Case law

Matter of 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).

Davidson v. United States of America Internal Revenue Service (In Re Summa T Corp.)

73 B.R. 388 · United States Bankruptcy Court, E.D. Arkansas · Apr 27, 1987

In view of this faulty evidence, the trustee clearly has failed to establish any mistake, and the adjustment for $79,180 should be sustained.” … “Clearly the trustee’s proof in support of these disputed interest deductions is negligible.

Knight v. Eppard (In re Eppard)

502 B.R. 458 · United States Bankruptcy Court, W.D. Virginia · Nov 14, 2012

Courts faced with *465 this quandary have attempted to solve the issue by allowing state of mind to be established through circumstantial evidence. Id. see also Beckett v. … Absent waiver by the United States of its sovereign immunity, neither this court nor the state court could enter an order that has the effect of exercising control over a tax refund not yet in the hands of a taxpayer; or

Ultrasonics, Inc. v. Eisberg (In Re Ultrasonics, Inc.)

269 B.R. 856 · United States Bankruptcy Court, D. Idaho · Nov 6, 2001

The evidence before the Court establishes that the Moorpark address is not the Defendant’s “dwelling house or usual place of abode.” … The Moorpark address, whether Went-zel’s residence address or not, is clearly one that Defendant at times used in his business affairs.

In re Firstenergy Solutions Corp.

591 B.R. 688 · United States Bankruptcy Court, N.D. Ohio · Sep 18, 2018

The 2018 FENOC KERP establishes three tiers of bonuses for the plan participants. … The Debtors did not provide evidence of every job function, the targets established by management, the basis for evaluating them, and the current number of employees qualified for each *703 function.

In Re Metricom, Inc.

275 B.R. 364 · United States Bankruptcy Court, N.D. California · Mar 31, 2002

The foregoing provisions *368 shall survive the consummation of any Transaction and/or termination of the relationship established by this Agreement. … Trustee noted that, even with the modified provisions, Houlihan would still enjoy absolute immunity for negligence, with the Court’s role relegated to determining the amount of any claim by Houlihan and whether it fell within

Charter Executive Center Ltd. v. Federal Deposit Insurance Corp. (In Re Charter Executive Center Ltd.)

34 B.R. 131 · United States Bankruptcy Court, M.D. Florida · Jun 14, 1983

Charter next contends that the United States waived sovereign immunity *136 in § 106 of the Bankruptcy Code, and therefore, is subject to a claim of usury. … It is established law that the purpose of attaching a promissory note to a mortgage is that of evidencing the underlying debt.

In Re Westbrooks

202 B.R. 520 · United States Bankruptcy Court, N.D. Alabama · Oct 8, 1996

Percentage fee arrangements comport with the Bankruptcy Code’s goal of attracting highly qualified professionals to the bankruptcy forum. … re C & P Auto Transport, Inc., 94 B.R. 682 (Bankr.E.D.Cal.1988) (burden of proof to establish that the proposed terms and conditions of employment are reasonable is on the applicant).

In Re Gem Tire & Service Co.

117 B.R. 874 · United States Bankruptcy Court, S.D. Texas · Apr 27, 1990

Consequently, a trustee who is an attorney must clearly demonstrate to a bankruptcy court why he wants to employ more attorney power at the expense of the estate. … Wary of this ethical dilemma, the Butler court established the criterion that a trustee must show “cause” to justify employment of the trustee’s law firm.

In re Allied Consol. Indus., Inc.

602 B.R. 645 · United States Bankruptcy Court, N.D. Ohio · Apr 22, 2019

Shibble led him to believe that most of AED/Gator's equipment in question either clearly qualified as exempt or was clearly taxable. [ Id. , p. 66]. Upon being asked by the court, Mr. … Wash testified that equipment used to change the form of, or prepare scrap, would qualify as exempt, whereas "just cutting it up or prepping it to be shipped off" would not qualify. [ Id. ]. Ms.

Eder v. Queen City Grain, Inc. (In Re Queen City Grain, Inc.)

51 B.R. 722 · United States Bankruptcy Court, S.D. Ohio · Jun 25, 1985

Clearly the drafters of this statute had a very limited meaning in mind for good faith. … That is, for purposes of § 550(b)(1), the legislative intent was limited to closing the door on attempts to immunize a questionable transaction through involvement of a third party.

Walter v. Deutsche Bank National Trust Co. (In re Walter)

489 B.R. 298 · United States Bankruptcy Court, S.D. Georgia · Oct 15, 2012

Conversely, Defendants argue that Plaintiffs avoidance action is barred as a matter of law because Plaintiff cannot establish that the disputed assignment of the Security Deed conveyed during the relevant preference period … IndyMac’s successors and assigns can clearly be traced through the record in this case.

In Re Apex Oil Co.

118 B.R. 683 · United States Bankruptcy Court, E.D. Missouri · Aug 16, 1990

Because other Class 3B creditors will be paid with assets of the Debtors, the Asbestosis Claimants argue that these remedies are clearly separate and distinct. … Thus, this Court concludes that the Debtors have established that the Post-Confirmation Financing will be available on and after the Effective Date, and the Debtors have established that the Post-Confirmation Financing will

Kriss v. United States of America (IRS)

United States Bankruptcy Court, D. New Hampshire · Sep 27, 2019

Under both Rule 12(b)(6) and Rule 12(c), “the pleadings taken in the light most favorable to the non-movant must establish a plausible claim.” … [11 U.S.C.]§ 524, and that immunity is not waived by [11 U.S.C.]§ 106”).

Mendez v. Mendez (In Re Mendez)

275 B.R. 482 · United States Bankruptcy Court, W.D. Pennsylvania · Apr 5, 2001

Plaintiff is a physician specializing in internal medicine who established his own medical practice in 1988. Plaintiff has a high-school education. … It may so qualify under federal law even though it does not so qualify under state law. We must “look beyond the label” to ascertain its “true nature”. Gia-nakas, 917 F.2d at 762 .

Derryberry v. Peoples Banking Co. (In Re Hartley)

55 B.R. 770 · United States Bankruptcy Court, N.D. Ohio · Apr 15, 1985

Claiming that the payment qualifies as a preference under § 547(b), the trustee now seeks its recovery. The trustee to prevail in a preference action must establish all elements set forth in Section 547(b). G.E. … The Court held that if the shares had value it was clearly a preference but there was no evidence in the record which established value and therefore the case was remanded to determine that question.

In Re Vogt

245 B.R. 53 · United States Bankruptcy Court, E.D. Virginia · Jan 21, 2000

Merrill Lynch’s response clearly shows that the debtor is not getting the full *58 benefit of her fresh start. … Moreover, Merrill Lynch qualifies its statement by assuming that the estate pays the tax. In fact, even if the estate wrongfully fails to pay the tax, the debtor has no taxable consequences.

In Re Blackwell

270 B.R. 814 · United States Bankruptcy Court, W.D. Texas · Nov 29, 2001

As the court ruled in Fracmaster, once these predicates are established, a bankruptcy court has little discretion not to admit the petition. … Second, Blackwell was bringing Ltd.’s claim in IGS's ancillary proceeding, as the case number on the complaint clearly indicated.

S.N. Phelps & Co. v. Circle K Corp. (In Re Circle K Corp.)

199 B.R. 92 · United States Bankruptcy Court, S.D. New York · Aug 7, 1996

The defendants also contend that they have established a need even in the absence of any waiver. … The Defendant’s Need All agree that the protection afforded work product is qualified.

Harman v. Sorlucco (In Re Sorlucco)

68 B.R. 748 · United States Bankruptcy Court, D. New Hampshire · Dec 31, 1986

Several key facts are clearly established by the evidence in this record that undercut the basis for the trustee’s various attacks upon the transfers in question. … It has been established by various case decisions that the fact that a transfer occurs in the context of the divorce proceeding does not immunize such transfer from a § 548 attack by a trustee in bankruptcy for one of the