Case law

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 the Merit Group, Inc.

464 B.R. 240 · United States Bankruptcy Court, D. South Carolina · Jul 12, 2011

Only bids for the Assets that constitute “Qualified Bids” will be considered by the Debtors. … The intent of Section 363(k) is clearly to permit only those persons with a valid security interest in property to be sold to claim a setoff.

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.”

Krafsur v. Scurlock Permian Corp. (In Re El Paso Refinery, L.P.)

178 B.R. 426 · United States Bankruptcy Court, W.D. Texas · Feb 2, 1995

The transfers, then, are clearly “otherwise unavoidable,” within the meaning of the statute. (b) To or For the Benefit of SPC? … Clearly, both letters of credit were issued for but one purpose — to induce SPC to keep selling crude oil to EPR.

Brandt v. Weyant (In Re Brandt)

437 B.R. 294 · United States Bankruptcy Court, M.D. Tennessee · Sep 20, 2010

have never ignored the force of the descriptive or qualifying language.’ … United States, 223 Ct.Cl. 342 , 620 F.2d 242, 244 (Ct.Cl.1980) (en banc) (application of 50 U.S.C. app. § 525 (now 526(a)) does not mean that service members are immune from the doctrine of laches); Ingham v.

In Re Cooper

146 B.R. 843 · United States Bankruptcy Court, D. Colorado · Oct 22, 1992

Clearly, according to the Tenth Circuit, the Bankruptcy Code does not prohibit the relief requested by the instant Motion and Debtors’ legal argument to the contrary must fail. … The Tenth Circuit has established that a finding of “cause” under Section 349(a) must be premised on bad faith conduct, beyond mere tardiness, that is prejudicial to creditors. See, Frieouf, supra at 1104-1105 ; Hall v.

InterFirst Bank Greenville, N.A. v. Morris (In Re Morris)

58 B.R. 422 · United States Bankruptcy Court, N.D. Texas · Mar 5, 1986

It was undisputed that Debtors failed to list the ERISA-qualified pension and Plans A, B, and C upon the advice of their counsel. … It is “well established that a debtor should be granted a discharge unless there is an intentional effort made to defraud”. In re Cohen, 47 B.R. 871 (Bankr.S.D.Fla.1985).

Thorp v. Thirtyacre (In Re Thirtyacre)

154 B.R. 497 · United States Bankruptcy Court, C.D. Illinois · May 19, 1993

However, the court’s reasoning in Pieters clearly is contrary to the Defendant’s contention. … While the Rule requires that a custodian or qualified witness testify that the requirements of the business records exception have been met, there is no requirement that the “qualified witness” must have personally participated

Eisenberg v. O. Censor & Co. (In Re Baumgold Bros.)

103 B.R. 436 · United States Bankruptcy Court, S.D. New York · Jul 6, 1989

Any new value that the creditor advances must be unsecured in order for it to qualify under this exception. H.R. No. 595, 95th Cong., 1st Sess. 374 (1977); S.Rep. … Nevertheless, Congress clearly intended § 547(c)(4) to supply the formula, and that formula clearly refers only to new value given after a transfer from the debt- or. Thus, the net result rule does not apply.

Winn v. Holdaway (In Re Holdaway)

388 B.R. 767 · United States Bankruptcy Court, S.D. Texas · May 12, 2008

phrase ‘while acting in a fiduciary capacity’ clearly qualifies the words ‘fraud or defalcation’ and not ‘embezzlement’ or ‘larceny’ ”). … E.g. 4 Resnick & Sommer Collier on Bankruptcy ¶ 523. 10[l][d] (15th ed.2005) (“The phrase ‘while acting in a fiduciary capacity 5 clearly qualifies the words ‘fraud or defalcation’ and not ‘embezzlement’ or ‘larceny’ ”).

In Re Adell

310 B.R. 460 · United States Bankruptcy Court, M.D. Florida · May 28, 2004

On May 6, 2003, he engaged the services of a real estate broker, and immediately took steps to establish his residency in Florida. … homesteads are available in Florida are trumped by Section 303(i) of the Code; and (2) the Debtor did not qualify for homestead because he was not a bona fide resident of Florida.

Marker v. Marker (In Re Marker)

139 B.R. 615 · United States Bankruptcy Court, W.D. Pennsylvania · Apr 17, 1992

Clearly debtor’s schedules could have been more artfully drawn. However, these deficiencies equally clearly do not merit a denial of a discharge. B.) … A debt may qualify as alimony, maintenance, or support, for purposes of § 523(a)(5), even if it does not legally qualify as such under state law. See In re Yeates, 807 F.2d 874, 878 (10th Cir.1986).

Hagan v. Heckler (In Re Hagan)

44 B.R. 59 · United States Bankruptcy Court, D. Rhode Island · Oct 24, 1984

Schweiker, 546 F.Supp. 383, 386 (D.N.H.1982) (no special circumstances where equities clearly favor the plaintiff). … exclusive remedy, we conclude that the application of EAJA section 2412(d) to the present dispute requires compensation for that portion of legal expenses incurred in opposing the government’s position asserting statutory immunity

Scroggins v. Southern Wipers, Inc. (In Re Brown Transport Truckload, Inc.)

176 B.R. 82 · United States Bankruptcy Court, N.D. Georgia · Dec 9, 1994

In arguing that it does, the Trustee relies upon section 2(a) of the NRA, which establishes procedures for resolving undercharge claims. … Clearly, such insolvency and financial condition falls within the meaning of section 541(c)(1). Nevertheless, the NRA would not apply since the carrier is still operating, albeit in bankruptcy.

Pennsylvania Department of Public Welfare v. Griggs (In Re Griggs)

12 B.R. 443 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 7, 1981

Clearly, the D.P.W.’s lien is on the property of the debtors. … Specifically, the debtors must establish the existence of a cooperative federal-state funded program.

In Re Wooldridge

393 B.R. 721 · United States Bankruptcy Court, D. Idaho · Sep 8, 2008

In order to qualify for a payment, an individual must have qualifying income of at least $3,000. 26 U.S.C.A. § 6428 (b)(2)(A). … First, the Act here clearly references tax year 2008, and, as has been discussed previously, is not specifically tied to 2007 tax liability.

In Re Nolan

140 B.R. 797 · United States Bankruptcy Court, D. Colorado · May 14, 1992

In Krohn , the court found substantial abuse, notwithstanding that the debtor did not qualify for chapter 13 relief. • It stated: inability to qualify under Chapter 13 should not be dispositive of whether there may be a Section … Thus, the first consideration is the debtor’s ability to repay creditors, not whether he qualifies for Chapter 13 relief.

In re Morris

340 B.R. 78 · United States Bankruptcy Court, W.D. Arkansas · Mar 13, 2006

The Arkansas Supreme Court has established three factors that are important in determining whether a claimant qualifies as head of household: “(1) the existence of an obligation upon the claimant to support others residing … And, the Debtor clearly is an Arkansas resident for purposes of this opinion.

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 Grogan

158 B.R. 197 · United States Bankruptcy Court, E.D. California · Jul 23, 1993

Under this line of authority, the IRS’ claim for the 1987 taxes is clearly entitled to priority status. … Congress clearly did not intend to allow the bankruptcy courts to be used as a vehicle for tax avoidance.