Case law

C.F. Trust, Inc. v. Tyler

318 B.R. 795 · United States Bankruptcy Court, E.D. Virginia · Dec 16, 2004

With that established, it is clear that this appeal is governed by a “clearly erroneous” standard for findings of fact and a de novo standard for conclusions of law. See Canal Corp., 960 F.2d at 399 . … In sum, the parties chose language that clearly and unambiguously reflects an intent to preserve C.F.

In Re Smith

437 B.R. 817 · United States Bankruptcy Court, N.D. Texas · Oct 12, 2010

. • Smith has only four qualifying creditors, thus permitting RPL to file an involuntary bankruptcy without the need to join two additional creditors. … However, the evidence did not establish anything more.”); Bartmann v.

In Re Donnell

357 B.R. 386 · United States Bankruptcy Court, W.D. Texas · Dec 5, 2006

That cannot be the law; § 541 clearly states that a bankruptcy estate is established at ‘[t]he commencement of [the] case.’ ” Burgess, 438 F.3d at 503 . … Donnell 25 had a qualifying child on the petition date and that she had enough earned income on the petition date to qualify for the additional CTC. Mrs. Donnell had $540 of additional CTC.

Organic Power LLC v. Small Business Administration and Jovita Carranza, as Administrator of the Small Business Administration

United States Bankruptcy Court, D. Puerto Rico · Jul 24, 2020

In the temporary restraining order of May 8, 2020, the court examined and rejected the SBA’s claim to sovereign immunity under section 634(b)(1) of the Act. … As a result, both the controversy over sovereign immunity and the request for permanent injunctive relief are moot.

United Tort v. Quorum Health Res., LLC (In re Otero Cnty. Hosp. Ass'n, Inc.)

584 B.R. 746 · United States Bankruptcy Court, D. New Mexico · Jan 29, 2018

Schlicht participated in a surgical procedure for which he was not qualified, the UTC have established causation. And because Dr. Harvie's report indicates that Dr. … Under the circumstances existing on July 21, 2007 only a qualified physician could make a judgment that Dr.

In Re Professional Security Services, Inc.

162 B.R. 901 · United States Bankruptcy Court, M.D. Florida · Nov 4, 1993

However, the Debtor’s reliance on Critical Care is misplaced, as that case is clearly distinguishable from the instant ease. … Under the statute, an entity, i.e. a corporation, does not qualify as a person.

In Re Davis

343 B.R. 326 · United States Bankruptcy Court, M.D. Florida · May 3, 2006

In reaching this holding, the Court reasoned that, “[petitioners’ plans clearly ‘provided for’ respondent’s home mortgage claims by establishing repayment schedules for the satisfaction of the arrearages portion of those … As the Court has found Section 1325(a)(5)(b)(iii) to be inapplicable, there is no need for the Court to reach a determination as to the parameters of what qualifies as “equal monthly payments.”

In Re Evans

362 B.R. 275 · United States Bankruptcy Court, D. South Carolina · Dec 5, 2006

One year later, the homestead law in Florida was amended, and the debtor’s condominium could qualify for a homestead exemption. … The Debtors argue that it is therefore now well established that the contract clause does not invalidate state regulation merely because such regulation alters contractual rights or remedies.

In Re Fresh Approach, Inc.

51 B.R. 412 · United States Bankruptcy Court, N.D. Texas · Jul 25, 1985

As this Court has noted earlier 6 , Congress has clearly indicated that precedents established under PSA may be relied upon when construing the provisions of PACA. In Folsom-Third Street Meat Company v. … Rutchik testified at the June 6 hearing that, in his opinion, the entire amount claimed represented qualifying produce shipped across state lines.

In Re Benton

237 B.R. 353 · United States Bankruptcy Court, E.D. Michigan · Jun 30, 1999

In In re Wilcox, the court analyzed a similar plan established by the City of Detroit. … However, Wayne County was required to take the necessary steps to establish a trust in order to comply with § 457(g).

Fritz v. Daiker (In Re Daiker)

5 B.R. 348 · United States Bankruptcy Court, D. Minnesota · Jul 28, 1980

In court cases under the old Act, much confusion was generated because, in deciding whether a particular debt of the bankrupt-divorced spouse qualified as alimony, maintenance or support so as to be non-dis-chargeable in … Before reviewing the record, the role of the Bankruptcy Court in a debt-discharge proceeding such as this must be clearly understood.

In re Gardens Regional Hospital & Medical Center, Inc.

567 B.R. 820 · United States Bankruptcy Court, C.D. California · May 15, 2017

Health & Safety Code § 1250 establishes that a facility qualifies as a “health facility” only if it is operating and receiving patients. … Provided the moving party meets a minimum threshold as to each factor, the Court may “balance the various stay factors once they are established.” Id. at 965 .

Matter of VanMeter

137 B.R. 908 · United States Bankruptcy Court, N.D. Indiana · Feb 25, 1992

An either/or test has, thus, been established by which a state law will fall if one of two conditions is met. … They determined that “by naming those sections of the I.R.C. which designate ERISA-qualified plans, [the exemption statute] clearly makes reference to ERISA plans.” Pitrat, 947 F.2d at 427 .

Neuger v. United States (In Re Tenna Corp.)

43 B.R. 140 · United States Bankruptcy Court, N.D. Ohio · Mar 14, 1984

The government’s claim for taxes in this proceeding qualifies for priority status under Section 507(a)(6). There are other government claims entitled to like priority. … The payment in question, therefore, clearly enabled the *143 government to receive more than it would receive in the distribution of this estate.

Croteau v. Croteau (In Re Croteau)

246 B.R. 254 · United States Bankruptcy Court, E.D. Virginia · Mar 15, 2000

In Virginia, the trial courts of general jurisdiction are the circuit courts established in each county and certain cities. Va.Code Ann. § 17.1-500 and 17.1-513. … Such a definition is clearly broad enough to embrace a state tribunal, whether administrative or judicial, having authority to make and enforce determinations of child support.

Matter of Curtis

44 B.R. 416 · United States Bankruptcy Court, N.D. Mississippi · Oct 10, 1984

The Trustee has proposed that the truck-tractor be sold following the solicitation of sealed bids, although the value of the vehicle has not been conclusively established in a judicial proceeding. II. … In this case, the granting of the security interest, compared to a lien created by operation of law or the fixing of a judicial lien, is clearly to be considered a voluntary transfer.

In Re City of Harrisburg, Pa

465 B.R. 744 · United States Bankruptcy Court, M.D. Pennsylvania · Dec 5, 2011

The burden of establishing eligibility is on the debtor. … It is well established that a law should not be struck down “unless it clearly, palpably and plainly violates the Constitution; all doubts are to be resolved in favor of a finding of constitutionality.” Commonwealth v.

Tetterton v. Ocwen Federal Bank (In Re Tetterton)

379 B.R. 595 · United States Bankruptcy Court, E.D. North Carolina · Dec 13, 2007

A loan may qualify as a “high-cost home loan” under N.C. … The document clearly states that Ocwen is an assignee only with respect to the loan’s servicing rights.

In re Miller

487 B.R. 875 · United States Bankruptcy Court, E.D. Tennessee · Dec 7, 2012

MEMORANDUM ON MOTION FOR SUMMARY JUDGMENT THAT TENNESSEE STATE BANK IS NOT QUALIFIED AS A PETITIONING CREDITOR RICHARD STAIR, JR., Bankruptcy Judge. … That Tennessee State Bank is Not Qualified as a Petitioning Creditor filed by the Debtor on November 9, 2012, is DENIED.

In Re Johnson

357 B.R. 136 · United States Bankruptcy Court, N.D. California · Nov 25, 2006

Thus, the transfer of the Debt Amount is clearly avoidable. B. IS BESTWORTH ENTITLED TO RETAIN THE DEBT AMOUNT PURSUANT TO 11 U.S.C. § 548 (c)? … CAN BESTWORTH ESTABLISH A DEFENSE UNDER 11 U.S.C. § 550 (b)(1)?