Case law

In Re Brooks

60 B.R. 155 · United States Bankruptcy Court, N.D. Texas · Mar 27, 1986

Radiology Associates established a qualified Defined Contribution Plan in 1968 which it has maintained since that time known as the “Profit Sharing and Thrift Plan of Radiology Associates of Port Worth” (“the Plan”). … Furthermore, the Debtor’s current wages are clearly exempt under Texas law. 17. The above conclusions of law shall constitute findings of fact wherever appropriate. IT IS SO ORDERED. 1 .

In Re DeLiguori

146 B.R. 52 · United States Bankruptcy Court, D. New Hampshire · Sep 11, 1992

The Court discussed the issue at bar thus: Property that is properly exempted under § 522 is (with some exceptions) immunized against liability for prebankruptcy debts. § 522(c). … No property can be exempted (and thereby immunized), however, unless it first falls within the bankruptcy estate.

Wayne Manor, Inc. v. Department of Public Welfare (In Re Wayne Manor, Inc.)

94 B.R. 240 · United States Bankruptcy Court, D. Massachusetts · Jul 15, 1988

After the purchase of the assets of Mare-gan Manor, the Department, as was its custom in order to establish a permanent rate, audited interim payments made to Maregan Manor and Stadium Manor. … This Court is following the First Circuit in considering sovereign immunity and Eleventh Amendment to be the same. WJM, 840 F.2d, at 1001, fn. 5 . 2 .

In re Jensen

496 B.R. 615 · United States Bankruptcy Court, D. Utah · Jul 26, 2013

The Trustee objected specifically that the Debtors must establish that they filed their petition in good faith and that they did not initiate the voluntary retirement contributions for the sole purpose of maximizing the deductions … While Congress expressed a desire that “debtors repay creditors the maximum they can afford,” 36 Congress also stated that BAPCPA allows debtors to shelter some retirement accounts. 37 Therefore, “Congress clearly intended

Brandt v. American National Bank & Trust Co. (In Re Foos)

188 B.R. 239 · United States Bankruptcy Court, N.D. Illinois · Oct 26, 1995

In order to establish constructive fraud, the transfer must have been made for “less than a reasonably equivalent value.” … Both of these transfers clearly qualify as “reasonably equivalent value” and the Trustee has, therefore, failed to state a claim that such transfers can be avoided under § 548(a)(2) or Illinois law. *245 The Trustee has also

Dixon v. World Finance Corp. (In Re Dixon)

435 B.R. 768 · United States Bankruptcy Court, N.D. Georgia · Jun 15, 2010

Lastly, the moving party has the burden oí establishing the right of summary judgment. Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991); Clark v. Union Mut. Life Ins. … The applicable statutory language in footnote 5 of 12 C.F.R. § 226.4 (d)(2) clearly states that all subrogation rights must be waived.

United States v. Cassidy (In Re Cassidy)

213 B.R. 673 · United States Bankruptcy Court, W.D. Kentucky · Jun 30, 1997

Pursuant to those three programs, Defendant would render services to patients who qualified to receive services in accordance with the guidelines of those programs, and would then submit claims to CHAMPUS, Medicaid and Medicare … This Court clearly does *678 have jurisdiction over Plaintiffs False Claims Act claim under 28 U.S.C. §§ 157 and 1334.

Shell

478 B.R. 889 · United States Bankruptcy Court, N.D. Indiana · Aug 14, 2012

Under § 522(b)(1), the debtor may utilize either the exemptions established by federal law, or the exemptions established by the particular state in which the debtor is domiciled, as determined under 11 U.S.C. § 522 (b)(3 … It follows that the Debtor in this case does not qualify to claim the Illinois exemptions as she no longer resides in Illinois.

In Re Dever

250 B.R. 701 · United States Bankruptcy Court, D. Idaho · Jul 21, 2000

This provision allows taxpayers to claim a credit against tax liability in a taxable year of $500.00 for each qualifying child. 26 U.S.C. § 24 (a). … Jones established that the earned income credit can be properly viewed as “public assistance legislation” as that term is used in the Idaho exemption statutes.

Federal Deposit Insurance Corp. v. Figge (In Re Figge)

94 B.R. 654 · United States Bankruptcy Court, C.D. California · Oct 31, 1988

This Court will not immunize debtor’s guilty conduct just because one of the bank’s own officers was successfully solicited to help defraud the bank and the public. Such a result would be unconscionable. … Figge clearly intended to raise millions of dollars based on the misrepresentations and fraud set forth above, to save his $2 million worth of Hawaiian real estate from foreclosure.

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

107 B.R. 963 · United States Bankruptcy Court, D. South Dakota · Aug 16, 1989

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 … Judge Devitt, in Leckband , focused solely on borrower’s rights and noted that a prior owner of farm land acquired by a Farm Credit System institution is “clearly a person for whose special benefit § 1229a [sic] was enacted

In re Trump Entertainment Resorts, Inc.

519 B.R. 76 · United States Bankruptcy Court, D. Delaware · Oct 20, 2014

The Union’s refusal to negotiate qualifies for the finding that it rejected the Proposal without good cause. See, e.g., In re Garofalo’s Finer Foods, 117 B.R. 363, 371 (Bankr. N.D.Ill.1990). 6. … These factors clearly militate in favor of rejection. Most importantly, liquidation will result if the Court denies the Motion.

A.J. Rinella & Co. v. Bartlett (In Re Bartlett)

367 B.R. 21 · United States Bankruptcy Court, D. Massachusetts · Apr 12, 2007

Thus, say the Debtors, they have paid some or all of the invoices upon which Rinella relies to establish its debt. … And, having failed to establish a trust, Rinella has no basis upon which to establish the fiduciary relationship necessary to establish the nondis-chargeability of its claim under § 523(a)(4) of the Bankruptcy Code.

Stevenson v. Genna (In Re Jackson)

426 B.R. 701 · United States Bankruptcy Court, E.D. Michigan · Mar 26, 2010

The second element of a defense under § 550(b)(1), that is “good faith”, is not defined in the bankruptcy code, nor has the term been clearly defined by the Sixth Circuit Court of Appeals. … The court was satisfied that the affidavit established that the law firm took funds from the initial transferee “without knowledge”.

In Re Reading Broadcasting, Inc.

386 B.R. 562 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 12, 2008

Victor had never been qualified as an expert to provide opinion testimony under Fed.R.Evid. 702. … PTN offers no evidence that a qualified, interested bidder was prevented or discouraged from submitting an offer.

Stennis v. Davis (In re Davis)

486 B.R. 182 · United States Bankruptcy Court, N.D. California · Jan 23, 2013

Plaintiff relies on the state court judgment for breach of fiduciary duty to establish collateral estoppel. … The crucial question for this court is whether Defendant’s fiduciary status determined to be an agent business manager/financial advisor qualifies as fiduciary under § 523(a)(4).

In Re Healis

49 B.R. 939 · United States Bankruptcy Court, M.D. Pennsylvania · Jun 10, 1985

The second portion of Claim No. 2, pertaining to the penalties due on the 1980, 1981 and 1982 taxes, fails to qualify for priority status. … It is well established that in order to provide a secured creditor with the value of his secured claim “as of the effective date of the plan,” the debtor must pay interest on that claim.

In Re Lederman

140 B.R. 49 · United States Bankruptcy Court, E.D. New York · May 18, 1992

RTC argues that Charter Federal reasonably relied on written materials produced by Rezak in its determination to establish the *52 requested credit line. … By so doing, Rezak clearly waived his right to assert the privilege against self-incrimination regarding the documents production now requested by the RTC.

Neilson v. Laing (In Re Laing)

329 B.R. 761 · United States Bankruptcy Court, M.D. Florida · Aug 1, 2005

Clearly, that was legally insufficient to challenge and to overcome the presumptive validity of the Debtor’s claim to exempt these items. … Moreover, the Slatkin Trustee was unable to present any evidence whatsoever that these accounts were not qualified as retirement accounts required by Fla.Stat. 222.21(2)(a).

In Re Cadillac Ex Rel. DeLorean & DeLorean Cadillac, Inc.

265 B.R. 574 · United States Bankruptcy Court, N.D. Ohio · Aug 9, 2001

Because the statements in the petitions were not true, and because Judge Carroll was protected by judicial immunity, this Court granted summary judgment to DeLorean and Judge Carroll and dismissed the petitions. … Hayden, 30 B.R. 409 (E.D.Tenn.1983) (punitive damages awarded against petitioners where they knew that they did not qualify as petitioning creditors).