Case law

In Re Hunter

261 B.R. 789 · United States Bankruptcy Court, M.D. Florida · Apr 19, 2001

Thus, whether or not the Trust is qualified as a Spendthrift Trust must be determined with reference to the applicable law of the State of Missouri. Spindle v. … The significance of this change in concept clearly indicates that the reliance of the Debtor on the case of In re Edgar, supra, is misplaced.

In Re Caucus Distributors, Inc.

106 B.R. 890 · United States Bankruptcy Court, E.D. Virginia · Oct 25, 1989

At the outset, we find the instant situation clearly inapposite. … Section 95 shows that it was contemplated by the Congress that a single qualified petitioning creditor might reasonably be mistaken in an averment that there were less than twelve creditors in order to qualify such petitioner

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.

Bicoastal Corp. v. Northern Trust Co. (In Re Bicoastal Corp.)

146 B.R. 486 · United States Bankruptcy Court, M.D. Florida · Sep 1, 1992

It is without dispute that both The Singer Plan and the Loral Plan are “employee pension benefit plans” under the provisions of ERISA, subject to the fiduciary and other requirements of ERISA, and are intended to qualify … They would simply make sure that they could terminate the pension plans to recapture their assets, a result that clearly does not benefit employees. Id. at 1345.

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.

In re Brown

547 B.R. 846 · United States Bankruptcy Court, S.D. California · Mar 18, 2016

of circuit law,” all courts within this Circuit must follow Ninth Circuit authority unless the Supreme Court has “undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly … Because Law was the controlling law the entire time the conversion issue was pending, Brown cannot establish a change in the law.

Marill Security Services, Inc. v. Open Door Capital Corp. (In Re Marill Alarm Systems, Inc.)

68 B.R. 399 · United States Bankruptcy Court, S.D. Florida. · Dec 30, 1986

The Plaintiffs have met their burden of proof in establishing the pattern of activities engaged in by the Defendants herein to constitute a violation of the Florida RICO Statute. … The Defendants qualify as an enterprise also within the meaning of that Statute.

In re Zine

521 B.R. 31 · United States Bankruptcy Court, D. Massachusetts · Oct 22, 2014

Notwithstanding these difficulties, the Affidavit and documents attached to thereto, the authenticity of which Bayview has not contested, in conjunction with the Court’s own records, 2 clearly establish that Bayview violated … Third, reporting a balance due *37 and past due was clearly misleading because it was not a current obligation.

In re Elowitz

550 B.R. 603 · United States Bankruptcy Court, S.D. Florida. · May 17, 2016

This stipulated statement was not qualified in any way. … Stat. § 671.201 (21). 12 It is well-established that “[a] plaintiff who is not the original lender may establish standing to foreclose a' mortgage loan by submitting a note with a blank or special endorsement, an assignment

Reed v. Reed (In Re Reed)

31 B.R. 116 · United States Bankruptcy Court, D. Connecticut · Jul 6, 1983

attachment to plaintiffs “Memorandum Re: Issues Collaterally Estopped From Being Reargued and Relitigated” lists the following: [1] Married 7/23/60 [2] 3 Minors [3] Marriage broken down irretrievably [4] Reasons: “Evidence clearly … Kramer, 289 F.2d 909, 916-18 (2d Cir.1961) and otherwise qualified, Winters v. Lavine, 574 F.2d 46 , 57 n. 12 (2d Cir.1978), it still appears valid in this circuit. Id.

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

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.

In Re Mitchell

379 B.R. 131 · United States Bankruptcy Court, M.D. Tennessee · Nov 13, 2007

The court may not infer from that limitation the nature of the proper rule in consumer-goods transactions and may continue to apply established approaches. 7 . … Clearly, the expenses the drafters had in mind were essentially transaction costs; not every expense that makes a transaction possible should be considered an enabling expense.

Green v. Green (In Re Green)

352 B.R. 771 · United States Bankruptcy Court, W.D. Louisiana · Sep 30, 2005

the state court found that the Debtor owed the Plaintiff the sum of $27,401.54 through December 31, 2003, in retirement benefits and further indicated that the parties should partition the retirement benefits through a Qualified … The court finds that the debt clearly arises from the divorce and subsequent separation of property between the parties.

In Re Butcher

100 B.R. 363 · United States Bankruptcy Court, E.D. Tennessee · May 25, 1989

The difficulties inherent in the factual analysis required under Com Products was clearly enunciated by the W.W. … Shirley must establish four requirements to qualify as an “innocent spouse” under I.R.C. § 6013(e): (1) The tax return in question must be a joint return; (2) the return must contain substantial understatements attributable

Cabarrus County v. Boyd (In re Boyd)

525 B.R. 299 · United States Bankruptcy Court, M.D. North Carolina · Jan 9, 2015

Boyd clearly constitute material misrepresentations. On the six FNS recertification forms that Mrs. Boyd completed and submitted, she indicated on all but the last one that no one in the house was working. … No evidence was presented to establish that Mr. Boyd had any knowledge of the information that Mrs. Boyd included in the forms. Moreover, Mr.

In Re Pameco Corp.

356 B.R. 327 · United States Bankruptcy Court, S.D. New York · Nov 22, 2006

The Payment Constitutes a Transfer of the Debtor's Property A prepetition transfer may not be avoided as a preference under the Bankruptcy *334 Code unless it qualifies as a "transfer of an interest of the debtor in property … This is not enough, and Defendant has not established a defense under § 547(c)(1). B.

In Re Enron Creditors Recovery Corp.

370 B.R. 90 · United States Bankruptcy Court, S.D. New York · Jun 13, 2007

Therefore, the Court finds that Standard has failed to establish that the balancing of the equities favors the relief sought. Therefore, the second prong of the two-prong test has not been established. … Claim 13075 does not qualify as an informal proof of claim.

Haworth v. Kapnison (In Re Kapnison)

65 B.R. 221 · United States Bankruptcy Court, D. New Mexico · Sep 23, 1986

“The phrase ‘while acting in a fiduciary capacity’ clearly qualifies the words ‘fraud or defalcation’ and not ‘embezzlement’ or ‘larceny’.” Collier on Bankruptcy § 523.14 at 92 (15th ed. 1986). … Given that (1) the pledge given by Kapnison was in the nature of a security agreement and not a trust, (2) that the Bankruptcy Code requires explicit trusts rather than constructive trusts in establishing a fiduciary relationship

Travelers Express Co. v. Washington (In Re Washington)

105 B.R. 947 · United States Bankruptcy Court, E.D. California · Oct 5, 1989

There is no dispute over whether INSTA CHECK or its principals qualify under this Division. 6 . See note 7, infra. 7 . … Clearly, statutory construction of bankruptcy laws must begin with the language of the statute itself (United States v.