Case law

First Westside National Bank of Great Falls v. Voeller (In Re Voeller)

14 B.R. 857 · United States Bankruptcy Court, D. Montana · Aug 12, 1981

She did very well *859 in her business, was well qualified and was generally considered a “top producer”. … The reluctance I have had in reaching this conclusion is my finding that there was clearly heavy reliance upon the security given.

In Re Bigler, LP

443 B.R. 101 · United States Bankruptcy Court, S.D. Texas · Dec 15, 2010

Reneging on clearly established and properly conducted procedures in order to generate some additional dollars for the estate undermines the integrity of the judicial process; indeed, it can undermine the integrity and reputations … A court order reopening the auction process when procedures were clearly established, when the auction was conducted without fraud or collusion and in compliance with the procedures, and when an adequate bid was accepted,

NPF X, Inc. v. Shubert (In Re Nuclear Imaging Systems, Inc.)

277 B.R. 59 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 6, 2002

Moreover, of these two tests, the requirement of “transactional relatedness” is more difficult to establish than the requirement of a common question. … Nonetheless, the court concluded that the joinder requirements of Rule 7020 were not established. 4 .

Miami Valley Production Credit Ass'n v. Tegtmeyer (In Re Tegtmeyer)

31 B.R. 555 · United States Bankruptcy Court, S.D. Ohio · Jul 21, 1983

Having satisfied all of these criteria the Tegtmeyer Brothers fail to qualify for Chapter 13 relief under the Federal Bankruptcy Code.” The facts demonstrate clearly that some form of partnership does exist. … A qualified debtor in Chapter 13 is not precluded from subjecting his interest in partnership (or other jointly owned) assets to the benefit of all creditors.

Northern Acres, Inc. v. Hillman State Bank (In Re Northern Acres, Inc.)

52 B.R. 641 · United States Bankruptcy Court, E.D. Michigan · Aug 26, 1985

We think it does establish a point at which the trustee’s rights are to be measured. … However, we are unable to determine from the pleadings or exhibits on file whether the bank has established the right to relief under § 362(d)(1) or (d)(2).

In Re Bicoastal Corp.

37 Cont. Cas. Fed. 76,074 · United States Bankruptcy Court, M.D. Florida · Jan 23, 1991

Clearly, the principles which govern the use of Fed.R.Civ.P. 56 are equally applicable if motions for summary judgment are filed in a bankruptcy court, either in an adversary proceeding or in a contested matter. … Section 412 of CAS establishes the standard for the composition and measurement of accounting cost.

In Re Spisak

30 A.L.R. Fed. 2d 791 · United States Bankruptcy Court, D. Vermont · Jan 12, 2007

If the Court finds that the application and schedules clearly establish the debtor’s eligibility for a waiver, the Court will grant it, subject to the right of a party in interest to file a motion seeking revocation of the … waiver based upon facts indicating that the fee waiver was not warranted. 2 If, by contrast, the application and schedules do not clearly establish the debtor’s eligibility for a waiver, the Court will either deny the application

Bowling Green Livestock Market, Inc. v. Young (In Re Clark)

206 B.R. 439 · United States Bankruptcy Court, W.D. Kentucky · Aug 29, 1996

The sale transaction between Young and Clark was clearly a “credit transaction.” … Based on Young’s testimony with regard to the circumstances surrounding the parties’ contract, Young clearly intended to transfer title to the cattle to Clark at the time of delivery.

In Re GCO Services, LLC

324 B.R. 459 · United States Bankruptcy Court, S.D. New York · May 5, 2005

Pension Plan’s pending litigation, stating that “in the event a judgment is recovered against them, [they] would possess a claim against Gruntal [the Debt- or’s former name] based on Gruntal’s breach of fiduciary duties established … matters would use in the conduct of an enterprise of a like character and with like aims; (C) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly

In re Maura

491 B.R. 493 · United States Bankruptcy Court, E.D. Michigan · Apr 19, 2013

The UST presented detailed, uncontradicted testimony from their expert witness, Paul Smith, which demonstrated that the Dear-born Public Schools, which Debtors’ children could attend tuition-free, are clearly a reasonable … First, the evidence established that for all aspects of the Debtors’ childrens’ education except the religious aspect, sending the children to the Dearborn Public Schools is clearly a reasonable alternative to the Catholic

Matter of Haffner

25 B.R. 882 · United States Bankruptcy Court, N.D. Indiana · Dec 16, 1982

Further, the evidence established that the debtors owed $4,800 in bin payments. … Clearly the enforcement of the “setoff” requirement is an attempt to collect a pre-petition debt.

Johnson v. Richardson (In Re Richardson)

47 B.R. 113 · United States Bankruptcy Court, W.D. Wisconsin · Feb 14, 1985

The tractor must also qualify as a tool of the Richardsons’ trade. … Courts vary on how substantial the degree of change must be to establish that a novation has taken place.

In Re Kidwell

158 B.R. 203 · United States Bankruptcy Court, E.D. California · Aug 25, 1993

the petition; second, that more than eleven creditors qualify. b. … But where fraud is affirmatively established, the courts, as suggested, should not permit intervention. Thus, in Myron M. Navison Shoe Co., Inc. v.

In Re Petters Co., Inc.

425 B.R. 534 · United States Bankruptcy Court, D. Minnesota · Mar 10, 2010

A creditor would “qualify” to vote under § 702(a), i.e., establish a status as claimant with the qualities specified in the statute. … The establishment of such a deadline would have had a salutary function in the election process, particularly for establishing qualification and entitlement to vote. 19 The filing of tort-based *550 claims against PGW based

In re Christensen

561 B.R. 195 · United States Bankruptcy Court, D. Utah · Dec 14, 2016

Property that is properly exempted under § 522 is (with some exceptions) immunized against liability for prebank-ruptcy debts. § 522(c). … No property can be exempted (and thereby immunized), however, unless it first falls within the bankruptcy estate.

In Re George

426 B.R. 895 · United States Bankruptcy Court, M.D. Florida · Apr 1, 2010

No. 26) to NCB’s claim contending that the claim was secured by the Property and, therefore, did not qualify as an unsecured claim. … NCB had the opportunity to establish it was or was not secured, but NCB failed to timely act.

Butler v. Becton, Dickenson & Co. (In Re Loomer)

198 B.R. 755 · United States Bankruptcy Court, D. Nebraska · Jul 8, 1996

But, Congress has considered the policy question and the statutory provisions of ERISA clearly override common law principles which deny enforcement of such self-settled spendthrift trusts. … “Once the plan is determined to be ERISA-qualified, the inquiry is finished.” In *763 re Baker, 195 B.R. at 391 .

In Re Craig

265 B.R. 624 · United States Bankruptcy Court, M.D. Florida · Aug 15, 2001

However, a trustee and a beneficiary need not follow the strict attorney trust account procedures in order to establish a set of cognizable legal and equitable interests and rights in each other. 2. … That protection will help to ensure the continued existence of a qualified and experienced pool of Chapter 11 debtor’s attorneys. c.

Ciprian Ltd. v. Oxford Development Co. Grant Street L.P. (In re Ciprian Ltd.)

473 B.R. 669 · United States Bankruptcy Court, W.D. Pennsylvania · Jun 21, 2012

As a liquor license is clearly not a fixture, the question becomes whether it constitutes “personal property.” … Of the requisite elements to establish a preferential transfer pursuant to 11 U.S.C. § 547 , the Plaintiff did not establish that the execution lien was a “transfer of an interest of the debtor in property (5) that enables

In Re Ripp

176 B.R. 972 · United States Bankruptcy Court, M.D. Florida · Dec 1, 1994

It is well established that it is the objecting party’s burden to prove, by a preponderance of the evidence, that the Debtor is not entitled to the exemption claimed. … The case of In re Drake is clearly distinguishable from the facts in this case. The case of In re Dudeney, 159 B.R. 1003 (Bankr.S.D.Fla.1993), is on point and persuasive.