Case law

First Interstate Bank of California v. Great American Veal, Inc. (In Re Great American Veal, Inc.)

59 B.R. 27 · United States Bankruptcy Court, D. New Jersey · Oct 18, 1985

This clearly was a conversion by GAV of Mid-West’s assets. … Sec. 9-114, it fails to qualify as an exemption.

In Re Richardson

224 B.R. 804 · United States Bankruptcy Court, N.D. Oklahoma · Sep 1, 1998

Another possible effect of the amendment is that a judgment lien creditor may now establish priority over later consensual creditors. … Section 5 Liens clearly impair the exemption-they can be foreclosed and the debtor can be dispossessed of his or her homestead.

Townsend v. Morequity, Inc. (In Re Townsend)

309 B.R. 179 · United States Bankruptcy Court, W.D. Pennsylvania · Apr 29, 2004

We will discuss those that clearly apply. Factor Number 2 According to Ms. Greco’s testimony, none of her methodologies have been subjected to peer review. Ms. … Greco is not qualified to give expert testimony in the field of forensic or question document analysis.

Singer Co. B v. v. Groz Beckert KG (In Re Singer Co. N v.

262 B.R. 257 · United States Bankruptcy Court, S.D. New York · May 10, 2001

Secondly, Groz argues that the manufacture of needles for sale outside the United States is, in itself, a qualifying noninfring-ing use. … Here, the record clearly demonstrates that Singer Brasil has been utilizing the '330 Patent since the time the '330 Patent was issued more than fifteen years ago.

Covey v. Morton Community Bank (In Re Sabol)

337 B.R. 195 · United States Bankruptcy Court, C.D. Illinois · Feb 6, 2006

Under the “Composite Document *199 Rule,” two or more documents in combination may qualify as a security agreement. … The steps required to be taken by secured parties to establish and protect their interests, having been reduced to a minimum, are simple and clearly laid out. In re Modafferi, 45 B.R. 370 (S.D.N.Y.1985).

In Re Hendricks

250 B.R. 415 · United States Bankruptcy Court, M.D. Florida · Mar 28, 2000

The parties clearly contemplated that the Judgment was a final resolution of the litigation and that M & H would assert no further claim for the underlying attorney fees other than in the event of a reversal or remand of … The totality of circumstances surrounding the Debtor’s actions in her Chapter 13 case are relevant in establishing good faith.

In Re Tampa Chain Co., Inc.

35 B.R. 568 · United States Bankruptcy Court, S.D. New York · Dec 2, 1983

Where the case cannot be fully decided on motion, the court “shall if practicable ascertain what material facts exist without substantial controversy” and deem the same established, Fed.R.Civ.P.Rule 56(d). … Since Tampa Chain clearly qualifies as a Chapter 7 debt- or, § 109(b), the question that remains is whether each of the Creditors qualifies as petitioning creditors under § 303(b).

In re MF Global Inc.

515 B.R. 434 · United States Bankruptcy Court, S.D. New York · Sep 4, 2014

The Customer Agreement clearly and unambiguously limits MFGI’s liability to its customers and does not create a cause of action based on Position Losses like those sought here. … The defendant in that case argued that it could be liable under that clause only for its intentional torts, and that it had immunity from all other claims. Id.

Miller v. U.S. Dept. of Education (In Re Miller)

254 B.R. 200 · United States Bankruptcy Court, N.D. Ohio · Sep 1, 2000

In fact, many facts presented in this case clearly point to the Debtor’s financial situation markedly improving in the future. … Accordingly, as each prong of the Brunner Test must be met, 2 the Debtor does not qualify for an undue hardship discharge of her student loan debt under 11 U.S.C. § 523 (a)(8).

In Re Wolline

74 B.R. 208 · United States Bankruptcy Court, E.D. Wisconsin · Apr 28, 1987

(“debtor”), qualifies as a “family farmer” within the meaning of Chapter 12 which was created as part of “The Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986” (P.L. 99-554, effective November … Because of his long-established method of doing business and, also, because he is neither a large entrepreneur with income from clearly non-agricultural sources nor a “gentlemen farmer,” he is a “family farmer” within the

In Re Tomczyk

295 B.R. 894 · United States Bankruptcy Court, D. Minnesota · Apr 2, 2003

The burden of establishing that funds are exempt rests upon the debtor. Minn.Stat. § 550.37, Subd. 14. … I find that such factors clearly indicate that the Earned Income Credit is relief based on financial need.

Homaidan v. SLM Corp. (In re Homaidan)

587 B.R. 428 · United States Bankruptcy Court, E.D. New York · Jul 25, 2018

to issue 1098-E tax forms to all customers with qualified education loans, and he never received a 1098-E tax form. … Tenn. 1989) (asserting that "[p]roceedings to determine the dischargeability of debts or in opposition to the debtor's discharge ... are clearly core proceedings."). In the Complaint, Mr.

Schreiber v. United States, Department of the Treasury Internal Revenue Service (In Re Schreiber)

163 B.R. 327 · United States Bankruptcy Court, N.D. Illinois · Jan 21, 1994

Such clauses are statutorily required for a plan to “qualify” under *334 ERISA. 5 In order for a corporation to obtain the federal tax benefits of providing a pension plan, the plan must “qualify” under ERISA. Ms. … Treasury Regulation § 1.401(a)-13(b)(2) provides that anti-alienation clauses are not effective to block tax judgments or tax levies. 6 If it applies, Plaintiffs point is clearly lost.

In Re Olson

424 B.R. 770 · United States Bankruptcy Court, E.D. Michigan · Mar 1, 2010

At the commencement of the present case, Debtor was clearly a co-owner of the annuity. … In the instant case, the nature of the annuity clearly renders it property of the estate. Debtor and her non-filing spouse are co-owners of the annuity.

Pongetti v. General Motors Acceptance Corp. (In re Locklin)

151 B.R. 384 · United States Bankruptcy Court, N.D. Mississippi · Jun 3, 1992

Pongetti is the appointed trustee, duly qualified and acting for the Estate of Larson C. Locklin. … The facts of this case clearly reveal an exception, pursuant to § 547(c)(3), to the trustee’s power to avoid a preferential transfer. The complaint will, therefore, be dismissed with prejudice. VII.

Anson v. Hopkins (In Re Anson)

9 B.R. 741 · United States Bankruptcy Court, W.D. Missouri · Jun 26, 1981

Thus, the state prosecution clearly could proceed without any conceivable interference in bankruptcy jurisdiction and administration.” … ‘(I)f it were otherwise, a creditor could easily render his claim immune from discharge in bankruptcy by the simple expedient of demanding checks from the debtor.’ Id. at 141 ...

Kriss v. United States of America (IRS)

United States Bankruptcy Court, D. New Hampshire · Oct 1, 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”).

In re Guerrero

540 B.R. 270 · United States Bankruptcy Court, S.D. Texas · Sep 9, 2015

The dictionary definitions of “follow” clearly support an understanding of “following” as either chronological or causal. … These three events are established into a relationship through the word “following.”

Chaffin v. Gladney (In re Chaffin)

276 B.R. 203 · United States Bankruptcy Court, S.D. Ohio · Nov 19, 2001

The plaintiff previously had identified himself as a witness and indicated he would testify regarding the work performed or not performed on his residence, the qualify of such work, and the payments he made. … Based on the evidence, the equities of this case clearly favor allowance of the defendant’s claim as a general unsecured claim.

In Re Novak

379 B.R. 908 · United States Bankruptcy Court, D. Nebraska · Dec 12, 2007

Clearly, that is an inequitable result. More importantly, it would allow a deduction of more than what is required to repay the loan as directed by § 1322(f). … It does not, by itself, establish the debtor’s plan payment nor the order in which claims will be paid.