Case law

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.

Matter of RAH Development Co., Inc.

184 B.R. 525 · United States Bankruptcy Court, W.D. Michigan · Jul 21, 1995

The right of Hitchcock to subrogation, therefore, would clearly entitle him, ..., to be substituted to the rights which the United States might have asserted against the fund. … Rather, it was based on the inability of laborers and materialmen to enforce a claim against the federal government because of sovereign immunity.

Schatzman v. Department of Health & Rehabilitative Services (In Re King Memorial Hospital, Inc.)

19 B.R. 885 · United States Bankruptcy Court, S.D. Florida. · Apr 30, 1982

The Plaintiff is duly qualified and acting in his capacity as Co-Trustee. 2. This is an Adversary Proceeding within the meaning of Bankruptcy Rule 701. 3. … The Findings of Fact hereinabove and the testimony of Art Forehand clearly indicate that continuous construction clearly proceeded from July 1, 1979, through July 31, 1979, when DHRS approved the schematic plans.

Wiebe v. Kansas Department of Labor (In re Wiebe)

485 B.R. 667 · United States Bankruptcy Court, D. Kansas · Jan 25, 2013

Kansas workers compensation law requires that qualifying employers maintain workers compensation insurance coverage with third-party carriers to fund the payment of claims of their employees who are injured on the job. 1 … employees recourse for injuries they incur on the job. 11 These laws displace the civil tort liability system for these workers and relieve them from the common-law master-servant doctrine that traditionally held employers immune

In Re Sanders

377 B.R. 836 · United States Bankruptcy Court, W.D. Texas · Oct 18, 2007

While this court does not deny that financing the negative equity was a crucial part of the transaction that brought both parties to the table, enabling a transaction to occur does not, of itself, establish a close nexus … How Does a Creditor Qualify for Protection Under § 1325(a)(*)?

In Re Oksentowicz

314 B.R. 638 · United States Bankruptcy Court, E.D. Michigan · Sep 23, 2004

The Marcano court found that “[ujnder these cases, where the state is so clearly ‘entwined’ with the tenant association that the tenant has a right to due process before being evicted, it would be anomalous to conclude that … The Court concludes that these factors establish significant entwinement with governmental policies, management and control, similar to that found in Marcano .

In Re Woodstone Ltd. Partnership

133 B.R. 678 · United States Bankruptcy Court, E.D. New York · Nov 8, 1991

Since the facts herein do hot meet the test established by the Supreme Court, the rule of estoppel established by D’Oench Duhme is not applicable. … The doctrine is part of Texas law and the factual elements a party must establish in order to prevail are clearly set forth in Texas’ case law. See “Moore” Burger Inc. v.

Beneficial National Bank v. Priestley (In Re Priestley)

201 B.R. 875 · United States Bankruptcy Court, D. Delaware · Jun 6, 1996

Beneficial had an established lending relationship with Priestley, having previously extended him a $100,-000 commercial mortgage and a $25,000 consumer line of credit. … Therefore, Priestley’s misrepresentation qualifies as a statement of financial condition.

In Re Vivian A. Skaife Irrevocable Trust Agreement 1

90 B.R. 325 · United States Bankruptcy Court, E.D. Tennessee · Sep 13, 1988

The object and purpose of the trust is clearly elicited from a review of Article II of the Trust Agreement: to provide assets for the “comfort and support” of the two children of Vivian A. Skaife and their spouses. … An examination of the trust documents is essential to a just determination of whether a trust qualifies as a business trust eligible for relief as a debtor under 11 U.S.C.A. § 109 (West 1979 and Supp.1988).

In Re Vincent J. Fasano, Inc.

55 B.R. 409 · United States Bankruptcy Court, N.D. New York · Jun 27, 1985

Therefore, as Fasano, Inc. clearly was not paying its debts, it is a proper and logical inference that Vincol and DJF were not paying their debts either. … Therefore, the Court finds Custom qualifies as a petitioning creditor.

In Re Petrocci

370 B.R. 489 · United States Bankruptcy Court, N.D. New York · Jun 20, 2007

, negative equity could not qualify as “value given to enable” the debtor to purchase the collateral, or as part of the “price” of the collateral, and so therefore could not qualify as part of a purchase money security interest … This is clearly a distinguishing factor.

Matter of Seven Springs Apartments, Phase II

33 B.R. 458 · United States Bankruptcy Court, N.D. Georgia · Jun 14, 1983

Clearly, no general bankruptcy jurisdiction to the District Court was continued after October 1, 1979, through former § 1334. … Rule 53(e)(2) provides that in non-jury actions, the court “shall accept the master’s findings of fact unless clearly erroneous.”

Springfield Hospital, Inc. v. Carranza, in her capacity as Administrator for the

United States Bankruptcy Court, D. Vermont · Jul 31, 2020

Further, the question of whether sovereign immunity precludes entry of an injunction against the Defendant on the Plaintiffs’ §525(a) claims is clearly a fundamental issue here, and there is no controlling Second Circuit … Although the Defendant cites the above four Supreme Court cases for the general propositions that only Congress can waive sovereign immunity and statutory waivers of sovereign immunity must be express and unequivocal (see

In Re Konzak

78 B.R. 990 · United States Bankruptcy Court, D. North Dakota · Sep 18, 1987

According to FLB’s officer, the best rate the Debtors would qualify for in 'the present circumstances is 12%. … Clearly, this is a dramatically different term than what is being proposed in the Debtors’ modified plan.

In Re Chong

16 B.R. 1 · United States Bankruptcy Court, D. Hawaii · Aug 7, 1980

Based on the foregoing, this court concludes, as a matter of law, that the claims of Hayashi, is not contingent and Hayashi qualifies as a petitioning creditor. 6. … There is no contingency as to the liability of Chong; the claims of Chun and Case have been reduced to judgment and liability has clearly been established. 9.

In Re F.R.P. Industries, Inc.

73 B.R. 309 · United States Bankruptcy Court, N.D. Florida · Mar 24, 1987

The petitioners thereby attempted to establish that whether in the name of Baha or F.R.P., the outstanding obligations were nonetheless those of the debtor. … This type of activity is clearly not within the legislative intent of the Bankruptcy Code and constitutes an abuse of the bankruptcy court’s jurisdiction. See, U.S. Fidelity & Guaranty Co. v. D.J.F.

In Re Bradley

222 B.R. 313 · United States Bankruptcy Court, M.D. Tennessee · Jul 16, 1998

‘in the hands of the debtor,’ ” —which qualify the estate “to use the § 121[ ] exclusion.” … The statute provided that a distribution "from an [IRA] ... to the individual for whose benefit such account or annuity was established ... before such individual attains age 59j4” triggered an extra tax or early withdrawal

Verner v. Verner (In Re Verner)

318 B.R. 778 · United States Bankruptcy Court, W.D. Pennsylvania · Jan 6, 2005

Included among such marital property are the Pension Plans, which pensions the parties stipulate are “ERISA-qualified plans” that are excluded from the Debtor’s bankruptcy estate pursuant to 11 U.S.C. § 541 (c)(2). … The Court so rules because (a) ERISA only protects an ex-spouse upon divorce vis-a-vis a pension plan interest of the other ex-spouse if the first ex-spouse has obtained a qualified domestic relations order (hereafter “QDRO

Sovereign Bank, F.S.B. v. Finnegan (In Re Finnegan)

358 B.R. 644 · United States Bankruptcy Court, M.D. Pennsylvania · Nov 30, 2006

Section 506(a)(2) clearly provides that the date the petition is filed is the point at which a court should set the value of a secured *649 claim. … court will examine the evidence offered by the parties to establish the value of the vehicle.

In Re Beverage Enterprises, Inc.

225 B.R. 111 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 29, 1998

Next, the Debtor argues that the Union’s claim does not qualify as a § 503(b)(1)(A) administrative expense because WARN Act “back pay” liability is not based on services rendered. … Severance pay in this category is granted priority as an administrative expense only to the extent that it is earned during the period of time the employer is in bankruptcy. *116 It is therefore clearly established by the