Case law

In re McDonald

486 B.R. 843 · United States Bankruptcy Court, S.D. Texas · Feb 22, 2013

The parties do not dispute that the Debtor established the Real Property as her homestead. 1. The Debtor’s absence from her homestead is only temporary. … Here, the Trustee argues that the Debtor's intent to return to the homestead is qualified because the Debtor intends to live wherever she can find a job. [Tape Recording, 02/11/2013 *847 Hearing at 2:46:15-36 p.m.].

Baker v. Smith (In Re Smith)

270 B.R. 696 · United States Bankruptcy Court, N.D. Ohio · Dec 18, 2001

Under the plain reading of the statute, the phrase “while acting in a fiduciary capacity” clearly qualifies the phrase “fraud or defalcation,” and not “embezzlement” or “larceny,” so that debts resulting from embezzlement … The Sixth Circuit also established that the attorney-client relationship, with *701 out more, is insufficient to establish- the necessary fiduciary relationship for defalcation under § 523(a)(4). R.E. America, Inc. v.

In Re Wilson

9 B.R. 723 · United States Bankruptcy Court, E.D. New York · Feb 27, 1981

Failure to qualify within the definitive parameters of Section 109(e) constitutes sufficient cause for the dismissal or conversion of a case pursuant to Section 1307(c). … Thus, the debtor concludes that in point of fact his noncon-tingent, liquidated, unsecured claims total in the aggregate to the sum of $31,310.53, well within the statutory debt ceiling established by Section 109(e).

Wolinsky v. Central Vermont Teachers Credit Union (In Re Ford)

98 B.R. 669 · United States Bankruptcy Court, D. Vermont · Mar 31, 1989

Any new value that the creditor advances must be unsecured in order for it to qualify under this exception. Id., H.R.Rep. … The trend shows post-petition subsequent advances will not qualify for the “new value” exception under § 547(c)(4).

Official Committee of Unsecured Creditors v. Transpacific Corp. (In Re Commodore International, Ltd.)

242 B.R. 243 · United States Bankruptcy Court, S.D. New York · Dec 15, 1999

The Committee has failed to aver facts that, if credited, would establish our jurisdiction over TPC pursuant to CPLR § 301. … To qualify for jurisdiction under this subsection, TPC’s act must have occurred while it, or its agent, was in the state. See Bank Brussels Lambert v.

Tri-State Homes, Inc. v. Mears (In Re Tri-State Homes, Inc.)

56 B.R. 24 · United States Bankruptcy Court, W.D. Wisconsin · Oct 30, 1985

Those cost items clearly come within the term “court costs and expenses” contained in the promissory note. … In another case the court concluded that the amount of contractual attorney’s fees due an unsecured claimant must be determined within the guidelines established in Johnson v.

Shearson Lehman Hutton Mortgage Corp. v. Gierman (In Re Gierman)

106 B.R. 733 · United States Bankruptcy Court, M.D. Florida · Oct 24, 1989

While Helgenber-ger initially protested that he could not qualify for financing, McNeely and Randall assured him that he does not have to worry about it because they would arrange the financing for this transaction. … Colwell, 193 U.S. 473 , 24 S.Ct. 505 , 48 L.Ed. 754 , 11 Am.Bankr.Rep. 568 (1904), has been overruled by this section and the Congress clearly intended to cover only deliberate and intentional wrongful acts which involves

In Re Robertson

84 B.R. 109 · United States Bankruptcy Court, S.D. Ohio · Mar 4, 1988

First, John Deere contends that the debtor does not qualify as a debtor under 11 U.S.C. § 109 . … The evidence and testimony clearly indicate that the debtor’s intent when he purchased the equipment was to use that equipment in the partnership.

In re Azevedo

485 B.R. 596 · United States Bankruptcy Court, D. Idaho · Jan 22, 2013

Onaindia did not sufficiently establish that Debtor’s feed payment practices as to Creditor fell within those common in the dairy industry. … Clearly, feed is a required supply for the operation of a dairy.

In Re Medical Associates of Pinellas, L.L.C.

33 A.L.R. Fed. 2d 769 · United States Bankruptcy Court, M.D. Florida · Jan 3, 2007

The Court concludes that subsection (A) of the definition of health care business in section 101(27A) requires the existence of the following four elements in order for a debtor to qualify as a “health care business”: 1. … Each of the examples included in subparagraph (B) of section 101(27A) describes businesses where patients reside, receive emergency ambulatory or surgical treatment, or receive in-home or inpatient care, and clearly includes

Roy v. Edgar

11 B.R. 853 · United States Bankruptcy Court, N.D. Florida · Jun 10, 1981

He continues to receive these income distributions annually as directed by the terms of his grandfather’s will establishing the trust. … The incident property right of alienation of such interest, was not, however, vested in him inasmuch as his right to receive the income was qualified and restricted by the spendthrift provisions created by the will establishing

Fischer Construction, LLC v. Ecker (In Re Ecker)

400 B.R. 669 · United States Bankruptcy Court, E.D. Wisconsin · Jan 27, 2009

Because the facts do not clearly show when the subject projects were visibly commenced, the Court cannot find, as a matter of law, that the claim of Team Fischer is nondischargeable. … The plaintiff, Team Fischer, qualifies as a beneficiary under the older version of Wis.

Bannistor v. Colotone, Inc. (In Re Charter Graphic Services, Inc.)

230 B.R. 759 · United States Bankruptcy Court, N.D. Texas · May 6, 1998

Rather, the investments had to be made through qualified investment corporations. … The employer must notify the plan administrator of certain qualifying events, including termination of hours, within 30 days of the date of the qualifying event. 29 U.S.C. § 1166 (a)(2).

Kellogg-Citizens National Bank of Green Bay v. DeBruin (In Re DeBruin)

144 B.R. 90 · United States Bankruptcy Court, E.D. Wisconsin · May 1, 1992

It must be inferred from the debtor’s course of conduct and is established through badges of fraud, including some or all of the following: 1. Lack or inadequacy of consideration for the property transferred; 2. … DeBruin was clearly more involved in this scheme than was his wife, Mary DeBruin. Nevertheless, from the testimony presented, Mrs. DeBruin was not oblivious to what was happening.

Jean Vázquez Morales, Madeline Delgado Maldonado, and The Conjugal Partnership Constituted Between Them v. Puerto Rico Treasury Department, through its Secretary, Melba Acosta Febo, and Secretary of Justice, César Miranda Rodríguez; Commonwealth of Puerto Rico

United States Bankruptcy Court, D. Puerto Rico · Apr 9, 2015

Emotional damages qualify as “actual 3 damages” under Section 362(h). Fleet Mortgage Grp., Inc. v. … As mentioned supra, Defendant has waived it sovereign immunity, however “punitive damages are expressly excepted from the waiver o 5 sovereign immunity.” Id. (citing 11 U.S.C. § 106(a)(3)).

Dufrayne v. FTB Mortgage Services, Inc. (In Re Dufrayne)

194 B.R. 354 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 4, 1996

Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1384-85 (3d Cir.1994), would support a finding that FTB does not qualify under the secured lender exception, for if FTB does qualify for the exemption, it can not be held *364 … Clearly, some investment motive is present in all mortgage financing transactions.

Schafer v. Las Vegas Hilton (In Re Video Depot, Ltd.)

186 B.R. 126 · United States Bankruptcy Court, W.D. Washington · Aug 29, 1995

Second, the minimum level of control necessary to qualify as initial transferee is the right to put the money to one’s own purpose. … Clearly the debtor and Airbrush were not conduits, because the debtor had full control over the funds.

Cervac v. Littman (In re Littman)

517 B.R. 847 · United States Bankruptcy Court, N.D. Illinois · Sep 11, 2014

As such, it cannot qualify as a summary when what it summarizes is inadmissible. United States v. … In order to succeed on a Civil Rule 59(e) motion, a party bears the burden of clearly establishing a manifest error of law or newly discovered evidence. LB Credit Corp. v.

Ficken v. Internal Revenue Service (In Re Ficken)

430 B.R. 648 · United States Bankruptcy Court, D. Colorado · Jul 30, 2009

However, even though a separate taxable entity was not established, this does not necessarily prelude the tax “expense” from falling under § 503(b)(1)(B)®. … The marginal method requires the taxpayer to calculate a tax return for all income and a “pro forma” tax return removing all qualifying income so that the non-qualifying income would be taxed at lower marginal rates.

Combustion Federal Credit Union v. Barron (In Re Barron)

85 B.R. 603 · United States Bankruptcy Court, N.D. Alabama · Mar 9, 1988

The evidence presented at the trial was insufficient to establish concealment by either debtor of the jewelry, hobbyshop equipment, or moneys from the sale of real estate. The evidence did show that Mr. … of the Social Security Act, 42 U.S.C. § 407 , the debtors were not required to claim the benefits as exempt property of the estate and were not required to turn over the property to the trustee because said benefits were immune