Case law

Norra v. Harris County (In Re Norra)

421 B.R. 782 · United States Bankruptcy Court, S.D. Texas · Nov 5, 2009

Norra has not established that Lauder is “used principally for the purposes of a home.” Perry, 345 F.3d at 318 n. 22. To the contrary, the evidence at trial overwhelmingly established that Ms. … By March 6, 1968, when the mechanic's lien was executed, the Hollifield’s clearly intended to use a portion of the 18 acres for a mobile home park.

Potter v. Potter (In Re Potter)

159 B.R. 672 · United States Bankruptcy Court, N.D. New York · Jul 19, 1993

On May 20, 1993, Judge Gilbert signed an additional order designated as a “Qualified Domestic Relations Order” (the “QDRO”). … It is the movant’s burden to establish the absence of any unresolved issues of material fact. See id. (citing Anderson v.

In Re Degroot

460 B.R. 159 · United States Bankruptcy Court, W.D. Michigan · Nov 23, 2011

He and his office were not immune. … Although unmatured claims still qualify as "claims,” the court is required to disallow any unmatured claim for support.

In Re Bace

364 B.R. 166 · United States Bankruptcy Court, S.D. New York · Mar 19, 2007

In re Miller held that a vacation home would not qualify as an exempt homestead under New York law, “because there is no actual occupancy on a regular basis. … The revesting of property under § 522(1) does not immunize it from being brought into the estate upon conversion of a Chapter 13 case. Id. at 321 (citations omitted). 9 .

Ledford v. Sears (In re Williams)

5 B.R. 706 · United States Bankruptcy Court, S.D. Ohio · Aug 26, 1980

The record establishes that the debtors paid their money directly to Sears within 90 days prior to the date they filed their petition for relief with this Court. … Since the defendant was not listed as a creditor in the bankruptcy case, clearly it received more than it would have received if the transfer had not been made. See 11 U.S.C. § 547 (b)(1) through (5).

McVey v. Johnson (In re SBMC Healthcare, LLC)

519 B.R. 172 · United States Bankruptcy Court, S.D. Texas · Sep 18, 2014

Even if the claims exist when the re- *182 lease is executed, any claims not clearly within the subject matter of the release are not discharged. Brady, 811 S.W.2d at 938 . … Plaintiffs’ proffered reasons for qualifying the Proceeding as core do not persuade this Court.

Matter of Smithuysen

54 B.R. 661 · United States Bankruptcy Court, D. New Jersey · Jul 22, 1985

Initially, it should be noted that reference is made to two rules which establish provisions for enlargement. … Rule 4004[b] clearly distinguishes between motions brought to enlarge the time period before, and after, it has tolled.

In Re Davison

29 B.R. 987 · United States Bankruptcy Court, W.D. Missouri · Jun 2, 1983

In any event, under Missouri law, Betty Davison clearly has ownership rights in the footwear collateral. … Betty Davison is clearly a “debtor” in this case. Citizens’ own actions in requiring her to sign all of the supporting documents help to establish her in that status.

Bird v. Winterfox, LLC (In Re Kitts)

447 B.R. 330 · United States Bankruptcy Court, D. Utah · Feb 8, 2011

established in the record. … The Court agrees with the Trustee that prepaid finance charges qualify as compen-sable damages under § 1640(a)(4).

Shaia ex rel. Estate of Connelly v. Taylor (In re Connelly)

476 B.R. 223 · United States Bankruptcy Court, E.D. Virginia · Mar 30, 2012

under 28 U.S.C. §§ 157 (b)(2)(B), (C) and (E), the Adversary Proceeding also qualifies as a core proceeding under 28 U.S.C. §§ 157 (b)(2)(A) and (O). … It is an essential component of the adjudication of the Defendants’ proofs of claim and thus falls clearly within the second prong of the test set forth in Stern for counterclaims brought under 28 U.S.C. § 157 (b)(2)(C).

In Re Petters Co., Inc.

401 B.R. 391 · United States Bankruptcy Court, D. Minnesota · Feb 26, 2009

The Receiver shall be solely the agent of this Court in acting as Receiver under this Order and shall have judicial immunity. … MooRE et al., Moore’s Federal PRACTICE ¶ 66.03[2] (3d ed. 2007) (“The district court that appoints the receiver establishes the extent of the receiver’s authority ... ”).

In Re National Refractories & Minerals Corp.

297 B.R. 614 · United States Bankruptcy Court, N.D. California · Aug 27, 2003

Clearly, Centerpoint is entitled to an administrative claim for post-petition, prerejection operating expenses and base rent as well as taxes. … Finally, the Debtor objects to any payment being ordered until Centerpoint establishes that it has returned or given credit for the Debtor’s $11,616 security deposit.

Hillsborough Holdings Corp. v. United States (In re Hillsborough Holdings Corp.)

179 B.R. 728 · United States Bankruptcy Court, M.D. Florida · Mar 3, 1995

This Court is unwilling to accept such an unwarranted gloss attempted to be placed in the undisputed facts established by this record in order to support the proposition that JWIC is qualified as a DÍSC and, in turn, entitled … The Private Letter Ruling issued by the Government on January 9,1976 established that the 10% royalty rate included in the lease qualifies for long term capital gain treatment to U.S. Pipe.

MacAulay v. Shields (In Re Shields)

147 B.R. 627 · United States Bankruptcy Court, D. Massachusetts · Nov 30, 1992

Clearly, the Debtor’s conduct cannot be condoned. This Court has no doubt that the Superior Court’s findings *630 were amply supported by the record in the state court proceeding. … Accordingly, the Court finds that the Plaintiffs cannot establish a critical element of proof under section 523, namely obtaining money by means of false representations.

Chapelle v. Educational Credit Management Corp. (In Re Chapelle)

328 B.R. 565 · United States Bankruptcy Court, C.D. California · Jul 22, 2005

Chapelle’s expenses have clearly exceeded her income, as evidenced by her accumulated $44,903.62 of credit card debt and bankruptcy filing in July 2004. … Chapelle’s skills would qualify her for outside of the paralegal field. Despite Ms.

In Re Vernon

101 B.R. 87 · United States Bankruptcy Court, E.D. Missouri · May 3, 1989

The burden of proof for establishing eligibility for bankruptcy relief is on the party filing the petition. In re Rott, 73 B.R. 366, 371 (Bkrtcy. D.N.D.1987). In the instant case, Mr. … Vernon qualifies as a family farmer and is eligible for relief under Chapter 12. Accordingly, it is ORDERED that Mr.

In Re Unitcast, Inc.

214 B.R. 1010 · United States Bankruptcy Court, N.D. Ohio · May 7, 1997

Further, as the IRS has successfully argued in a recent Supreme Court case, this Court cannot categorically reorder the priority scheme established by Congress. United States v. … First, the plan’s accrual of the pension liability clearly preceded the May 4, 1993, petition date.

Headrick v. Atchison (In Re Atchison)

255 B.R. 790 · United States Bankruptcy Court, M.D. Florida · Nov 29, 2000

The court of appeals found that the underlying promissory note “clearly and unambiguously [provided] that the [debtors] would be liable for [the creditor’s] attorney’s fees” as the parties had agreed. Id. at 1508 . … Accordingly, the bankruptcy court does not qualify as a “trial or appellate court” within the meaning of Section 772.11, Florida Statutes. See, e.g., Barnett Bank of Tampa, N.A. v.

KV Pharmaceutical Co. v. Harland (In Re Harland)

235 B.R. 769 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 1, 1999

A “knowing breach of contract” could also qualify. See id. [emphasis supplied.] … In order to establish a claim of embezzlement, the Debtor must also be shown to have misappropriated the Plaintiffs property. The findings of the State Court are that he clearly did so.

Ray v. University of Tulsa (In Re Ray)

262 B.R. 544 · United States Bankruptcy Court, N.D. Oklahoma · May 3, 2001

The court adopted the Grand Union definition of “loan” and held that the credit extensions qualified as educational loans for the purposes of § 523(a)(8). … Ray sup *551 posedly agreed to pay were clearly unliqui-dated when she signed the Enrollment Cards.