Case law

In Re Guzior

347 B.R. 237 · United States Bankruptcy Court, E.D. Michigan · Aug 23, 2006

White Pine Copper Division, 422 Mich. 636 , 375 N.W.2d 715, 730 (1985)). “ ‘[Sjtatutes are presumed to operate prospectively unless the contrary intent is clearly manifested.’ ” Id. … There are two parts a debtor must establish in order to have an allowed exemption of a tenancy by the entirety property interest.

McClure Enterprises, Inc. v. Nowakowski (In Re Nowakowski)

404 B.R. 789 · United States Bankruptcy Court, M.D. Pennsylvania · Apr 15, 2009

Citations in footnotes omitted, (emphasis ours) The language of the statute clearly states that the amount of the debt is determined as of “the date of the filing of the petition.” 11 U.S.C. § 109 (e) (emphasis added). … With that said, I find that the Debtor qualifies as a Chapter 13 debtor under the statutory limitations imposed by 11 U.S.C. § 109 (e).

In Re Hers Cosmetics Corp.

114 B.R. 240 · United States Bankruptcy Court, C.D. California · May 3, 1990

This purpose would be negated if liquidating administrative expenses of an aborted Chapter 11 case could also qualify for super-priority status in a converted Chapter 7 case.” (Emphasis added). … The contribution made by the Lattugas was clearly made pre-con-version. Their claims were for salary for the period from February 1987 to June 1987.

Unsecured Creditors Committee of Debtor v. Noyes (In Re STN Enterprises, Inc.)

73 B.R. 470 · United States Bankruptcy Court, D. Vermont · May 7, 1987

One who alleges that a conveyance is fraudulent must establish affirmatively all the facts necessary to make out fraud. Bray Enterprises, Inc. v. First Vermont Bank and Trust Co. … The Committee has established, by appropriate proof, prima facie colorable claims under applicable Vermont law for relief.

In re Gretag Imaging, Inc.

485 B.R. 39 · United States Bankruptcy Court, D. Massachusetts · Jan 9, 2013

Supervalu maintains that the testimony and exhibits introduced into evidence at the prior evi-dentiary hearing in this matter established that Qualex had delivered to Supervalu’s predecessors 513 minilabs which qualified … Thus, Su-pervalu has carried its burden to establish the validity of its claim.

In re Ohakpo

494 B.R. 269 · United States Bankruptcy Court, E.D. Michigan · Mar 4, 2013

The evidence establishes that Lotycz became obligated to Sparks Towing Inc. in the aggregate amount of $2,039.50 with respect to the Automobiles. … Sections 542 and 543 clearly require turnover "to the trustee.”

In Re Pilgrim's Pride Corp.

453 B.R. 691 · United States Bankruptcy Court, N.D. Texas · May 3, 2011

On April 1, 2009, the court entered the Order Pursuant to Section 502(b)(9) of the Bankruptcy Code and Bankruptcy Rule 3003(c)(3) Establishing the Deadline for Filing Proofs of Claim and Approving the Form and Manner of Notice … Having received payment for these contract rejection claims, to award the Growers a second time the same damages on a tort theory of liability would clearly result in the Growers receiving substantially different (and better

DeBlasio v. Groff (In Re Groff)

301 B.R. 644 · United States Bankruptcy Court, D. New Jersey · Feb 24, 2003

The debtor’s guilty plea qualifies as “actual litigation”, and her conviction represents a valid and final judgment. … The question becomes whether the provisions of N.J.S.A. 2C:40-22 clearly indicate a legislative intent to impose strict liability against the defendant, or whether the statute requires the defendant to “know” that if she

Dodge v. LaCasse (In Re LaCasse)

238 B.R. 351 · United States Bankruptcy Court, W.D. Michigan · Sep 8, 1999

, were clearly erroneous. … Laurain, (In re Laurain), 113 F.3d 595 (6th Cir. 1997)) and the required analysis of the effect of applicable nonbankruptcy law in determining whether the Debtor incurred a debt which satisfies the qualifying language of

Canning v. Beneficial Maine, Inc. (In Re Canning)

442 B.R. 165 · United States Bankruptcy Court, D. Maine · Feb 17, 2011

The letter, and HSBC’s stance in the weeks thereafter, plainly qualifies as an “act to collect, offset, or recover” a discharged debt, viz. the Cannings discharged personal obligation to repay their mortgage loan. … Though the legal prerequisites for relief must be clearly established, it does not necessarily follow that the burden of proof must be "clear and convincing”.

Arthur L Marquez and Victoria E Marquez

United States Bankruptcy Court, D. New Mexico · Sep 30, 2020

is clearly such an instrumentality.”). 6 See Mount Olivet, 164 F.3d at 486 (citing case law applying one or more of these considerations). 7 See TI Fed. … that 11 U.S.C. § 101[27] encompasses federal credit unions as federal instrumentalities,” it declined to categorically conclude that federal credit unions qualify as “governmental units” for all purposes.

Patriot Group, LLC v. Fustolo (In re Fustolo)

563 B.R. 85 · United States Bankruptcy Court, D. Massachusetts · Jan 9, 2017

Accordingly, the Court established a protocol to evaluate the availability of the Fifth Amendment privilege asserted by Fustolo. … Clearly, no single approach is ideal for all the varied cases and circumstances in which the issue is apt to arise; but equally clearly, a person who asserts that the compelled production of documents in his possession would

Nevarez v. Residential Credit Solutions, Inc. (In re Nevarez)

488 B.R. 332 · United States Bankruptcy Court, E.D. Texas · Mar 6, 2013

Ass’n, 436 F.Supp.2d 842, 855 (N.D.Tex.2006) (person who obtains a home equity loan does not obtain a “good” or “service” to qualify as a consumer under the DTPA); Cuevas v. … First, it must be shown that the position of the party to be estopped is clearly inconsistent with its previous one; and [second,] that party must have convinced the court to accept that previous position.”).

In re Denali Family Services

506 B.R. 73 · United States Bankruptcy Court, D. Alaska · Mar 3, 2014

The owner/lessor filed an adversary action to establish a $28 million claim for the clean up and removal of these materials. … Further, the Lease specifically defines DFS’s liability for tenant improvements “as additional monthly rent.” 33 The tenant improvement payments satisfy the second and third McSheridan factors as well, because the payments clearly

In Re Kocher

78 B.R. 844 · United States Bankruptcy Court, S.D. Ohio · Jun 2, 1987

Section 1205(b)(3) clearly and unequivocally states that, where a creditor’s claim is secured by farmland, the payment by the debtor of a fair rental value constitutes adequate protection iper se. … No testimony was offered to establish the precise crop acreage base that has been established for Tracts A and B.

In Re Nova Real Estate Investment Trust

23 B.R. 62 · United States Bankruptcy Court, E.D. Virginia · Sep 7, 1982

The Property Transfer Agreement clearly states that Poller continued liable on the notes and that the interest continued to run. … Therefore, this Court finds that even if Poller had established clearly the value of the Palace properties at the time of their transfer, he would not be entitled to have a credit applied in that amount as of the date of

Sullivan v. Welsh (In Re Lumbar)

446 B.R. 316 · United States Bankruptcy Court, D. Minnesota · Mar 3, 2011

This in turn immunized her transfer of it from avoidance as a fraudulent transfer under state law. … It is obvious that § 510.07, the homestead exemption statute, must qualify § 507.34, the recording statute.

In re Gunboat International Ltd.

557 B.R. 410 · United States Bankruptcy Court, E.D. North Carolina · Sep 6, 2016

Smith’s role included identifying and qualifying potential purchasers of the Debtor’s assets. 13. … Any subsequent sale of the assets must comply with § 365 and must clearly identify what interests the Debtor holds. If Mr.

In Re White

417 B.R. 102 · United States Bankruptcy Court, S.D. Indiana · Sep 29, 2009

Negative equity is clearly not in the nature of or in any way similar to the types of expenses cited in the Comment. … which those courts draw from, however, are designed to inform consumers of the true cost of credit and have absolutely nothing to do with secured transactions or the function of the cited bankruptcy statute, which is to establish

In Re Easton

79 B.R. 836 · United States Bankruptcy Court, N.D. Iowa · Sep 10, 1987

The Debtors financial difficulties arose out of their attempt to assist their grandson, Rick Easton, in establishing a farming operation. … If the cash rent received for the rental of their real estate to their grandson and a neighbor is determined to be nonfarming income, then George and Elsie Easton clearly do not meet the 50 percent income test.