Case law

Ford Motor Credit Co. v. Territo (In Re Territo)

32 B.R. 377 · United States Bankruptcy Court, E.D. New York · Aug 24, 1983

The defendant argues that the reference to insurance found in section 9-306(1) clearly establishes that only proceeds from a contract for insurance for that vehicle are intended to be deemed “proceeds” under the statute. … Territo’s injury appears to be substantial enough to qualify as a personal injury under this limited definition.

Roost v. General Motors Acceptance Corp. (In Re Boyer)

212 B.R. 975 · United States Bankruptcy Court, D. Oregon · Sep 18, 1997

BAP 1994) the court held that a security interest which was perfected outside the 10 day grace period 4 (in that case the 12th day) did not qualify for the enabling loan defense provided under § 547(c)(3). … In some instances, the period of time could be as short as 17 days, clearly abridging rights provided by Congress in enacting § 547(e)(3).

Matter of Schoen Enterprises, Inc.

76 B.R. 203 · United States Bankruptcy Court, M.D. Florida · Jul 28, 1987

On the same date the Trustee, a member of the regularly established panel, was appointed Interim Trustee pursuant to § 701 of the Bankruptcy Code. … Clearly, Tambay Trustee made no attempt to respond to Mr. Tatelbaum’s correspondence regarding the estate.

Pineo v. Fulton (In Re Fulton)

240 B.R. 854 · United States Bankruptcy Court, W.D. Pennsylvania · Nov 3, 1999

Such a possibility, however, is clearly not afforded by the language of Pennsylvania's § 8124(b)(l)(ix) because said statutory provision never once speaks of, or refers to, a trust. 10 .The IRAs at issue in Houck and Martich … by an employer for its employee under an employer-established plan.

Warren v. Taff (In Re Taff)

10 B.R. 101 · United States Bankruptcy Court, D. Connecticut · Mar 13, 1981

Taff’s schedules of assets and exemptions disclose various items of personal property with a total stated value of $8,862.26, and social security benefits and a “Uniroyal Qualified Salaried Pension Plan” of no ascribed values … Plumb, The Recommendations of the Commission on the Bankruptcy Laws — Exempt and Immune Property, 61 Va.L.Rev. 1, 95 (1975); Vukowich, Debtors’ Exemption Rights, 62 Geo.L.J. 779, 824 (1974).

McNally v. Stallman (In re Stallman)

576 B.R. 563 · United States Bankruptcy Court, W.D. Michigan · Oct 25, 2017

Stallman clearly did not use the precise building contract fund in obtaining the lien waivers, as a result of her settlement with the subcontractors and material suppliers who filed liens, she accounted for the entire amount … Stallman qualifies as a fiduciary, and that some liability on account of the defalcation remains unpaid-—ie., something beyond the trust res for which she has already accounted—they may be able to establish the existence

In Re Werts

410 B.R. 677 · United States Bankruptcy Court, D. Kansas · Aug 19, 2009

If an individual has regular income, and that individual’s debts are below the limits established by § 109(e), then that individual qualifies to be a Chapter 13 debtor. … Newell clearly understands the degree of reliance that trustees must and do place in sworn schedules. Based on that experience, the Court would have expected Ms.

McClendon v. Walter Home Mortgage (In re McClendon)

488 B.R. 876 · United States Bankruptcy Court, E.D. North Carolina · Mar 1, 2013

To establish liability in the rate spread home loan context, Plaintiffs must prove by preponderance of the evidence that the loan agreement 1.) qualifies as a rate spread home loan and 2.) violates the law concerning a lender … The facts established at trial describe the long and painful process of qualifying Plaintiffs for their home loan. Their relationship with WMC catalogues countless inequities, which the Court has described at length.

Landry v. Bank of America, N.A. (In re Landry)

493 B.R. 541 · United States Bankruptcy Court, E.D. California · May 15, 2013

Clearly, the courts will have no difficulty with the situation where the debtor violated his responsibilities in order to defraud his creditors. … However, would the receipt of conspicuous written notice of the responsibility and then the subsequent failure to comply qualify as an intentional violation?

In Re Rockville Orthopedic Associates, P.C.

365 B.R. 366 · United States Bankruptcy Court, D. Connecticut · May 11, 2007

The court overrules the debtor’s argument that the amount of the creditor's claim must be established in the informal proof of claim. … their interests in the bankruptcy estate may be able to preserve those interests by showing that they have complied with the spirit of the rules.”); In re Nikoloutsos 199 F.3d 233, 238 (5th Cir.2000) ("In sum, we hold [ ] qualifies

Clotfelter v. Ciba-Geigy Corp. (In Re Threewitt)

20 B.R. 434 · United States Bankruptcy Court, D. Kansas · May 25, 1982

The Internal Revenue Code § 401(a) et seq. establishes the criteria by which a pension plan is “qualified” to defer the employee’s income taxation until retirement and to assure the employer a deduction at the time it contributes … Clearly this is not truly a restraint on alienation.

In Re Hall

31 B.R. 42 · United States Bankruptcy Court, E.D. Tennessee · Jun 14, 1983

The debtor’s conduct immediately preceding bankruptcy clearly indicates an effort to place his property beyond the reach of creditors, especially the judgment debt of his ex-wife. … The debtor attempted to establish a homestead exemption in the land he had purchased.

In re Norris

550 B.R. 271 · United States Bankruptcy Court, D. New Jersey · May 20, 2016

The “restriction” was clearly enforceable under the Statute, thereby satisfying the fifth factor. … The combination of the language of section 408(e) in conjunction with IRS publications and regulations and the Jan-kelovits case cited by In re Thiem are sufficient to establish the tax exempt status of inherited IRAs.

Schroeder v. New Century Holdings, Inc. (In Re New Century Holdings, Inc.)

387 B.R. 95 · United States Bankruptcy Court, D. Delaware · Jun 17, 2008

ERISA does not specify what is required for a plan to qualify as unfunded. … No court has established a bright-line test to determine at what point a “select group” becomes too large to allow *112 the plan to qualify as a top hat plan. Demery v.

In Re L. Natural Foods Corp.

199 B.R. 882 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 6, 1996

Originally, PACA established a mandatory licencing scheme, under the supervision of the Secretary of Agriculture, for dealers, brokers, and commission merchants of perishable agricultural commodities, 7 U.S.C. § 499c(a), … Since Bedemeo has failed to establish that it possesses an identifiable interest in the es-crowed monies now in the possession of Midlantic, its motion for relief from the automatic stay and for turnover of that fund is denied

Ingersoll-Rand Financial Corp. v. 5-Leaf Clover Corp. (In Re 5-Leaf Clover Corp.)

66 A.L.R. Fed. 497 · United States Bankruptcy Court, S.D. West Virginia · Sep 3, 1980

Nonetheless, the evidence established that the Debtors did have some equity in the equipment. … Ingersoll-Rand offered testimony to establish a depreciation rate of 2.2%, or approximately $25,000 per month.

Lockhart v. Washington County Child Support Enforcement Agency

United States Bankruptcy Court, N.D. West Virginia · Jun 24, 2021

Material facts are those which are necessary to establish a cause of action. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). … In 1992, the Supreme Court in Nordic Village held that § 106 of the Bankruptcy Code did not establish an unequivocal textual waiver necessary to avoid the government’s sovereign immunity in bankruptcy proceedings. 503

In Re Asher

168 B.R. 614 · United States Bankruptcy Court, N.D. Ohio · Feb 24, 1994

Additionally, the person nominated by Trustee as Co-Counsel, while highly qualified, is not a disinterested person as required by the Bankruptcy Code. … If in the future the Trustee can establish adequate grounds for the appointment of a different Co-Counsel, then this Court may reconsider his Motion.

In Re Thompson

67 B.R. 1 · United States Bankruptcy Court, N.D. Ohio · Dec 7, 1984

The issue before the court is whether interest and penalties on an unpaid tax liability of a debtor in possession may qualify as a first priority administrative expense of the estate. … They have failed to supply the court with the statement required by the Treasury Regulations or any other evidence to establish reasonable cause.

In Re Thompson

457 B.R. 872 · United States Bankruptcy Court, M.D. Florida · Aug 29, 2011

The high burden a debtor must prove to establish an undue hardship on himself and his dependents in order to discharge student loan debt does not qualify that debt as priority debt, payable before other unsecured debts. … The high burden a debtor must prove to establish an undue hardship on himself and his dependents in order to discharge student loan debt does not qualify that debt as priority debt, payable before other unsecured debts.