Case law

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

Murray v. Louisiana State University Foundation (In Re Zohdi)

234 B.R. 371 · United States Bankruptcy Court, M.D. Louisiana · Jun 7, 1999

In fact, the picking of an amount or time limitation, for purposes of establishing eligibility, avoidability, existence of claim, nondischargeability, fixing of punishment, etc. is, not arbitrary, because such limitations … We mention the distinguishing usage of the plural "contributions” in the reference to the "practices” of the debtor with full recognition that § 102(7) of the Code establishes as a rule of construction that "the singular

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)).

Citibank (S. Dakota), N.A. v. Harris (In Re Harris)

203 B.R. 117 · United States Bankruptcy Court, N.D. Illinois · Dec 11, 1996

In this case, the Debtor clearly made statements in writing respecting his financial condition that were materially false. … It was never established whether the Debtor and his spouse separated before or after the Debtor received the loan.

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.

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.

First American Health Care of Georgia, Inc. v. United States Department of Health & Human Services Ex Rel. Shalala (In Re First American Health Care of Georgia, Inc.)

208 B.R. 985 · United States Bankruptcy Court, S.D. Georgia · Feb 23, 1996

The “entire account reconciliation process established by the Medicare Act and Regulations work on an annual basis.” Id. … Some of these patients live in such rural areas as to have no alternative qualified home care provider which could provide the services currently provided by the Debtors.

In Re Thompson

350 B.R. 842 · United States Bankruptcy Court, E.D. Wisconsin · Sep 22, 2006

A cursory comparison of the Debtors’ canceled checks to the alleged NSF payment application dates establishes that Litton’s recitation of the number of NSF payments is erroneous. … This notice clearly violated the automatic stay, and is further evidence of Litton’s sloppy practices in its treatment of the Debtors’ account.

Maiona v. Vassilowitch (In Re Vassilowitch)

72 B.R. 803 · United States Bankruptcy Court, D. Massachusetts · Apr 21, 1987

With respect to the purchase option contained in the September 3, 1985 Memorandum of Decision, the evidence presented at trial clearly established that Mrs. Vassilow-itch did not exercise the option by April 1, 1986. … Vas-silowitch failed to establish that she tendered her former husband $10,000 by that later date.

In Re Clark

138 B.R. 579 · United States Bankruptcy Court, E.D. Arkansas · Dec 17, 1991

Exhibit three does state clearly that the 1984 tax return was received in “Secondary Sort” on May 23, 1990. … The debtors have failed to establish any proof of a postmark.

Rose ex rel. Estate of Lee v. Davis (In re Davis)

476 B.R. 191 · United States Bankruptcy Court, W.D. Pennsylvania · Aug 2, 2012

“Constructive and ex maleficio trusts do not qualify.” Id. … expressly signified her intention at the outset of the transaction or must have been clearly put on notice by some document in existence at the outset that she was undertaking the special responsibilities of a trustee to

In Re Duval Manor Associates

191 B.R. 622 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 30, 1996

Established principals of construction likewise militate against adopting such a statutory interpretation. … An increase of this magnitude is clearly not a fanciful notion if the 17 top floor units are rendered usable.

Singer v. Singer (In Re Singer)

18 B.R. 782 · United States Bankruptcy Court, S.D. Ohio · Feb 12, 1982

She was fully qualified, given the attainment of the statutory minimum age, for receipt of Social Security benefits by virtue of her previous employment. … It is clear that Lethia Singer would have merited some award of alimony by virtue of her relatively low earning capacity, her age and health, and perhaps the living standard established by the parties during the marriage.

Derrick C. White-Childs

United States Bankruptcy Court, N.D. Ohio · Jul 6, 2026

Judicial Immunity “It is well-established that judges enjoy judicial immunity from suits arising out of the performance of their judicial functions.” Brookings v. … Rather, “a judge acts in the clear absence of all jurisdiction ‘only when the matter upon which he acts is clearly outside the subject matter of the court over which he presides.’”

Hamilton v. Washington Mutual Bank, FA (In Re Colon)

376 B.R. 22 · United States Bankruptcy Court, D. Kansas · Jan 26, 2007

The Court has already ruled that the Chapter 13 Trustee qualifies as a BFP under § 544(a)(3), 12 and can avoid any lien a BFP could avoid. … Even if there was evidence of such actual notice, § 544(a) immunizes the trustee from such actual notice.

Marshack v. Gallo Builders, Inc.

United States Bankruptcy Court, C.D. California · May 7, 2024

Section 106 as clearly waiving the 9 Government’s sovereign immunity as it relates to Section 105 of the Bankruptcy Code.9 10 Notably, Section 106 also removes the right of sovereign immunity from many other 11 sections … Those findings may not be set aside unless they are clearly erroneous.

AU Pharmaceuticals, Inc. v. Whitner (In Re Whitner)

179 B.R. 699 · United States Bankruptcy Court, E.D. Oklahoma · Mar 27, 1995

Further, the Grogan court pronounced that the creditor need only prove by a preponderance of the evidence that the debt qualifies for the exception to discharge. … In doing so, the bankruptcy court found that the state court findings established a “willful and malicious” injury. Id.

Billing Systems, Inc. v. Nee (In Re Nee)

50 B.R. 268 · United States Bankruptcy Court, D. Massachusetts · Jun 21, 1985

The phrase “while acting in a fiduciary capacity” qualifies the words “fraud or defalcation” and not “embezzlement or larceny.” In re Graziano, 35 B.R. 589 (Bankr.D.N.Y.1983); L. … In the present case, the nondis-chargeability of Nee’s obligation to Billing Systems was clearly established as it arose out of his larceny or embezzlement of funds from the plaintiff.

In Re Turner

147 B.R. 989 · United States Bankruptcy Court, D. Wyoming · Oct 6, 1992

Reeves, a qualified and independent valuation expert, established by his testimony that in valuing the Sellers’ assets in 1985 based upon earning capacity, a sale price of between $4,726,000 and $8,000,000 would have been … Based upon all of the evidence, debtors have clearly established that no *995 value should be assigned to the Consulting and Noncompete Agreement or to the Mutual Release and Indemnification for tax reporting purposes, and

EPIC Aviation, LLC v. Phillips (In Re Phillips)

418 B.R. 445 · United States Bankruptcy Court, M.D. Florida · Aug 10, 2009

However, $23,500 in payments to attorneys qualifies as a transfer outside the ordinary course of business, in an amount that is clearly material. The Debtor’s business was the charter air business, not litigation. … This statement was clearly false and material. The Plaintiff has established that there are several material omissions in the *464 Debtor’s schedules and statements.