Case law

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.

California v. PG & E Corp. (In Re Pacific Gas & Electric Co.)

281 B.R. 1 · United States Bankruptcy Court, N.D. California · Jun 14, 2002

Does sovereign immunity prevent the AG Action and the CCSF Action from being removed to the bankruptcy court? B. … BAP 2001) (“it is well-established that consumer protection is a valid exercise of the police and regulatory power ... ”).

Eurobank v. Westernbank Puerto Rico (In Re Deckers Construction, Inc.)

461 B.R. 143 · United States Bankruptcy Court, D. Puerto Rico · Dec 29, 2011

Therefore, Eurobank’s security interest does not qualify as a PMSI under Section 9-107(a). … Defendant has not raised the issue of whether accounts receivable qualify for PMSI status.

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

Green v. United States (In re Green)

472 B.R. 347 · United States Bankruptcy Court, W.D. Texas · Apr 27, 2012

The Tax Court and Fifth Circuit were clearly courts of competent jurisdiction. The pri- or action in the Tax Court and the Fifth Circuit was concluded with a final judgment on the merits. … This would be contrary to well-established principles of statutory interpretation of the Bankruptcy Code. See Bank of Am. v. 203 LaSalle St.

Official Comm. Unsecured Creditors of HH Liquidation, LLC v. Comvest Grp. Holdings, LLC (In re HH Liquidation, LLC)

590 B.R. 211 · United States Bankruptcy Court, D. Delaware · Jan 26, 2018

In addition, when an exculpatory clause immunizes *273 the managers of a limited liability corporation from breach of fiduciary duty claims, a controlling equity holder is likewise immunized. See Shandler v. DLJ Merch. … Additionally, because Holdings' Managers are immune from any claim for a breach of the duty of care, Comvest (as the controlling equity member) is also immune from liability for breach of the duty of care.

In Re RB-Co., Inc. of Bossier

59 B.R. 43 · United States Bankruptcy Court, W.D. Louisiana · Jan 29, 1986

Does the sentence mean to be qualified so as to force a creditor to release its liens even if it has not received full satisfaction of its claim? Possibly. … Clearly, the comparison with a dation would lead to the opposite conclusion, i.e. that the creditor could not be forced to accept the property.

In Re Gronski

65 B.R. 932 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 16, 1986

The Government asserts that, since the Debtor has not undertaken to establish that he meets the criteria of 42 U.S.C. § 294f(g), his debt to the HHS is non:dis-chargeable. … Clearly, Congress, as opposed to some state legislature or other body, has the exclusive power to establish exceptions to the broad discharge otherwise obtainable under 11 U.S.C. § 1328 (a), as it was the creator of this

Micro Control Systems, Inc. v. Cadkey Corp. (In Re Cadkey Corp.)

324 B.R. 424 · United States Bankruptcy Court, D. Massachusetts · Mar 31, 2005

. § 508 because its alleged “significant contribution” to the resolution of the case was self-serving in nature and therefore did not qualify under the statute. II. Legal Analysis A. … In other words, MCS chose to forego the option of establishing the largest claim possible and subtracting a fixed amount in favor of fixing the amount of its claim.

Petralia v. 145 Marston St., Inc. (In re Petralia)

559 B.R. 275 · United States Bankruptcy Court, D. Massachusetts · Sep 30, 2016

He asserts that pursuant to § 06(a), any sovereign immu-nity defense is abrogated with respect to § 362, as qualified immunity is only available to officials performing discretionary, not ministerial acts, and enforcing a … Neither agency principles nor claims of sovereign immunity will shield Coady’s from this liability.

Bubp v. Romer (In Re Romer)

254 B.R. 207 · United States Bankruptcy Court, N.D. Ohio · Sep 11, 2000

Thus, these parties simply do not qualify as dependants for purposes of § 523(a)(15)(A). … Under § 523(a)(15)(B), the income of the creditor’s spouse is clearly relevant in any analysis comparing the parties’ respective standards of living.

In Re Robert Plan Corp.

439 B.R. 29 · United States Bankruptcy Court, E.D. New York · Oct 26, 2010

The Trustee was duly appointed and qualified as acting trustee for both cases. By order entered on September 9, 2010, the Debtors’ cases were substantively consolidated. … The doctrine of derived judicial immunity provides a bankruptcy trustee with immunity in the exercise of his business judgment, where he acts in accordance with an order of die court, after candid disclosure and on notice

In Re Witt

60 B.R. 556 · United States Bankruptcy Court, N.D. Iowa · Apr 21, 1986

Although Norton’s commentary suggests that even minor impairment of a claim is sufficient and proper to establish that a claim is impaired, other commentary differs. … The facts of this case establish sufficient cause for dismissal. Three Plans have been filed, none of which are capable of confirmation.

DiStefano v. Stern (In Re J.F.D. Enterprises, Inc.)

223 B.R. 610 · United States Bankruptcy Court, D. Massachusetts · Aug 6, 1998

They argue that' (1) the DiStefanos lack standing; (2) the statute of limitations has run; 14 (3) the Defendants are entitled to qualified immunity; and (4) the DiStefanos have not shown that any of the Defendants’ alleged … The Defendants’ Standard of Care Even were the Court to rale that the DiStefanos had standing to prosecute this action, the Defendants argue that they have qualified immunity from tort liability stemming from their actions

Brady v. Bestworth-Rommel, Inc.

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)?

In re Mead

489 B.R. 363 · United States Bankruptcy Court, D. Vermont · Mar 29, 2013

The pertinent Vermont statute clearly states that a homestead consists of a “dwelling house ... and the land used in connection therewith.” … Thus, the Debtor cannot have established a new homestead at Alderbrook.

Walker v. Midland Mortgage Co. (In Re Medlin)

201 B.R. 188 · United States Bankruptcy Court, E.D. Tennessee · Oct 8, 1996

The evidence before the court clearly establishes that the Defendant had knowledge of the Debtors’ bankruptcy case on July 12, 1996. First, and foremost, the court takes judicial notice pursuant to Fed. … These facts clearly establish that both the Defendant and its attorney possessed knowledge of the Debtors’ bankruptcy case at the time that the stay was violated. 5 *195 In conclusion, the court finds that the Defendant willfully

Williams v. Law Society of Hong Kong

264 B.R. 234 · United States Bankruptcy Court, D. Connecticut · Jun 28, 2001

This again demonstrated that [Williams] had clearly no intention to pursue his appeals according to the law but had tried to threaten the Board.” (Id.) … Although the position was created and empowered by Hong Kong ordinance, the Commissioner does not have governmental immunity from the jurisdiction of the court: See Ord.

In Re May

261 B.R. 770 · United States Bankruptcy Court, M.D. Florida · Apr 2, 2001

His claim of exemption as set forth in Schedule C listed the following items, which the Debtor seeks to immunize from administration: A. … The most recent amendment just before trial is clearly indicative that it was done for the purpose of increasing the deficit to establish and to show that the Debtor has no surplus from which he can fund a meaningful Chapter