Case law

Tiffany v. Dziedzic (In Re Dziedzic)

452 B.R. 361 · United States Bankruptcy Court, W.D. New York · Jul 15, 2011

Specifically, the plaintiffs assert three reasons why these other distributees do not qualify as trust fund beneficiaries. … The court in Rosen held that because dischargeability is a matter of federal law, “the interest rate in this proceeding clearly should be governed by federal law.” 232 B.R. at 298 .

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

AHN Homecare, L.L.C. v. Home Health Reimbursement & Health Care Financing Administration (In re AHN Homecare, L.L.C.)

222 B.R. 804 · United States Bankruptcy Court, N.D. Texas · Jun 10, 1998

Aetna Life & Casualty, 903 F.2d 480 , 489 (7th Cir.1990), stated: In this section Congress clearly expressed its intent not to alter the substantive scope of section 405(h). … Further, the entire account reconciliation process established by the Medicare Act and regulations works on an annual basis. Id.

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.

In Re USA Capital, LLC

251 B.R. 883 · United States Bankruptcy Court, D. Colorado · Aug 10, 2000

The Code and Rules, in fact, are structured to ameliorate problems creditors may face in contested trustee elections by establishing a specific procedure by which trustee disputes can be addressed with dispatch. Ms. … This Court finds that every voting claimant holds claims which are — based on the record, documents filed with the Court and the exhibits presented — clearly not liquidated and fixed claims; they are disputed claims.

In Re Hofstee

88 B.R. 308 · United States Bankruptcy Court, E.D. Washington · Aug 3, 1988

Furthermore, the obtaining of the funds also rests upon the slaughter of the herd (which is clearly property of the estate) and not using the real estate or dairy barn (again clearly property of the estate). … Such amount, if established, has obviously been at the expense of the debtors’ right to a “fresh *314 start” under the equitable principles of bankruptcy law.

In Re Butcher

32 B.R. 572 · United States Bankruptcy Court, E.D. Tennessee · Aug 22, 1983

Clearly, the FDIC is but one decision making unit .... [Allowing the FDIC to join as two petitioning entities would be contrary to the purposes behind the three creditor rule. … The proof adduced at trial also establishes that the debtor is indebted to FDIC in its corporate capacity in an amount in excess of $5,000.00, not secured by liens against the debtor’s property, based on claims formerly held

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 Burke

147 B.R. 955 · United States Bankruptcy Court, W.D. Missouri · Dec 11, 1992

Under the Eighth Circuit standard, such behavior qualifies as willful and subjects the creditor to liability for damages. As to Mr. … Such judgment is a public record which clearly provides evidence of Trustee’s interest in *959 the property and which should have been discovered by a competent title search.

In Re Guikema

329 B.R. 607 · United States Bankruptcy Court, S.D. Ohio · Apr 14, 2005

(iii) The plan or contract is not qualified under the “Internal Revenue Code of 1986,” 100 Stat.2085, 26 U.S.C. 1, as amended. Ohio Rev.Code Ann. § 2329.66(A)(10)(b) (emphasis added). … Plumb, Jr., The Recommendations of the Commission on the Bankruptcy Laws — Exempt and Immune Property, 61 Va.

Rechnitzer v. Boyd (In Re Executive Growth Investments, Inc.)

40 B.R. 417 · United States Bankruptcy Court, C.D. California · May 23, 1984

The A & W note clearly qualifies as an “instrument” under this definition. Cf. Cal.Civ.Proc.Code §§ 481.117 and 680.220 (West 1983). … The drafters of the UCC clearly sought to break the nexus between ownership and risk of loss. See N. Y.

In re Winter

90 B.R. 516 · United States Bankruptcy Court, M.D. Florida · Sep 2, 1988

reversed the District Court and concluded that the record failed to sustain the proposition that the Monson’s effectively abandoned the homestead as they always had the intention and desire to move back to the home and re-establish … While it is true that for a short time his wife also joined him in Palmetto, the property in Palmetto is not owned by him as far as it appears from this record, but by his parents, thus he clearly cannot claim the same as

Price v. Harris (In Re Harris)

155 B.R. 948 · United States Bankruptcy Court, E.D. Virginia · Jun 4, 1993

Thus, the evidence actually establishes only possible detriment to Mrs. Harris. … Vassilowitch, although clearly she and her children will suffer substantial hardship if she is unable to purchase the property from the Trustee, cf. 11 U.S.C. § 363 (i), and she is forced to move.

Kassicieh v. Battisti (In Re Kassicieh)

425 B.R. 467 · United States Bankruptcy Court, S.D. Ohio · Apr 2, 2010

Instead, the court determined that § 101(14A)(A) more clearly identifies who can be a payee for purposes of a domestic support obligation and “[t]he requirement of that paragraph that an obligation be ‘owed to or recoverable … The Gentilini court reasoned: This Court concludes that both elements of the statute must be established to except a debt from discharge under § 523(a)(5).

Matter of American Ship Bldg. Co., Inc.

39 Cont. Cas. Fed. 76,632 · United States Bankruptcy Court, M.D. Florida · Feb 22, 1994

Clearly, this was another situation where the United States Government sought the jurisdiction of the bankruptcy court by filing an action there. … Such similar relinquishment of either the sovereign immunity of the United States or the waiver of the jurisdiction under the Contract Disputes Act or other laws arises where the government brings its claim or dispute to

Matter of Tsunis

29 B.R. 527 · United States Bankruptcy Court, E.D. New York · Apr 6, 1983

Neway was not qualified as a real estate appraiser, he has had considerable experience with sales and purchases of the interest of a tenant by the entirety at sheriff’s sales. … The statute requires the establishment of four criteria before the involved relief can be granted.

Costa v. Welch (In Re Costa)

172 B.R. 954 · United States Bankruptcy Court, E.D. California · Sep 14, 1994

The debt is not alleged to qualify for nondis-chargeability under section 523(a)(2), (4), or (6). 8 . No-asset cases sometimes do have bar dates set. … Each decision focused on sovereign immunity because that was the issue the government raised. Neither indicated that contempt analysis was being applied.

Halbert v. Dimas (In re Halbert)

576 B.R. 586 · United States Bankruptcy Court, N.D. Illinois · Nov 16, 2017

The debt must further be established or created by any number of orders, decrees, or agreements incident to any number of family court proceedings or by “a determination made in accordance with applicable nonbankruptcy law … Holding that the debt was non-dischargeable under § 523(a)(5), the court emphasized that “Congress clearly intended to broaden the types of debts that are not subject to discharge.” Schauer, 391 B.R. at 434.

MBA, Inc. v. VNU Amvest, Inc. (In Re MBA, Inc.)

51 B.R. 966 · United States Bankruptcy Court, E.D. Virginia · Aug 19, 1985

Moreover, Amvest acquired a highly-qualified employee with minimal effort. … Amvest obtained a highly-qualified employee without expense or significant expenditure of time.

In Re Vandynhoven

460 B.R. 214 · United States Bankruptcy Court, E.D. Wisconsin · Nov 3, 2011

M.D.Fla.2006) (chapter 7 debtor qualified as "responsible person" and willfully failed to see that trust fund taxes were paid; resulting obligation of debtor was nondischargeable); cf. Noronha v. … in White with respect to the corporate employment taxes at issue, nor, the court noted, was such individual liability possible, because the corporate employment taxes had been paid in full: The fact that [the debtor's] `immunity