Case law

Evans v. United States, Department of Treasury, Internal Revenue Service

188 B.R. 598 · United States Bankruptcy Court, D. Nebraska · Oct 10, 1995

In order to award litigation costs, the court must find that the taxpayer qualifies as a “prevailing party” as defined by I.R.C. § 7430(e)(4). … Sovereign clearly suggested that Mr.

Bottari v. Baiata (In Re Baiata)

12 B.R. 813 · United States Bankruptcy Court, E.D. New York · Jul 16, 1981

“To qualify as a fiduciary, [a] trustee must have duties which are independent of any contractual obligations between the parties and which are imposed prior to, rather than by virtue of, any claim of misappropriation of … The record clearly establishes that debtor never purchased or delivered the essential materials to the job site. The record further reveals a willful pattern of procrastination, gross incapability, and actual fraud.

In re Decker

535 B.R. 828 · United States Bankruptcy Court, D. Alaska · Mar 31, 2015

However, it appears that Debtors may qualify for chapter 13 relief, which would provide them with a more streamlined and economical option for reorganization. … It appears, however, that debtors may qualify for chapter 13 under 11 U.S.C. § 109 (e) from their Schedules. . 2001 WL 35814401 (Bankr.D.Idaho May 3, 2001) . Id. at *2 .

In Re Vance

120 B.R. 181 · United States Bankruptcy Court, N.D. Oklahoma · Oct 4, 1990

The “first” meeting originally provided an occasion for creditors to meet together, establish their claims, and elect a Trustee to administer a debtor’s estate in bankruptcy, 3 Collier on Bankruptcy (14th ed. 1977) ¶ 55.01 … This too should turn on Congressional intent; but such intent may be less clearly evident than is required under § 701(a) and more difficult for courts to determine and apply.

Baldin v. Calumet National Bank (In Re Baldin)

135 B.R. 586 · United States Bankruptcy Court, N.D. Indiana · Nov 20, 1991

This is clearly not the issue before this Court. … affidavits clearly created a genuine issue of material fact.

Young v. Peter J. Saker, Inc. (In Re Paula Saker & Co.)

53 B.R. 630 · United States Bankruptcy Court, S.D. New York · Sep 18, 1985

Such an analysis shows that some of the challenged transfers are clearly within the § 547(c)(4) subsequent advance exception to avoidability and that partial summary judgment should be granted. … Any new value that the creditor advances must be unsecured in order for it to qualify under this exception.” H.R.Rep. No. 95-595, 95th Cong., 1st Sess. 374 (1977), reprinted in 1978 U.S.Code CONG. 7 AD.NEWS 5787, 6330.

In Re Adana Mortgage Bankers, Inc.

12 B.R. 989 · United States Bankruptcy Court, N.D. Georgia · Aug 14, 1980

The Bankruptcy Code clearly stays “any entity” from “any act to obtain possession of property of the estate or of ^perty from the estate.” Section 362(a)(3). … The defendants actions of February 6 and March 3 were so clearly contemptuous, and so clearly costly to the debtor and the participating creditors, that sanctions must, and will, be applied.

Kroh Operating Ltd. Partnership v. Barnett Bank of Southwest Florida (In Re Kroh Bros. Development Co.)

101 B.R. 114 · United States Bankruptcy Court, W.D. Missouri · May 30, 1989

Moreover, § 553(a) expressly states that the right of setoff is qualified only by §§ 362 and 363; it omits any reference to § 544. … -In short, BBT established a valid security interest in the C.D.s.

In Re Willamette Timber Systems, Inc.

54 B.R. 485 · United States Bankruptcy Court, D. Oregon · Oct 30, 1985

Bankruptcy Rule 3002(c) and 9006(b)(3) when read together clearly enunciate a policy that under the circumstances described in Rule 3002(c) the court, unless the facts fall within a listed exception of 3002(c), may not extend … satisfied all the criteria for employment pursuant to 11 U.S.C.A. § 327 (West 1979) and Rule 215 [now 2014(a)] of the Federal Rules of Bankruptcy Procedure at or before the time services were actually commenced and remained qualified

Moore v. Manson (In Re Springfield Furniture, Inc.)

145 B.R. 520 · United States Bankruptcy Court, E.D. Virginia · Sep 30, 1992

Therefore, the holding of Bob Grissett is clearly distinguishable from this proceeding. … A prima facie case for fraud can be established by proving “badges of fraud.” Id. Even a single badge of fraud may be sufficient to establish a prima facie case of fraud. Hickman’s Ex’r v.

In Re First SEC. Mortg. Co., Inc.

117 B.R. 1001 · United States Bankruptcy Court, N.D. Oklahoma · Aug 21, 1990

Nor does it clearly appear whether the $7,128 fee is so excessive in amount or disproportionate to Dunhill’s actual efforts and First Security’s actual benefits as to qualify as “improvident.” … Under these circumstances, the conditions which permit modification of the fee are not established; and so the fee stands unmodified.

In Re Pace Trustee of Pace Irrevocable Trust

376 B.R. 334 · United States Bankruptcy Court, M.D. Florida · Sep 11, 2007

Pace noted that the debtor was a “business trust”, which is a necessary eligibility prerequisite for a trust to qualify as a debtor in a bankruptcy case. Mr. … Pace’s initial statement on the debtor’s petition, made under oath, that the debtor was a business trust is clearly inconsistent with Mr.

Clark v. Savings & Trust Co. of Pennsylvania (In Re Clark)

11 B.R. 828 · United States Bankruptcy Court, W.D. Pennsylvania · Jun 3, 1981

Immunity from federal regulation is not gained through forehanded contracts. Were it otherwise, the paramount powers of Congress would be nullified by ‘prophetic discernment’. … To establish ... uniform laws on the subject of Bankruptcies throughout the United States...

In Re Hentges

351 B.R. 758 · United States Bankruptcy Court, N.D. Oklahoma · Apr 18, 2006

Thus, the Court concluded that the Bank did not qualify as a petitioning creditor, and in the absence of three qualified petitioning creditors, the involuntary petition was dismissed. Id. at 7 . … Most of the allegations made to establish bad faith were not supported with admissible evidence.

In Re Wilson

349 B.R. 831 · United States Bankruptcy Court, D. Idaho · Sep 15, 2006

Pursuant to Fed.R.Civ.P. 59(e), Debtor has the burden to: clearly establish a manifest error of fact, a manifest error of law, or the existence of newly discovered evidence. Hale v. United States Tr. … To qualify for relief under Rule 60(b)(6), a moving party must “show both injury and that circumstances beyond its control prevented timely action to protect its interests.

Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program (In re Halatek)

592 B.R. 86 · United States Bankruptcy Court, E.D. North Carolina · Sep 28, 2018

The Plaintiff asserts that her hEDS and narcolepsy, together, cause her constant pain and exhaustion, often resulting in "brain fog" and the inability to think clearly. … Each of Loans 1-12 given by the Defendant to the Plaintiff qualifies as a type of student loan that is not discharged unless the Plaintiff can establish that their nondischargeability creates an "undue hardship."

Sharp Ex Rel. Commercial Financial Services, Inc. v. Chase Manhattan Bank USA, N.A. (In Re Commercial Financial Services, Inc.)

350 B.R. 559 · United States Bankruptcy Court, N.D. Oklahoma · Oct 31, 2005

However, an expert’s conclusions are not immune from scrutiny: “A court may conclude that there is simply too great an analytical gap between the data and the opinion proffered.” General Elec. Co. v. … In its memorandum opinion, the court stated: “While perhaps qualified to opine on *572 the generalities of the bad debt industry, she is not sufficiently qualified under F.R.E. 702 to read credit reports to determine when

In Re Kuver

70 B.R. 190 · United States Bankruptcy Court, S.D. Florida. · Dec 2, 1986

Larson, 136 Fla. 1 , 185 So. 866 (1939) (hereinafter McEwen), which states that where rental property was erected on a “severa-ble” part of the homestead, then an intention to abandon that portion of the homestead was established … Clearly, no problem exists where a debt- or resides within a municipality on less than a quarter of an acre and otherwise qualifies for homestead and rents no portion thereof nor conducts any business thereon.

Dietz v. Phipps (In Re Sunde)

149 B.R. 552 · United States Bankruptcy Court, D. Minnesota · Dec 28, 1992

The state of mind that the Defendants set up in their defense is an uncontested fact, but it simply does not qualify for this exception. … Here, under the established facts, the Debtors would not have been estopped from asserting usury remedies against the Defendants, so the Plaintiff is not either.

In Re Jones

102 B.R. 730 · United States Bankruptcy Court, W.D. Missouri · Aug 3, 1989

. § 513.427 and the precedent established in In re Mitchell, 73 B.R. 93 , aff'd., 855 F.2d 859 (8th Cir.1988). … In the case at bar, the cause of action asserted by Debtors does not qualify as one of those ehoses in action for which assignment is prohibited.