Case law

Zick v. Zick (In Re Zick)

123 B.R. 825 · United States Bankruptcy Court, E.D. Wisconsin · Nov 28, 1990

The court’s intent was not to create a debt from the husband to the wife, nor to create a lien on his property, nor to establish an installment obligation. … While an award of attorney’s fees is often determined to be for support, here it is clearly part of the property division.

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.

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 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.

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.

McDaniel v. Navient Solutions, LLC (In re McDaniel)

590 B.R. 537 · United States Bankruptcy Court, D. Colorado · Sep 24, 2018

Alternatively, Navient argues dismissal is warranted because the Complaint, on its face, establishes the Tuition Answer Loans are excepted from discharge as "obligation[s] to repay funds received as an educational benefit … While the parties dispute whose side is in the majority, the recent trend is clearly in favor of Plaintiffs' position.

MPC Cash-Way Lumber Co. v. Collins (In Re Collins)

266 B.R. 123 · United States Bankruptcy Court, N.D. Ohio · Oct 25, 2000

Accordingly, for purposes of this case, as long as the Defendant was subject to Michigan’s Building Trust Fund Act, the *127 Defendant will qualify as a fiduciary for purposes of § 523(a)(4). … Such omissions, in this Court’s judgment, clearly constitute a failure to properly account for funds held in trust.

In Re Charterhouse, Inc.

84 B.R. 147 · United States Bankruptcy Court, D. Minnesota · Apr 1, 1988

A grant of the motion, either as cast under the written pleadings or as qualified at hearing, is inappropriate. … The Committee is clearly not “the reorganized debtor,” so the issue is whether it was a “proponent” of Debtor’s confirmed plan.

In re Alpha Natural Resources, Inc.

554 B.R. 787 · United States Bankruptcy Court, E.D. Virginia · Aug 5, 2016

The Objectors contended that, in order for the ANR Employee Plan to be exempt from the substantive requirements of ERISA, it must qualify as a “top hat” plan. … While no bright line test has been firmly established to determine when a group of employees no longer qualifies as a select group — courts have generally determined that a plan will keep its top hat status so long as the

Matter of Liberal Market, Inc.

24 B.R. 653 · United States Bankruptcy Court, S.D. Ohio · Oct 18, 1982

There has not been established any reason, in fairness to all contributors, to deem any participant as “more expert” than the others. … Fees for legal services (A) A lawyer shall not enter into an agreement for, charge, or collect an illegal or clearly excessive fee.

Maloney v. Stewart Title & Trust of Tucson (In Re Nichols)

88 B.R. 871 · United States Bankruptcy Court, C.D. Illinois · Jan 15, 1988

This Code section clearly suggests that mortgage notes are excluded from Code coverage. … The assignee in Kennedy Mortgage had established its interest in the five notes at issue by taking possession of them.

In Re Johnson

460 B.R. 234 · United States Bankruptcy Court, E.D. Arkansas · Sep 28, 2011

Investments, Inc., 370 Ark. 220 , 258 S.W.3d 374 (2007), establishes authority for its position. … In 1864, Congress placed into law an act that established a national banking system.

In Re Rector

134 B.R. 611 · United States Bankruptcy Court, W.D. Michigan · Dec 23, 1991

Retirement, disability, separation, death and extreme hardship all qualify as specific events when a participant will be in need of the funds reserved. … The degree of control over the funds is relevant to this determination, but here, the plan clearly establishes that the degree of control is limited to the occurrence of four events.

In Re Sun Healthcare Group, Inc.

245 B.R. 779 · United States Bankruptcy Court, D. Delaware · Feb 25, 2000

This was clearly a timely motion for reconsideration of the amended Final DIP Order under Rule 9023 or 9024. B. … The Constitution clearly states that federal law has supremacy. 12 This clearly includes bankruptcy law. See, e.g., People of State of New York v.

Quidley v. Small Business Administration (In Re Quidley)

39 B.R. 362 · United States Bankruptcy Court, E.D. Virginia · Apr 4, 1984

Such is clearly the law in Virginia with respect to exemption statutes. See, e.g., Goldberg v. Salyer, 188 Va. 573 , 50 S.E.2d 272 (1948). … With this test in mind, this Court is satisfied that the debtor has established that the following items of personal property are necessary tools and utensils of his trade: the valve-set grinder with cabinet, one work bench

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.

Drennen v. Certain Underwriters at Lloyd's of London (In re Residential Capital, LLC)

575 B.R. 29 · United States Bankruptcy Court, S.D. New York · Jul 14, 2017

Communications protected by the attorney-client privilege are generally “absolutely immune from discovery.” N.Y. Times Newspaper Div. of N.Y. Times Co. v. … The work product doctrine is a “qualified privilege” codified in Federal Rule of Civil Procedure 26(b)(3). See In re Asia Glob. Crossing, 322 B.R. at 262 .

In Re Rocha

179 B.R. 305 · United States Bankruptcy Court, M.D. Florida · Feb 27, 1995

The absolute priority rule, in its simplest terms, requires that creditors of a debtor in bankruptcy reorganization receive payment of their claims in their established order of priority, and that they receive payment in … Even though the wife would qualify as a source of outside capital for purposes of the exception, the payments were to take place on a monthly basis over the course of the Plan.

Raso v. Fahey (In Re Fahey)

470 B.R. 649 · United States Bankruptcy Court, D. Massachusetts · May 14, 2012

The Health and Welfare Fund and the Pension Fund were established in 1959, and the Annuity Fund was established in 1973, each pursuant to separate, but essentially identical, trust agreements (the “Trust Agreements”). 2 The … that “all contributions shall be considered and defined as plan assets including contributions that are properly due and owing but not yet paid to the Funds by Contributing Employers.” 66 Section 1.15 “specifically and clearly

Dowden v. Teachers Insurance & Annuity Ass'n (In Re Baxter)

135 B.R. 353 · United States Bankruptcy Court, E.D. Arkansas · Jan 15, 1992

The CREF Contract provides that “Benefits under this certificate are protected by the following clause contained in the statute of the State of New York establishing CREF: No money or other benefit provided or rendered by … This Court is persuaded by those courts which reach the conclusion that a tax-qualified ERISA pension or profit sharing plan is exempt from the bankruptcy estate under 11 U.S.C. § 541 (c)(2). See Anderson v.