Case law

Kocurek v. Arnold (In Re Thurman)

163 B.R. 95 · United States Bankruptcy Court, W.D. Texas · Jan 6, 1994

This type of enforcement action would clearly be stayed by § 362(a)(4). … from personal liability, but such immunity is not absolute.

Premier Capital Funding, Inc. v. Earle (In Re Earle)

307 B.R. 276 · United States Bankruptcy Court, S.D. Alabama · May 13, 2002

Thus, 8-9A-5(b) is clearly not available to PCF. … that the trust was established as a valid estate planning device.

In re Weidenbenner

521 B.R. 74 · United States Bankruptcy Court, S.D. New York · Dec 12, 2014

Here, the Debtors’ have established constitutional standing. … The Debtors have established statutory standing. Section 362(k) mandates an award of damages when a willful stay violation occurs.

In Re Wines

113 B.R. 787 · United States Bankruptcy Court, S.D. Florida. · Apr 16, 1990

It is established law that the law-making power of the Legislature of the State of Florida is subject only to the limitations provided in our Constitution and no statute should be declared inoperative on the ground that it … violates organic law, unless it clearly appears beyond all reasonable doubt that there is a positive conflict.

Ploof v. Garver (In Re Garver)

26 B.R. 552 · United States Bankruptcy Court, D. Vermont · Jan 20, 1983

Mead, 121 Vt. 434, 440 , 159 A.2d 325 , and must be established by clear and satisfactory evidence, Laughlin v. … established that he had a definite intent to deceive the plaintiff and that he was guilty of actionable misrepresentation.

Committee of Tort Litigants v. Catholic Diocese of Spokane (In Re the Catholic Bishop of Spokane)

329 B.R. 304 · United States Bankruptcy Court, E.D. Washington · Aug 26, 2005

(b) Has the Debtor Established an Express Trust? R.C.W. 24.12 clearly authorizes the corporate sole to exercise civil legal rights, including the right to establish trusts 6 . … Clearly, issues of fact exist.

In Re Turner

71 B.R. 120 · United States Bankruptcy Court, D. Montana · Mar 5, 1987

The Debtor, Robert Turner testified at the hearing on the dismissal motion that he qualified as a family farmer because over 80% of his income is derived from farming, the ranch is worth over 1.3 million dollars, his equipment … As the record clearly establishes, the sole purpose behind the filing of the Chapter 12 petition was to frustrate and delay the efforts of FLB from enforcing their rights to which the Debtors had previously stipulated FLB

In Re United States Brass Corp.

277 B.R. 326 · United States Bankruptcy Court, E.D. Texas · Mar 20, 2002

Pursuant to the Plan, the Brass Trust was established to assume control of certain of the Debtor’s assets and certain funds. … Analysis of the “four corners” of the document clearly indicates that a “unit” is not a “claim”: but there is insufficient information as to what a unit is or to indicate that the parties had a mutual understanding as to

United States Escrow v. Bloomingdale (In Re Bloomingdale)

137 B.R. 351 · United States Bankruptcy Court, C.D. California · Dec 20, 1991

Here, counsel was clearly identified on both debtor’s petition and the Order For Meeting of Creditors which was mailed to the plaintiffs. … The Local Rule 102 declaration of debtor’s counsel clearly expresses counsel’s representation of debtor in non-dischargeability proceedings under Bankruptcy Code § 523.

In Re Oglesby

196 B.R. 938 · United States Bankruptcy Court, E.D. Virginia · Mar 29, 1996

To establish equitable estoppel it is not necessary that actual fraud be shown. It is only necessary to show that the person estopped, by his statements or conduct, misled another to his prejudice. Wood, 99 F.2d at 82 . … Although it is somewhat regrettable to require the city to repay the taxes at this late date, the bankruptcy code rather clearly requires this result.

In re Oliver

511 B.R. 556 · United States Bankruptcy Court, W.D. Wisconsin · Jun 10, 2014

In a Chapter 7 case, section 726(a) establishes the order and priority of the distribution of property of the bankruptcy estate. … Moreover, to qualify under this section, the taxes must be unsecured claims. These were not; they were secured tax claims.

Lacey v. BAC Home Loans Servicing, LP (In re Lacey)

480 B.R. 13 · United States Bankruptcy Court, D. Massachusetts · Jul 12, 2012

The correspondence clearly states that Plaintiff was obligated to respond to foreclosure notices. … the specific requests denoted in the aforementioned Qualified Written Requests.’ ” Id. at *5 .

Barker v. Altegra Credit Co. (In Re Barker)

251 B.R. 250 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 20, 2000

The Broker clearly appears to meet all of these criteria. … Neither Party Has Adhered to “the Law of the Case” Established in Barker I in Their Present Briefing.

In Re Novak

103 B.R. 403 · United States Bankruptcy Court, E.D. New York · Aug 3, 1989

Chapter 12 cases are clearly not to become Chapter 11 like proceedings. … But if a notice of claim is required the present motion may so qualify.

Norman v. Norman (In Re Norman)

13 B.R. 894 · United States Bankruptcy Court, W.D. Missouri · Sep 3, 1981

Debtor scheduled the debt as disputed and clearly intends to modify the amount, taking the position that the whole debt is dischargea-ble. … The Court finds that the trial court clearly intended that some portion of the $73,-500.00 be considered maintenance.

Monteverde's Inc. v. Italian Oven, Inc. (In Re Italian Oven, Inc.)

207 B.R. 839 · United States Bankruptcy Court, W.D. Pennsylvania · Apr 24, 1997

The statute requires entities that qualify as commission merchants, dealers and brokers in perishable agricultural commodities to obtain a license through the Secretary of Agriculture (“Secretary”), 7 U.S.C. § 499e(a), and … establishes enforcement mechanisms through complaints filed with the Secretary or with any court of competent jurisdiction.

Wear v. Green (In Re Green)

115 B.R. 1001 · United States Bankruptcy Court, W.D. Missouri · Jun 14, 1990

Wal-Mart established the Wal-Mart Stores, Inc. Profit Sharing Plan and the Wal-Mart Stores, Inc. … Relying upon the precedent established in the Eighth Circuit, the Trustee argues that the Wal-Mart Profit Sharing Plan and Trust does not qualify as a spendthrift trust, and therefore debtors’ interests are included in their

Accardi v. IT Corp. (In Re IT Group, Inc.)

323 B.R. 578 · United States Bankruptcy Court, D. Delaware · Mar 31, 2005

Under ERISA, a plan is unfunded if the beneficiary cannot establish “through the plan documents, a legal right any greater than that of an unsecured creditor to a specific set of funds from which the employer is, under the … The cases Appellants cite involve qualified ERISA plans that are not exempt from the ERISA fiduciary responsibility provisions. See, e.g., Coleman v. Nationwide Life Ins. Co., 969 F.2d 54 (4th Cir.1992).

Haig v. Shart (In re Shart)

505 B.R. 13 · United States Bankruptcy Court, C.D. California · Jan 29, 2014

Congress clearly approved the Neal v. Clark “actual fraud” requirement, but made no mention of Strang v. … Property co-ownership of any sort, as well as profit-sharing, are factors which tend to establish partnership. But see Holmes v.

In re Residential Capital, LLC

513 B.R. 446 · United States Bankruptcy Court, S.D. New York · Jul 24, 2014

Deutsche Bank argued that it could establish excusable neglect based on the “gross misconduct of its prior counsel.” (Opp. Ex. G at 7.) … out that the plaintiff in Cooper sued the federal government, so the Supreme Court’s narrow interpretation of “actual damages” was guided by a strict interpretation in favor of the sovereign in cases involving sovereign immunity