Case law

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

Felton

United States Bankruptcy Court, N.D. Mississippi · Dec 23, 2025

But any sanction must qualify as civil, not criminal. Highland Cap., 98 F.4th at 174. … It is well established that the United States may not be sued absent a waiver of sovereign immunity that is “unequivocally expressed in statutory text.” Wagstaff v. U.S.

City Wide Community Development Corporation v. City of Dallas

United States Bankruptcy Court, N.D. Texas · Oct 6, 2023

Specifically, a debtor’s property rights are determined by state law, while federal bankruptcy law establishes the extent to which those rights 83 Blackburn v. … “to adjust the demands between the parties and allow recovery of only the balance that is due.”105 In light of the foregoing, the Court finds that the injunctive and declaratory relief sought by the Plaintiff does not qualify

Town of Hempstead Employees Federal Credit Union v. Bruce (In re Bruce)

214 B.R. 938 · United States Bankruptcy Court, E.D. New York · Nov 26, 1997

HEFC has failed to establish by a preponderance of the evidence that Mrs. … For the same reasons, HEFC has failed to establish any reasonable reliance on the omission of the Metro obligation. 4. HEFC has failed to establish by a preponderance of the evidence that Mrs.

Sheffield Steel Corp. v. HMK Enterprises, Inc. (In Re Sheffield Steel Corp.)

320 B.R. 423 · United States Bankruptcy Court, N.D. Oklahoma · Nov 8, 2004

The report is clearly an out of court statement that is not an admission by Sheffield. … The record does not establish that the Noteholders are the only qualified creditors from whom Sheffield derives its rights under Section 544(b), however. 2.

In re Kruse

545 B.R. 581 · United States Bankruptcy Court, W.D. Wisconsin · Feb 12, 2016

Trustee Took Clearly Inconsistent Positions The Debtors argue the U.S. … Denying the motion to dismiss when the facts, viewed separately from prior procedural history, would clearly establish abuse may encourage debtors to try to game the system and result in relief under chapter 7 that was never

Smith v. Infantolino (In Re Infantolino)

24 B.R. 667 · United States Bankruptcy Court, D. Rhode Island · Oct 18, 1982

The record established by both parties is confusing and disorganized, and presents a most difficult situation to the Court for determination. … The possibility of dissolution of the corpora- . tion (because it is inactive) does not automatically qualify th«? Plaintiff, in his individual capacity, as a proper party.

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

In Re Wheat

149 B.R. 1003 · United States Bankruptcy Court, S.D. Florida. · Dec 3, 1992

. § 541 (c)(2), a debtor’s interest in an ERISA qualified pension plan did not become property of the estate. … 457(b) of the Internal Revenue Code (“Eligible deferred compensation plan defined.”) provides, inter alia and with emphasis added: For purposes of this section, the term “eligible deferred compensation plan” means a plan established

Gordon & Hiller v. McMasters (In re McMasters)

269 B.R. 86 · United States Bankruptcy Court, D. Connecticut · Oct 12, 2001

Clearly not enough to satisfy the [plaintiffs] claim of $30,000, plus interest. … debt, except “a debt secured by a lien _”); In re Scarpino, 113 F.3d 338, 340 (2d Cir.1997) (explaining that while exempted property is generally “not liable” for prepetition debt, 11 U.S.C. § 522 (c), there is “no such immunization

Mounier v. United States (In Re Mounier)

232 B.R. 186 · United States Bankruptcy Court, S.D. California · Oct 6, 1998

The 10 percent penalty is assessed whenever an early withdrawal is made from a qualified pension plan, regardless of when the plan was established. … The tax resulting from the inclusion of the withdrawn amount in income is clearly a tax.

In Re King Brand Food Products, Inc.

52 B.R. 109 · United States Bankruptcy Court, S.D. Florida. · Jun 6, 1985

The court must decide whether the preceding language taken in conjunction with the other documentary evidence created or established in Mr. … Duke by the writings or de facto to qualify him as a person in control within the meaning of B.R. 9001(5)(A).

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 Trentadue

527 B.R. 328 · United States Bankruptcy Court, E.D. Wisconsin · Mar 19, 2015

Whether a payment qualifies as a domestic support obligation is a fact specific inquiry, and the claimant has the burden of proof to show that her claim is entitled to priority. … He argues the intent of the state court judge in ordering this obligation is clearly set out in his decision, and that is to punish the debtor for unnecessary litigation.

Daviau v. Daviau (In Re Daviau)

16 B.R. 421 · United States Bankruptcy Court, D. Massachusetts · Jan 13, 1982

On the basis of this qualifying language, the defendant argues that if the award was not for Mrs. Daviau’s support, it must have been part of an overall property settlement between the parties. … Having thus found that the plaintiff has established a prima facie ease for non-dis-chargeability, the burden then falls upon the debtor to establish his continuing right to a discharge of the obligation.

Dufrane v. Navient Solutions, Inc. (In re Dufrane)

566 B.R. 28 · United States Bankruptcy Court, C.D. California · Mar 23, 2017

D.N.D. 2011) (“Given the breadth afforded to the phrase ‘educational benefit,’ these facts clearly establish that the Chase loans were used to provide Debtor an educational benefit.”); and Sensient Tech. Corp. v. … educational loan from degenerating into a non-qualified loan” [and] '“it cannot be used to elevate a non-qualified educational loan into a qualified educational loan,” 18 See Murphy v.

Chrystler v. South Bend Supply Co. (In Re Skilled Trades Co.)

1 B.R. 396 · United States Bankruptcy Court, W.D. Michigan · Dec 3, 1979

Thus, certain elements of a voidable transfer are established. Bankruptcy Act of 1898, Sections 60a and 60b, 11 U.S.C. Sec. 96 (1970). … Dept, of Labor and Industries, 190 Wash. 251 , 67 P.2d 872 (1937) the issue was whether respondent qualified as being in the “building industry” so as to qualify for more favorable workmans compensation rates.

In Re Boston Regional Medical Center

256 B.R. 212 · United States Bankruptcy Court, D. Massachusetts · Dec 4, 2000

The Debtor does not contend that it does, and the obligation clearly is not discretionary. … To qualify as an administrative expense, a claim must be incurred by the estate.

In Re Morgantown Trust No. 1

155 B.R. 137 · United States Bankruptcy Court, N.D. West Virginia · Jun 3, 1993

... to establish ... uniform laws on the subject of bankruptcies.” … There are also cases which specifically address whether a “land trust” may qualify as a “business trust.”

Olick v. Kearney (In Re Olick)

422 B.R. 507 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 28, 2009

coupled with timing to establish a causal link.” … Feb. 6, 2008). 48 .The Farrell court stated: Although timing and ongoing antagonism have often been the basis for the causal link, our case law clearly has allowed a plaintiff to substantiate a causal connection for purposes