Case law

In Re Tinti Const. Co., Inc.

29 B.R. 971 · United States Bankruptcy Court, E.D. Wisconsin · May 27, 1983

In his efforts to save his business, he then established Brooke Construction, Inc. (Brooke) on or about February, 1983. … The courts, however, have consistently held that collective bargaining agreements are not immune from rejection under s. 365.

Hoarty v. Midwest Carriers Corp. (In Re Best Refrigerated Express, Inc.)

168 B.R. 978 · United States Bankruptcy Court, D. Nebraska · Apr 22, 1994

Consideration of a summary judgment motion at this juncture is appropriate because there is no issue as to whether Midwest qualifies as a small business. … The trustee’s argument that the “no longer transporting property” requirement of Section 2(a)(f)(l)(A) applies to Section 2(a)(f)(9) is incorrect because the statute clearly limits the “no longer transporting property” clause

Turturo v. Access Group, Inc. (In re Turturo)

522 B.R. 419 · United States Bankruptcy Court, N.D. New York · Dec 18, 2014

Tur-turo has not applied, it is not certain whether (i) he would qualify for any specific program, nor (ii) what his monthly repayment amount would be. … Debtor has failed to clearly establish what his current financial condition is in order for the court to properly assess whether he could maintain a minimal standard of living if forced to repay the loans.

In Re Black

204 B.R. 701 · United States Bankruptcy Court, W.D. Texas · Oct 30, 1996

. § 72 (m)(7) so as to be excepted from the additional 10% tax on early distributions from qualified retirement plans for the 1993 tax year? … He was clearly not under “constant supervision” as required under Treas.Reg. § 1.72-17(A)(f)(2)(vi).

Funding Systems Asset Management Corp. v. Minnesota Mining & Manufacturing Co.

72 B.R. 595 · United States Bankruptcy Court, W.D. Pennsylvania · Apr 29, 1987

Therefore, the instant proceeding does not qualify as “core” under 28 U.S.C. § 157 (b)(2)(E). … In the *599 case at bar, 3M and TFG actively deny the existence of any account due and owing; hence, we have no established debtor-creditor relationship to adjust.

Frontier Energy, LLC v. Aurora Energy, Ltd. (In Re Aurora Oil & Gas Corp.)

439 B.R. 674 · United States Bankruptcy Court, W.D. Michigan · Sep 14, 2010

ANALYSIS In order to prevail on this Motion, Frontier must establish that the Agreements are either “unexpired leases” or “executory contracts” within the meaning of Section 365. 3 1. … qualify as fee interests.

In re Newcomb

513 B.R. 7 · United States Bankruptcy Court, D. Massachusetts · Jul 10, 2014

The Declaration properly identified them, spouses, as the owners to be benefited by the homestead, and indicated that they occupied the Property as their principal residence. 45 Moreover, they clearly executed the Declaration … There is nothing in the Declaration inconsistent with the established facts of ownership of the Property. . Mass. Gen. Laws ch. 188, § 5 (a)(1). . Id.

In Re Young

276 B.R. 683 · United States Bankruptcy Court, M.D. Florida · Feb 19, 2002

September 2000: 15 days Or in all, a total of 43 days out of a minimum of 91 days required to qualify for Florida exemptions or a total of 77 days from the date of the purchase of the Condo. … to established a permanent residence in Florida, clearly whatever happened after the purchase warrants but one conclusion, that at the time they filed the Petition, they did not reside and no longer had any intention to

Hart v. Hart (In Re Hart)

50 B.R. 956 · United States Bankruptcy Court, D. Nevada · Jul 16, 1985

As *962 such, it qualifies as a security interest rather than a judicial lien. … Having failed to establish the first and third legs of her § 522(f)(1) argument, the debtor’s counterclaim for lien avoidance must fall.

In Re Watkins

216 B.R. 394 · United States Bankruptcy Court, W.D. Texas · Aug 6, 1997

In addition, they will qualify for Medicare and all of the other government programs for which we all pay high taxes. … Clearly they knew they were going to file bankruptcy when that debt was incurred.

Callahan v. Petro Stopping Center 72 (In re Lambert Oil Co.)

347 B.R. 173 · United States Bankruptcy Court, W.D. Virginia · Aug 3, 2006

Thus, the bankruptcy court concluded that the transactions did not qualify for the contemporaneous transfer for new value defense. … Accordingly, Petro does not qualify for the ordinary course of business defense. IV. CONCLUSION.

In Re Amstutz

427 B.R. 636 · United States Bankruptcy Court, N.D. Ohio · Jan 15, 2010

Under the Bankruptcy Code, Charles Proby qualifies as a “bankruptcy petition preparer.” … Proby’s fees must also be considered within the context that some of those services he provided to the Debtor clearly entailed the unauthorized practice of law.

Barciz v. Farmers Citizens Bank (In Re Barciz)

123 B.R. 771 · United States Bankruptcy Court, N.D. Ohio · Jun 29, 1990

A later case citing Brown further establishes this point. … The Debtor’s argument is clearly not on point for the purposes of this decision.

Isaly Klondike Co. v. Sunstate Dairy & Food Products Co. (In Re Sunstate Dairy & Food Products Co.)

145 B.R. 341 · United States Bankruptcy Court, M.D. Florida · Sep 15, 1992

In order to reclaim the ice cream bars from Debtor pursuant to Section 546(c), Klondike must establish: 1. a statutory or common law right to reclaim the ice cream bars, 2. … Clearly, the imposition of a lien or administrative expense is something beyond the normal state-granted remedy in such cases.

Community National Bank & Trust Co. of New York v. Persky (In Re Persky)

134 B.R. 81 · United States Bankruptcy Court, E.D. New York · Dec 3, 1991

Plumb, The Recommendations of the Commission on the Bankruptcy Laws of the United States — Exempt and Immune Property, 61 Va.L.Rev. 1, 138 (1975). … Precedent does not clearly prohibit either alternative.

Merchants Bank v. Vescio (In Re Vescio)

210 B.R. 913 · United States Bankruptcy Court, D. Vermont · May 21, 1997

The District Court held that there exists a qualified “bank examination privilege” which may apply to those documents. … Names and numbers are clearly not opinion or deliberation.

In Re Outen

220 B.R. 26 · United States Bankruptcy Court, D. South Carolina · Mar 18, 1998

Outen rolled over an ERISA qualified 401(k) plan as a result of termination of her employment with South Carolina Electric and Gas Company. … This is clearly contemplated by the very nature of the exemptions in Iowa Code § 627.6 (9). An interest in future payments necessarily includes an interest in the present assets from which those payments will be made.

Moyer v. Bank of America, N.A. (In Re Rosenberger)

400 B.R. 569 · United States Bankruptcy Court, W.D. Michigan · Dec 10, 2008

Likewise, in discussing the 1984 amendments to the bankruptcy statutes, Senator Hatch explained that a case “arises under the Constitution or laws of the United States” when a “right or immunity created by the Constitution … Van Huffel Tube Corp.), 71 B.R. 155 (Bankr.N.D.Ohio 1987) (Bodoh, J.) denied a motion to dismiss a preference complaint based upon alleged and improper venue under 11 U.S.C. § 1409 (b), and held: A preference action is clearly

Next Science, LLC v. Pivotal Med Supply, LLC

United States Bankruptcy Court, N.D. Texas · Apr 13, 2026

Second, in order for a party to establish an abusive use of such process once issued, the complaining party must establish that instead of having the process served or executed in a legally permissible manner, the opposing … Such actions, however, are not enough to establish an abuse of process claim.

In re LCL Income Properties

184 B.R. 539 · United States Bankruptcy Court, S.D. Ohio · Jul 11, 1995

Clearly, this arm of LBR 3.13 contemplated that schedules would be filed within the times contemplated in FRBP 1007(c). … We find the present record to be inadequate to establish either proposal as the correct interest rate.