Case law

Southard v. Educational Credit Management Corp. (In Re Southard)

337 B.R. 416 · United States Bankruptcy Court, M.D. Florida · Jan 31, 2006

ECMC asserts that Plaintiffs testimony at trial established that he has unnecessary expenses. … No. 03-1503, Findings of Fact and Conclusions of Law dated March 15, 2004. • It is this Court’s finding that Plaintiffs loan qualifies for this program. [Def.

In re Republic Airways Holdings Inc.

573 B.R. 84 · United States Bankruptcy Court, S.D. New York · Aug 28, 2017

As this deadline was clearly set forth in the Rejection Order, Republic’s reliance on this bar date does not rise to the level of unfairness. … Not surprisingly, JMI fails to satisfy the four-part test to qualify the Rejection Mo *91 tion as an informal proof of claim. See In re Dumain, 492 B.R. at 149.

In Re Kotche

457 B.R. 434 · United States Bankruptcy Court, D. Maryland · Sep 22, 2011

From this evidence, the court finds that Debtor has clearly not been complete or forthright in her disclosures on Schedule B and answers on her Statement of Financial Affairs. … Bankruptcy Court for the Eastern District of New York held in In re Armstrong, 408 B.R. 559 (Bankr.E.D.N.Y.2009) that “the Second Circuit’s decision in Barbieri is no longer good law” after Marrama because “ ‘the important point established

In Re Collins

335 B.R. 646 · United States Bankruptcy Court, S.D. Texas · Dec 27, 2005

Thus, the Debtor clearly cannot rebut the presumption under a clear and convincing standard with any evidence that goes to his financial or personal affairs since the filing of his last case. … Indeed, if those were the standards, this Debtor might qualify for an extension of the stay.

In Re Hyde

222 B.R. 214 · United States Bankruptcy Court, S.D. New York · Jun 16, 1998

From the beginning it lacked an easily identifiable rationale; in 1789, the words of the Clause were more a slogan than a clearly defined legal rule, and in the preceding four centuries the slogan had stood for at least four … from summons in the hands of the client and retained that immunity in the hands of the attorney.”

In Re American Plumbing & Mechanical, Inc.

323 B.R. 442 · United States Bankruptcy Court, W.D. Texas · Feb 3, 2005

That, in turn, means that “benefit to the estate” must be established. “Ordinary course” is not a magic talisman that enables a claimant to evade the primary obligation of establishing a benefit to the estate. … necessary to ensure that the Debtors retain employees knowledgeable about the Debtors’ businesses, to provide an incentive for the Debtors' employees to continue to provide quality services to the Debtors at a time when they clearly

In Re Syrtveit

105 B.R. 599 · United States Bankruptcy Court, D. Montana · Sep 25, 1989

The retirement plans are qualified under § 401(a) of the Internal revenue Code. The three plans are as follows: (1) NTCA Retirement and Security Program. … Quite clearly, the rule contemplates that objections will be raised within 30 days of the meeting of creditors only as to exemptions scheduled before that meeting.

Green Mountain Bank v. Jamaica House, Inc. (In Re Jamaica House, Inc.)

31 B.R. 192 · United States Bankruptcy Court, D. Vermont · Apr 29, 1983

It clearly appears that there is substantial equity in such property and, since the business of the debtor is the operation of an Inn and Restaurant, the property is necessary for reorganization. … Some courts have qualified the foregoing rule that an equity cushion may in and of itself be sufficient to constitute adequate protection.

Brooks v. Charter Bank Northwest (In Re Brooks)

103 B.R. 123 · United States Bankruptcy Court, S.D. Texas · Feb 17, 1988

Clearly, if the partner’s rights are limited that a widow’s rights must also be limited. Although this case does not directly involve homesteads, it is analogous and indeed addresses the issue of a homestead claim. … The facts of the case established that a partnership owned certain real property and therefore, the individual partners could not claim a homestead interest in the property.

In Re Fibermark, Inc.

330 B.R. 480 · United States Bankruptcy Court, D. Vermont · Aug 16, 2005

Such production of Documents to the Examiner shall not be deemed to constitute a waiver of any privilege, doctrine, right, or immunity pertaining to such Documents (collectively, the “Privileges”) with respect to any third … Only those that fall within the established parameters of the privilege qualify for protection. In re Baldwin-United Corp., 38 B.R. 802, 804 (Bankr.S.D.Ohio 1984).

In Re Bobbitt

174 B.R. 548 · United States Bankruptcy Court, N.D. California · Sep 30, 1993

To qualify for protection under § 525(b), a debtor must establish that: 1) the defendant is debtor’s “employer,” 2) employment has been terminated or withheld, and 3) termination or withholding was based solely on the ground … Clearly, MFCU did not terminate the entire contract here.

Missouri Baptist College v. Johnson (In Re Johnson)

215 B.R. 750 · United States Bankruptcy Court, E.D. Missouri · Dec 3, 1997

In this case, Debtor executed a promissory note, which clearly evidences Debtor’s knowledge that Plaintiff extended credit on her behalf and that Debtor understood she owed a precise sum of money to the college. … As a profit institution, the debtor asserted that the credit union’s loan did not qualify under § 523(a)(8). In TI Fed.

Farmer v. Navient Solutions, LLC (In re Farmer)

567 B.R. 895 · United States Bankruptcy Court, W.D. Washington · May 4, 2017

The Bankruptcy Code clearly categorizes such claims as core matters. 28 U.S.C. § 157 (b)(2)(I). Navient presents no argument to the contrary. … This proceeding involves only the question of whether the Loan qualifies as the type of loan described in , subsection (a)(8).

McKinney v. McKinney (In re McKinney)

507 B.R. 534 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 18, 2014

This is clearly insufficient to meet the Debtor’s own, admitted liquidation analysis minimum threshold of $109,029.54. … Property, it is clearly not essential for the support of the Debtor.

Archibald v. United Student Aid Funds, Inc. (In Re Archibald)

280 B.R. 222 · United States Bankruptcy Court, S.D. Indiana · Jun 3, 2002

Archibald had the burden of proving that she qualifies for a “hardship discharge.” … At a minimum, the Debtor would have had to establish all the elements of “undue hardship” for the Court to consider such relief.

Ryan v. Defense Finance & Accounting Service (In re Ryan)

566 B.R. 151 · United States Bankruptcy Court, E.D. North Carolina · Apr 4, 2017

In support of the contention that he was technically qualified for MOS 15W, the Plaintiff emphasizes that the results of his medical assessments performed during the discharge proceedings established that he was fit for duty … The Regulations’ examples of conditions under which repayment of an unearned bonus will not be sought are situations that are clearly beyond a service member’s control and do not involve any type of misconduct by the service

In re Energy Future Holdings Corp.

588 B.R. 371 · United States Bankruptcy Court, D. Delaware · Aug 1, 2018

"To establish an administrative claim under this section, there must be (1) a post-petition transaction between the claimant and the estate and (2) a benefit to the estate." … Energy Future Holdings Corp. , 575 B.R. at 626 ("With the deal now clearly dead, NextEra still took no action to terminate the Merger Agreement.

In Re 200 Woodbury Realty Trust

99 B.R. 184 · United States Bankruptcy Court, D. New Hampshire · Apr 5, 1989

This followed a hearing before this court on February 6,1989, set by a sua sponte order of the court, as to whether the debtor as a realty trust was a qualified debtor for bankruptcy purposes. … The trustee’s contrary contentions depend to a large extent upon inferences not clearly established even in the offers of proof.

S.B.R. Investments, Ltd. v. Luxa-LeBlanc (In Re Luxa-LeBlanc)

404 B.R. 793 · United States Bankruptcy Court, M.D. Pennsylvania · Apr 17, 2009

. § 523 (a)(2)(A) can be reviewed in light of the established common law of fraud. Field v. Mans, 516 U.S. 59 , 116 S.Ct. 437 , 133 L.Ed.2d 351 (1995). … the Internal Revenue Code, specifies: (d) Definitions. — For purposes of this section— (1) Qualified education loan. — The term “qualified education loan” means any indebtedness incurred by the taxpayer solely to pay qualified

Kris Daniel Roglieri

United States Bankruptcy Court, N.D. New York · Apr 28, 2026

Oliver has not established a prima facie claim for constructive dispossession. … To do otherwise would be to discourage qualified, dedicated individuals from serving and/or hinder them in the vigorous discharge of their duties.