Case law

In re Swindle

584 B.R. 259 · United States Bankruptcy Court, N.D. Illinois · Feb 7, 2018

Moreover, testimony of the victim is permitted to prove the "[T]hree elements [are] required for emotional distress damages: (1) significant harm; (2) clearly established; and (3) with a causal connection between the stay … This proceeding qualifies as an extraordinary circumstances because Debtor's counsel had to litigate an adversary hearing.

In Re King

461 B.R. 789 · United States Bankruptcy Court, D. Alaska · Oct 25, 2010

He says Angel’s claim is clearly one for property settlement, which should be allowed as a general unsecured claim. … Angel is the debtor’s former spouse and the debt was established by an order of a court of record.

In Re Flynn

238 B.R. 742 · United States Bankruptcy Court, N.D. Ohio · Aug 18, 1999

Thus, the sole question to the Court becomes whether Pamela Smith’s cause of action against the Debtor, in conjuncture with her prejudgment garnishment order, would qualify for purposes of § 522(c)(2) as “a debt secured by … Finally, the legislative history of § 101(37) states that the definition of a “lien” includes “judicial liens,” 5 and case law addressing the issue has clearly held that “judicial liens” encompass prejudgment attachment and

Gonzales v. DPI Food Products Co. (In Re Furrs Supermarkets, Inc.)

296 B.R. 33 · United States Bankruptcy Court, D. New Mexico · Aug 4, 2003

Plaintiff has established that the payments were made weeks or months after delivery of the product. … Pretty clearly that is a fact-intensive inquiry, which has been recognized by a number of courts. E.g., Lawson v. Ford Motor Co.

Cleveland v. Cleveland (In Re Cleveland)

198 B.R. 394 · United States Bankruptcy Court, N.D. Georgia · Jul 16, 1996

A creditor bears the initial burden of establishing that the debt owed to it actually arose in connection with a divorce or separation agreement. See In re Taylor, 191 B.R. 760, 764 (Bankr.N.D.Ill.1996). … Consequently, the Debtor fails to qualify for discharge under the first prong of section 523(a)(15). II.

Tennessee Department of Corrections v. Farnsworth (In Re Farnsworth)

283 B.R. 503 · United States Bankruptcy Court, W.D. Tennessee · Sep 16, 2002

Although no specific provisions concerning the dischargeability of criminal fines existed under the former Bankruptcy Act of 1898, the exception was well established in ease law that criminal fines were not affected by a … (A) the allegation of poverty is untrue; or (B) the action or appeal'— (1) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune

Schubiner v. Zolman (In re Schubiner)

590 B.R. 362 · United States Bankruptcy Court, E.D. Michigan · Sep 18, 2018

But that clearly is not what the contract says. The contract clearly says only that Scott would assign an amount "equivalent" to what Shelley applied and paid for. … That section covers a debt established by, among other things, a "separation agreement" that does not otherwise qualify as a DSO (because, for example, it is not "in the nature of alimony, maintenance, or support").

Grant, Konvalinka & Harrison, P.C. v. Still (In re McKenzie)

471 B.R. 884 · United States Bankruptcy Court, E.D. Tennessee · Mar 30, 2012

It argued that “if McKenzie suffered a legally cognizable injury resulting from the events described in the complaint as occurring on December 10, 2008, clearly McKenzie either knew, or should have known, the facts sufficient … These facts establish core jurisdiction based on the authority cited above.” Id. at *36 .

Dowden v. Cross County Bank (In re Brittenum & Associates, Inc.)

97 B.R. 503 · United States Bankruptcy Court, E.D. Arkansas · Aug 28, 1987

In order to qualify the funds as special accounts or funds held in trust, the bank must be made aware that the deposit is for a special purpose. United States v. … The Bank was clearly on notice of the nature of CD 9545 and savings account 01-494852-10.

Moxey v. Pryor (In re Moxey)

522 B.R. 428 · United States Bankruptcy Court, E.D. New York · Nov 26, 2014

Pryor was qualified as the permanent Chapter 7 Trustee of Debtor’s bankruptcy case (the “Trustee”). … Subjecting plaintiff to the deprivation of rights, privileges, and immunities secured under the Constitution and laws of the United States. Title 18 U.S.C.

Estate of Reich v. Burke (In Re Reich)

54 B.R. 995 · United States Bankruptcy Court, E.D. Michigan · Nov 18, 1985

On the day the trustee was appointed, but before he could qualify as trustee, the property of the estate was destroyed by fire. … In establishing a distinction between a trustee’s personal liability and his “official” liability, that decision misinterpreted established law, and it has been justly criticized on this point.

Fuller v. U.S. Department of Education (In Re Fuller)

296 B.R. 813 · United States Bankruptcy Court, N.D. California · Mar 13, 2003

Clearly, the Debtor could not pay these loans in full within their terms by paying $785 per month. … The Debtor clearly had the ability to make some payments on the student loans during the last five years.

Nilsen v. Massachusetts Department of Revenue (In re Nilsen)

542 B.R. 640 · United States Bankruptcy Court, D. Massachusetts · Dec 14, 2015

In so doing, Congress clearly expanded the class of requirements that, when they are not met, preclude dis-chargeability.”) … In so doing, Congress clearly expanded the class of requirements that, when they are not met, preclude discharge-ability.

Kelley v. Opportunity Finance, LLC (In re Petters Co.)

532 B.R. 100 · United States Bankruptcy Court, D. Minnesota · Jun 11, 2015

Clearly, the Trustee framed his amended pleading in mind of the 2012 amendment, anticipating that the movants would assert the exception for charitable contributions. … One such shortcut is the rebuttable presumption of fraudulent intent that arises on the establishment of sufficient circumstantial badges of fraud.

In Re Williams

51 B.R. 249 · United States Bankruptcy Court, S.D. Indiana · Jan 24, 1984

The debtors have failed to establish the contingent, unliquidated nature of the SBA’s claim. … Even if the debtors did qualify for Chapter 13 treatment, this Court would reject their plan since it was not proposed in good faith.

In Re Pittston Stevedoring Corp.

40 B.R. 424 · United States Bankruptcy Court, S.D. New York · May 24, 1984

The burden of establishing a right to preferential treatment under the statute as drawn rests upon the claimant.” Id. at 469. That court also stated that the term wages “should be used in its lay and colloquial meaning. … CONCLUSION This Court concludes based upon the foregoing analysis that the debt owed to the FBEF by Pittston does not qualify as a priority claim under Section 507 of the Code.

In Re Halpern

229 B.R. 67 · United States Bankruptcy Court, E.D. New York · Jan 22, 1999

These exhibits clearly demonstrate that no court that has addressed any aspect of this dispute has perceived any merit to Halpern’s position. … Therefore, this observation does not qualify as controlling authority in this Circuit and unduly restricts the broad 'for cause' standard found in § 1112(b).

Bank One, Portsmouth, N.A. v. Dettwiller (In Re Dettwiller)

156 B.R. 540 · United States Bankruptcy Court, S.D. Ohio · Jul 1, 1993

Kubota, however, argues that the present record is sufficient to establish that the sale was not in the ordinary course of business. It says that this record establishes that Charles B. … The parameters of good faith are not clearly delineated by the case law. See Martin Marietta Corp. v. N.J.

In Re 6200 Ridge, Inc.

69 B.R. 837 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 6, 1987

There is a reasonable likelihood that Continental will meet its burden at the final *839 hearing of establishing that the debtor does not have equity in the property. 4. … Clearly, the pledge is relevant for adequate protection purposes under § 362(d)(1). See Commonwealth of Pennsylvania School Employees Retirement Fund v.

Wells Fargo Bank, N.A. v. Courson (In Re Courson)

409 B.R. 516 · United States Bankruptcy Court, E.D. Washington · Jun 24, 2009

This definition clearly applies to Buxton, “a person having an interest ... in the collateral, whether or not the person is an obligor.” … Therefore those checks do not qualify as “proceeds” of Wells Fargo’s collateral under R.C.W. 62A.9A-102(64)(E).