Case law

In Re Marshburn

5 B.R. 711 · United States Bankruptcy Court, D. Colorado · Aug 28, 1980

Clearly, termination payments in the Debt- or’s hands or due him at the time of the commencement of this case on April 30, 1980, are property of the estate. … multiple of the federal minimum hourly wage equivalent in effect to that set forth in paragraph (a) of this subsection (2) as prescribed by the secretary of labor of the United States shall be used. (4)The restrictions established

In Re Saunders

440 B.R. 336 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 7, 2006

Saunders qualifies individually as a Chapter 13 debtor because the amount of either Mr. Saunders’ Base Debt or Mrs. … That is clearly incorrect pursuant to Rule 4003(b), which does not provide exceptions from its grant of additional time.

In re Pacific Gas & Electric Co.

275 B.R. 1 · United States Bankruptcy Court, N.D. California · Mar 18, 2002

C.Once the foregoing factors are established, the court must answer the inquiry in Rule 54(b) whether there is any just reason for delay. Curtiss-Wright, 446 U.S. at 8 , 100 S.Ct. 1460 . … This is a Chapter 11 case of enormous significance to thousands of creditors owed billions of dollars. 4 It is clearly one of the largest bankruptcies in United States history, and definitely the largest involving a public

In re Allison

578 B.R. 782 · United States Bankruptcy Court, W.D. Michigan · Jan 12, 2018

Second, the services provided by the Applicant were clearly necessary in order for the Debtor to complete his case. … They do not simply attend the minimal level of continuing legal education for the purpose of qualifying for a higher presumptive hourly rate or no-look fee under the Pee Memorandum.

Matter of Gray Truck Line Co.

34 B.R. 174 · United States Bankruptcy Court, M.D. Florida · Oct 14, 1983

Moreover, it is well established that in the case of a run-of-the-mill executory contract or an unexpired lease, it is no longer necessary to be established by the debtor that the executory contract sought to be rejected … The legislative history of the enactment of § 365 leaves no doubt that Congress did not intend to immunize collective bargaining agreements from the debtor’s power to reject executory contracts.

In re Mandalay Shores Cooperative Housing Ass'n

112 B.R. 440 · United States Bankruptcy Court, M.D. Florida · Mar 2, 1990

Lastly, MSCHA’s condition should be terminated because the delays which are prejudicial to the creditors are clearly MSCHA’s own doing. … A plain reading of § 349 clearly permits the Court to dismiss a case under Title 11 with prejudice.

In re Superior Tomato-Avocado, Ltd.

481 B.R. 866 · United States Bankruptcy Court, W.D. Texas · Sep 24, 2012

A & A has to have complied with subsection (c)(3) in order qualify for the trust. … Only a single Fifth Circuit decision has raised the strict versus substantial compliance issue, yet, the court’s ruling does not clearly endorse either approach.

Mangan v. Univ. of Conn. (In re Hamadi)

597 B.R. 67 · United States Bankruptcy Court, D. Connecticut · Jan 31, 2019

. § 550 (a), depending on the transfer date of the tuition payments; 2) UConn has established the elements of a good faith defense under 11 U.S.C. § 550 (b)(1) as an immediate transferee; and 3) the Post-Petition Payments … The Court has also addressed state sovereign immunity in tuition claw back cases. See In re Knight , 2016 WL 6134143 , at *2 (Bankr. D. Conn. Oct. 20, 2016).

In Re Jones

428 B.R. 720 · United States Bankruptcy Court, W.D. Michigan · Apr 22, 2010

. § 600.5451(1)(n) qualifies as a State law applicable on the Debtors’ respective petition dates, it is not generally applicable to all debtors, but only debtors who file for bankruptcy protection: (1) A debtor in bankruptcy … The court in Hood , on the other hand, endeavored to resolve a separate question of Congressional power to abrogate state sovereign immunity under 11 U.S.C. § 106 , not the constitutional concerns associated with state-created

Brown v. Shelter Insurance Employees Retirement Plan (In Re Kendrick)

106 B.R. 605 · United States Bankruptcy Court, W.D. Missouri · Aug 5, 1988

The usual ERISA spendthrift provisions are contained in the plan and it is duly qualified under § 401 of the Internal Revenue Code. … Stewart, in three detailed opinions, has very clearly established the standards to be used by Bankruptcy Courts in this district and it would not serve this author to even attempt any more detailed or appropriate explanation

In Re Handel

301 B.R. 421 · United States Bankruptcy Court, S.D. New York · Nov 17, 2003

For example, when he established a Brokerage Account, Mr. … A Plan Siibject to ERISA or a Tax-Qualified Plan?

In Re: Named Involuntary Steven Wayne Bonilla

United States Bankruptcy Court, E.D. California · Oct 2, 2019

The 19 court provided a thirty-nine (39) page Memorandum Opinion and Decision and Order thereon 20 addressing the Form 105s, the requirements for a person to qualify to commence involuntary 21 bankruptcy cases, and the non-bankruptcy … Id. 26 27 As clearly stated by Mr.

In re Deitch

522 B.R. 99 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 3, 2014

In this case the record establishes material contacts upon the Debtor at his home. … It was not, but it is clearly implicated.

In Re Gulph Woods Corp.

82 B.R. 373 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 8, 1988

We find that the State Ethics Commission Orders are clearly admissible under Rule 803(8)(C) as public reports. … These factual statements, as to the activities of Mr. *376 Trinsey, contained in Section B of the State Ethics Commissions Orders, clearly qualify as “factual findings” within the context of 803(8)(C). ' Furthermore, this

Moran v. Hong Kong & Shanghai Banking Corp. (In Re Deltacorp, Inc.)

179 B.R. 773 · United States Bankruptcy Court, S.D. New York · Mar 21, 1995

The Bank defended, however, by pleading that the transfer was made in the ordinary course of business, thus qualifying as a statutorily-defined exception to an otherwise avoidable preference. … To state the issue clearly is almost to resolve it, because it makes little sense to permit the consolidated estate to recover a transfer not made with actual fraudulent intent when the estate has not been harmed.

In Re Symons Frozen Foods Inc.

425 B.R. 589 · United States Bankruptcy Court, W.D. Washington · Mar 5, 2010

Watts therefore does not qualify as a PACA trust beneficiary. … This language clearly indicates that the separate writing requirement applies in the context of an agency relationship that arises before the transaction that creates the PACA trust, not in the context of the fiduciary duty

In Re Haven Eldercare, LLC

390 B.R. 762 · United States Bankruptcy Court, D. Connecticut · Jul 4, 2008

The Auction Procedures required the submission of “Qualified Bids” by a bid deadline. Auction Procedures ¶ C. Each Qualified Bid was required to be for all or substantially all of the Debtors’ assets. … Although unfortunate, this changeover was early envisioned, and clearly foreseeable. 6.

Walsh v. Bracken (In Re Davitch)

336 B.R. 241 · United States Bankruptcy Court, W.D. Pennsylvania · Jan 18, 2006

Evidence presented at trial overwhelmingly establishes that debtor knew of both orders and had ample opportunity to meet the deadline established in the order of January 14, 2005. … Discharge orders are not “cast in stone” and are not immune from reconsideration.

Noland v. Fre, Inc. (In re Jackson)

95 B.R. 68 · United States Bankruptcy Court, S.D. Ohio · Dec 5, 1988

In the instant matter there is clearly a dispute concerning the value of Mr. Jackson’s ring. … Finally, the court notes that, while the parties agree that the pawned ring was subject to a lien in favor of Elder-Beerman in the amount of approximately $7,000.00, the documents before the court do not clearly establish

Matson v. Strickland (In Re Strickland)

230 B.R. 276 · United States Bankruptcy Court, E.D. Virginia · Jan 26, 1999

Thus, Pund could still qualify for insider status even though he does not fall within one of the categories in the definition. … The fact that Pund was dating the Debtor’s mother at the time when the Loan was repaid also is not enough to qualify Pund as an insider. C.