Case law

In Re Maynard

295 B.R. 437 · United States Bankruptcy Court, S.D. New York · Jul 21, 2003

Accordingly, satisfying the Armstrong test, Maynards’s receipt of rent from MFI was clearly subject to “traditional risks of farming.” This conclusion is further supported by the holdings of Krueger and Easton . … In total, the circumstances support a finding that MFI’s rents constitute “farm income” as established in Creviston .

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.

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.

In re Nussman

501 B.R. 297 · United States Bankruptcy Court, E.D. North Carolina · Oct 28, 2013

Each assignment or other writing evidencing transfer of ownership must contain the original account number of the debt purchased and must clearly show the debtor’s name associated with that account number. … The court notes that although it was the debtor's burden to establish that Oak Harbor qualifies as a debt buyer under the statute, the debtor did not introduce any evidence in this regard.

Andrus v. Scully's Metal Fabrication, Inc. (In Re Scully's Aluminum Crafts, Inc.)

352 B.R. 783 · United States Bankruptcy Court, W.D. Louisiana · Aug 10, 2006

Andrus (“Trustee”) is the duly appointed and qualified chapter 7 trustee. … When fraud or deceit is absent, however, other circumstances must be so strong as to clearly indicate that the corporation and shareholder operated as one. Kingsman Enterprises, Inc. v.

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

Mayher v. Ma (In Re Ma)

375 B.R. 387 · United States Bankruptcy Court, N.D. Ohio · Sep 28, 2007

The person who took her call said that she was in a high risk loan when she actually qualified for a conventional loan at a lower rate. … See Ohio Rev.Code § 1322.11(B); see also Ohio Rev.Code § 1322.99 (establishing criminal penalties). Mayher relies for her argument on §§ 1322.07 and 1322.062.

In Re DeNadai

259 B.R. 801 · United States Bankruptcy Court, D. Massachusetts · Mar 23, 2001

The trust argument concerning what is clearly, and acknowledged by the Debtor, an employee employer relationship, is a stretch. … Shumate, 504 U.S. 753 , 112 S.Ct. 2242 , 119 L.Ed.2d 519 (1992), with regard to ERISA qualified plans. 4.

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).

In Re Hunt

54 B.R. 247 · United States Bankruptcy Court, D. Hawaii · Aug 28, 1985

Crackel (“Crackel”) was the only qualified real estate appraiser who testified as to the fair market value of the subject property. b. … The Debtor has equity in the property, and the Movants have not established entitlement to relief from the stay pursuant to 11 U.S.C. § 362 (d)(1). 2.

In Re Plantation Realty Trust

232 B.R. 279 · United States Bankruptcy Court, D. Massachusetts · Mar 30, 1999

The implication was clearly to the contrary. 5 In addition, the Agreement called for an independent escrow agent to hold the initiation fees. … And there, as here, the agent failed to clearly indicate in which capacity he was acting.

In Re Mercado

376 B.R. 340 · United States Bankruptcy Court, M.D. Florida · Sep 24, 2007

Citizens Bank of Mass., which established that a debtor does not have an absolute right to convert a case from Chapter 7 to Chapter 13. — U.S. -, 127 S.Ct. 1105, 1109-1112 , 166 L.Ed.2d 956 (2007). … First, however, the Court will determine whether the Mercado’s have “regular income,” to confirm that they qualify as Chapter 13 debtors, pursuant to 11 U.S.C. § 109 (e). A.

Stanwyck v. Bogen (In Re Stanwyck)

450 B.R. 181 · United States Bankruptcy Court, C.D. California · May 20, 2011

establishes identical facts.”); ALA, Inc. v. … Congress did not establish any limitations period for damage claims under § 362(k).

In Re Orndoff

100 B.R. 516 · United States Bankruptcy Court, E.D. California · May 1, 1989

ISSUE: Can an asset, the source of which is wages, be considered “paid earnings” and qualify to be partially exempted under CCP Sections 704.070 and 706.010? … CONCLUSION: The filing of a Chapter 7 petition clearly establishes a line of demarcation determining which of the debtor’s assets is available to satisfy creditor’s claims.

Klauer v. United States (In Re Klauer)

362 B.R. 31 · United States Bankruptcy Court, M.D. Florida · Nov 27, 2006

Since § 7430 constitutes a waiver of the government’s sovereign immunity, it must be strictly construed. Ardestani v. … That the United States loses or concedes an issue does not establish that its position was not substantially justified. Underwood, 487 U.S. at 569 , 108 S.Ct. 2541 .

In Re Delta Motor Hotel of Syracuse, Inc.

10 B.R. 585 · United States Bankruptcy Court, N.D. New York · Apr 6, 1981

The case at bar, of course, is of the third type and an examination of the New York cases does not clearly establish whether “conditional limitations” will be relieved of the doctrine of strict construction. … There does exist a qualifying limitation to the aforesaid ‘rental acceptance’ principle of waiver.

Matter of Elliott

31 B.R. 33 · United States Bankruptcy Court, S.D. Ohio · Jun 8, 1983

For a claim of exemption to be successfully accomplished, such claim must be clearly asserted and the property claimed as exempt must be clearly described. … The report shall be filed with the court no later than 15 days after the trustee qualifies.

Angell v. Ber Care, Inc. (In Re Caremerica, Inc.)

409 B.R. 737 · United States Bankruptcy Court, E.D. North Carolina · Jul 23, 2009

In order to properly assert a violation of a clearly established right, it was necessary for the plaintiff in Iqbal to plead factual assertions showing that the defendants adopted the alleged detention policy for the purpose … immunity and protection from the burdens of litigation.

Walter v. Celotex Corp. (In Re Hillsborough Holdings Corp.)

197 B.R. 372 · United States Bankruptcy Court, M.D. Florida · May 28, 1996

The VPSA clearly provides that it is to be governed by the laws of the State of New York. … Celo-tex clearly did not live up to what it promised, even though the Debtors fully performed their end of the bargain.

Matter of Palmer

78 B.R. 402 · United States Bankruptcy Court, E.D. New York · Oct 15, 1987

. § 157 , the bankruptcy court clearly has no jurisdiction to adjudicate such matters. 28 U.S.C. § 157 . … The non-debtor spouse’s claim is an entitlement against the debtor’s estate, and thus she becomes one of the general unsecured creditors of the estate. .While the matrimonial court is uniquely qualified to determine the nature