corp.)

214 B.R. 281 · United States Bankruptcy Court, E.D. New York · Oct 30, 1997

Clearly, New York law will not sustain the Trustee’s recovery against the Defendant. … At the hearing, the Court directed the parties to brief two issues: (1) whether the Defendant had "dealt with” the Debtor for purposes of UCC § 3-305(2), and (2) whether the Trustee had established in the papers before the

In Re Hall

202 B.R. 929 · United States Bankruptcy Court, W.D. Tennessee · Nov 26, 1996

MHA’s position in this matter is that § 365(g) and § 502(g) do establish exceptions which entitle it to payment of post-petition defaults as administrative expenses. … The White Motor court adopted this test to determine whether or not the claim that was before them qualified for administrative priority.

In Re Gregory

39 B.R. 405 · United States Bankruptcy Court, M.D. Tennessee · Apr 16, 1984

[T]he debtor has not established that an ‘effective’ reorganization is likely ... ”); Roslyn Savings Bank v. … Comcoach Corp., 19 B.R. 231, 234 (Bkrtcy.S.D.N.Y.1982) (“While the property is clearly necessary to the reorganization, this does not address whether reorganization is possible or likely (i.e. that it be ‘effective’).”);

In Re Bachmann

113 B.R. 769 · United States Bankruptcy Court, S.D. Florida. · Mar 30, 1990

Brumbaugh, 355 So.2d 1186 (Fla.1978), clearly stated which services secretarial businesses in the State of Florida may lawfully provide. … Meyer d/b/a Capital is qualified to perform legal services. Mr.

Conn v. Dewey & LeBoeuf LLP (In re Dewey & LeBoeuf LLP)

507 B.R. 522 · United States Bankruptcy Court, S.D. New York · Apr 10, 2014

Moreover, “[t]he party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists and that the undisputed facts establish [the movant’s] right to judgment as a matter of law.” … Moreover, one court in this district explicitly found that “the statute and regulations clearly provide that an employer cannot invoke either [Exception without giving some written WARN notice.” Barnett v.

In Re Kimmel

131 B.R. 223 · United States Bankruptcy Court, S.D. Florida. · May 13, 1991

The debtor contends that the pension plan, being established since 1978 and funded yearly, is presently qualified under the Internal Revenue Code. … This transfer followed the same pattern of financial planning established by the debtor prior to the date of the accident.

Matter of Nelson

66 B.R. 231 · United States Bankruptcy Court, D. New Jersey · Jun 27, 1986

The assent must, however, be clearly established and will not be inferred from doubtful or equivocal acts or language.’ 541 F.Supp. at 856 (quoting 5 S. Williston, Law of Contracts § 678, at 238 to 240 (3d ed. 1961)). … There was not a “clearly established” assent on the part of Central Mortgage to accept the debtor as the transferee of the property or as a mortgagor.

Jones Truck Lines, Inc. v. Republic Tobacco, Inc.

178 B.R. 999 · United States Bankruptcy Court, N.D. Illinois · Mar 2, 1995

The ICC subsequently established a procedural schedule in the proceeding to determine rate reasonableness. … However, the legislative history clearly reveals the opposite conclusion.

In Re Mewborn

367 B.R. 529 · United States Bankruptcy Court, D. New Jersey · Mar 29, 2006

The court further noted that the primary purpose of such payments is to provide income security to qualifying recipients. Id. … The court also determined that the receipt of unemployment compensation benefits establishes a “societal contract” of sorts between the state and the recipient. Id. at 455 .

In re Avaya Inc.

573 B.R. 93 · United States Bankruptcy Court, S.D. New York · Sep 18, 2017

A given program qualifies as a “plan, fund, or program” under ERISA if it requires an ongoing administrative program to meet the employer’s obligation. See Fort Halifax Packing Co., Inc. v. … Section 1002(1) defines a “welfare plan” as "any plan, fund, or program ... established or maintained by an employer ... to the extent that such plan, fund, or program was established or is maintained for the purpose of providing

In Re Fort

412 B.R. 840 · United States Bankruptcy Court, W.D. Virginia · Jun 30, 2009

Finally, the State argues that, insofar as the complaint seeks damages from the State of Florida, the action is barred by the doctrine of sovereign immunity as established by the Eleventh Amendment to the United States Constitution … First, on the merits of the motions before it, the court clearly ruled correctly.

Collins v. Wealthbridge Mortgage Corp. (In re Collins)

474 B.R. 317 · United States Bankruptcy Court, D. Maine · Jul 12, 2012

The facts are uncontested and, thus, clearly established. . The present situation is distinguishable from that found in Canning or Pratt . … See 15 U.S.C. § 6809 (11) (defining "time of establishing a customer relationship” as "the time of establishing the credit relationship with the consumer” (emphasis added)).

Hansen v. White Farm Equipment Co. (In Re White Farm Equipment Co.)

23 B.R. 85 · United States Bankruptcy Court, N.D. Ohio · Sep 9, 1982

On August 13, 1981 8 a pre-trial conference was held at which the Court and the parties established a procedure for hearing the motion to dismiss. … In light of the unambiguously expressed power to terminate before the Court, the truth is quite clear that no immunity was accorded the Retirees and, hence, the ineluctable conclusion is that the power to terminate embraces

Rocco v. Goldberg (In re Goldberg)

487 B.R. 112 · United States Bankruptcy Court, E.D. New York · Jan 29, 2013

With respect to the Plaintiffs discrimination claim, the ALJ found that Plaintiff satisfied her burden of establishing that *120 she was a member of a protected class, she was qualified for the position she held, she suffered … That is, that collateral estoppel should only be applied when the prior judgment is based upon findings that clearly and unequivocally establish non-dischargeability.

American Insulator Co. v. Marsh Plastics, Inc. (In Re American Insulator Co.)

60 B.R. 752 · United States Bankruptcy Court, E.D. Pennsylvania · May 14, 1986

While this is a nebulous finding, it is nonetheless a finding of fact and, as such, is subject to reversal on appeal only if clearly erroneous. Bankruptcy Rule 8013; Frank v. … Section 547(c)(3) provides that a transfer is “immunized” by § 547(c)(2) from the preference provisions of § 547(b) only if it was “made according to ordinary business terms.”

Galey & Lord Inc. v. Arley Corp. (In Re Arlco, Inc.)

239 B.R. 261 · United States Bankruptcy Court, S.D. New York · Sep 21, 1999

The reclaiming seller has the burden of establishing each element of § 546(c) by a preponderance of the evidence. Victory Markets, 212 B.R. at 741 . … Rather, a decision to stop funding such an enterprise is “clearly reasonable.” Samuels, 526 F.2d at 1244 .

Ducker v. Lohrey (In Re Williams)

33 B.R. 973 · United States Bankruptcy Court, S.D. Ohio · Oct 31, 1983

Plaintiff is the duly qualified and acting trustee in the within case. 2. The Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. § 1471 and 11 U.S.C. § 542 . 3. The debtor, Timothy D. … To require the Defendant to make such a payment under the circumstances of this case is clearly at odds with any notions of equity of which we are aware.

Matter of Houck

9 B.R. 460 · United States Bankruptcy Court, E.D. Michigan · Mar 11, 1981

The report shall be filed with the court no later than 15 days after the trustee qualifies. … If the trustee had followed the procedure established by Bankruptcy Rule 403, then clearly the debtors would not be entitled to amend their claim for exemption at this late date.