Case law

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 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

Begier v. United States, Internal Revenue Service (In Re American International Airways, Inc.)

83 B.R. 324 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 9, 1988

Zlatkin clearly establishes that the notice requiring establishment of the trust fund was not delivered to Mr. Edmondson until March 1, 1984, irrespective of the earlier date appearing on it. … Clearly, the January and February, 1984, withholding taxes were “antecedent debts” as of April 30, 1984.

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.

In Re Bora Bora, Inc.

424 B.R. 17 · United States Bankruptcy Court, D. Puerto Rico · Jan 20, 2010

This court clearly set forth the standard to grant an injunction under 11 U.S.C. § 105 (a) as follows: In the First Circuit, as elsewhere, the four standard factors that the debtor corporation would have to establish to obtain … Debtor’s allegations are insufficient by themselves to establish either scenario. While it is true that Mr.

In Re Doan

11 B.R. 704 · United States Bankruptcy Court, E.D. Virginia · Jun 22, 1981

The Trustee would have the Court conclude that the testimony elicited from the debtors at their respective hearings established that they maintained a single residence or living quarters jointly and, therefore, fall without … The phrase “whether or not others are living with him” found in Section 34-1 (which was added by the 1978 amendment to this section) is clearly intended only to drop the long-standing requirement that in order for a person

Norman v. Prestage Farms, Inc. (In Re Moore)

310 B.R. 795 · United States Bankruptcy Court, N.D. Mississippi · Jun 21, 2004

judgment asserted that the cause of action initiated by the plaintiffs was barred by the one year statute of limitations found in Miss.Code Ann., § 95-3-29 (1972), which is set forth in pertinent part as follows: § 95-3-29 Immunity … While it does allow for private party participation, i.e., the right to initiate a request with “the commission,” it clearly does not provide a private right of action or a private remedy for those persons adversely affected

Roth v. Butler Univ. (In re Roth)

594 B.R. 672 · United States Bankruptcy Court, S.D. Indiana · Nov 16, 2018

The Supreme Court has read the FAA as establishing "a liberal federal policy favoring arbitration agreements." Id. (citations omitted). Furthermore, courts are to "rigorously enforce agreements to arbitrate." … When reviewing an alleged conflict between the FAA on the one hand and the FLSA and NLRA on the other, the Supreme Court noted that the party asserting a conflict "bears a heaving burden *675 of showing "a clearly expressed

In Re Washington Manufacturing Co.

101 B.R. 944 · United States Bankruptcy Court, M.D. Tennessee · Jun 23, 1989

Section 507 of the Code establishes the priority for payment of claims in a bankruptcy case. Pursuant thereto, first priority is given, inter alia, to claims which qualify as “administrative expenses” under § 503(b). … Because Kalliste was not employed under either of these sections, its *958 claim clearly does not qualify as an award of compensation under § 330(a) and therefore does not qualify as an administrative expense claim pursuant

Jarrett Ranches, Inc. v. Farm Credit Banks of Omaha (In Re Jarrett Ranches, Inc.)

107 B.R. 969 · United States Bankruptcy Court, D. South Dakota · Aug 16, 1989

The receipt of any offers or the absence of such receipt would certainly establish whether any such buyers indeed do exist. … If two or more qualified bids in the same amount are received by the institution under paragraph (1), such bids are the highest received, and one of the qualified bids is offered by the previous owner, the institution shall

Siu v. Martinez (In re Martinez)

500 B.R. 608 · United States Bankruptcy Court, N.D. California · Sep 25, 2013

If a plaintiff establishes an intent to hinder or delay creditors, then such plaintiff is not required to establish a fraudulent intent. See Retz, 606 F.3d at 1200 . … Wlodarski (In re Minton Group, Inc.), 43 B.R. 705, 708-09 (Bankr.S.D.N.Y.1984) (addressing procedure for obtaining a grant of immunity). Mr. Siu said that he did not want to request immunity for Mr.

Calcasieu Marine National Bank v. LaRocca (In Re LaRocca)

12 B.R. 56 · United States Bankruptcy Court, W.D. Louisiana · Jun 16, 1981

In addition to actual fraud, to qualify under 11 U.S.C. 523(a)(2)(B) there must be a false financial statement in writing, respecting the debt- or’s financial condition, on which the creditor reasonably relied and that the … LaRocca clearly falls within present interpretation of 523(a)(2)(B), a material falsity.

Sharrell D. Reed

United States Bankruptcy Court, N.D. Mississippi · Mar 20, 2020

established above, it knew of the debtor’s bankruptcy status. … Further, the garnishments are clearly a debt collection attempt.

Solomon v. Jarrett (In Re Jarrett)

303 B.R. 816 · United States Bankruptcy Court, E.D. Arkansas · Dec 18, 2003

Jarrett was found by the Circuit Court to be liable to the plaintiffs under the Arkansas Civil Rights Act, which does not require both willful and malicious conduct in order to establish a violation of the plaintiffs’ civil … However, this section is clearly inapplicable to the facts as alleged.

In Re Lang

276 B.R. 716 · United States Bankruptcy Court, S.D. Florida. · Apr 25, 2002

The post-conversion 341 Meeting of Creditors was held on January 4, 2002 and a qualified Chapter 7 Trustee was duly appointed. … Rule Bank Pro 4003 that a trustee has thirty days to file an objection to a debtor’s exemptions clearly, for the Bell dissent, establishes a renewed period to object upon conversion. Id. at 223 , dissent.

Bell v. United States (In re Bell)

565 B.R. 702 · United States Bankruptcy Court, M.D. Florida · Jan 25, 2017

For a late Form 1040 to qualify as a tax return, it must represent an honest and reasonable attempt to satisfy the tax laws. … Second, for a late filing to constitute a return, the taxpayer must establish a “legitimate excuse or explanation” for his tardiness.

In Re Young Broadcasting Inc.

430 B.R. 99 · United States Bankruptcy Court, S.D. New York · Apr 19, 2010

The other two qualified bids offered to purchase the assets for $120 million. 9 . … The Credit Agreement does not require establishing a reserve account to satisfy the Debt in November 2012.

In Re CLE Corp.

59 B.R. 579 · United States Bankruptcy Court, N.D. Georgia · Mar 4, 1986

The assertion of creative defenses by a debtor is not sufficient to establish a bona fide dispute. … Accordingly, the Court concludes that each claim of the petitioners is not subject to bona fide dispute and each is qualified to be a petitioner in this involuntary case. C.

Wenzel v. Partsearch Technologies, Inc. (In Re Partsearch Technologies, Inc.)

453 B.R. 84 · United States Bankruptcy Court, S.D. New York · Jun 21, 2011

The commonality requirement is clearly met in this case. … The Class Members may find it difficult to establish liability because they must both (i) establish that all of the elements of a WARN Act claim are met, and (ii) overcome the Debtor’s affirmative defenses.

Lowell Holding Corp. v. Granovetter (In Re Granovetter)

29 B.R. 631 · United States Bankruptcy Court, E.D. New York · Apr 29, 1983

Finally, he clearly had a motive aside from any purportedly supplied by Ms. … It is well established that intent may be inferred from a person’s actions, and, indeed, there is often no other way to prove it.