Case law

Schwartz v. HomEq Servicing (In Re Schwartz)

461 B.R. 93 · United States Bankruptcy Court, D. Massachusetts · Aug 22, 2011

executed agreement that assigns the pool of mort *95 gages, with a schedule of the pooled mortgage loans that clearly and specifically identifies the mortgage at issue as among those assigned, may suffice to establish the … The custodial log establishes that Deutsche received Ms.

In Re Beverages International Ltd.

50 B.R. 273 · United States Bankruptcy Court, D. Massachusetts · Jun 21, 1985

To establish that subordination is an appropriate remedy the following elements must be established: (i) the claimant must have engaged in some type of inequitable conduct; (ii) the misconduct must have resulted to the creditors … Thus § 510(c) permits the court to establish degrees of subordination.

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.

Fuller v. United States (In Re Fuller)

204 B.R. 894 · United States Bankruptcy Court, W.D. Pennsylvania · Feb 3, 1997

The name, address and telephone number of the creditor are clearly shown in the section of the Claim form entitled “name of creditor.” … The Claim is clearly signed by an IRS employee and the signature is legible.

In re Fakhari

554 B.R. 250 · United States Bankruptcy Court, D. Kansas · Jul 12, 2016

However, as clearly established, by virtue of the homestead exemption a judgment lien never attached to the Residence. 18 By virtue of Rayne’s prepetition garnishment of the Debtor’s wages, Rayne attached and retained $379.83 … Rayne failed to proffer newly discovered evidence not previously available or that clearly establishes a manifest error of law or fact.

Murphy v. U.S. Department of Education (In re Murphy)

535 B.R. 97 · United States Bankruptcy Court, W.D. Pennsylvania · Aug 13, 2015

Further, this amount could clearly be reduced based upon one of the repayment options available to Plaintiff. In fact, if Plaintiff were to enroll in IBR, his payment would be reduced to $0. … More significantly, it does not establish that Plaintiff is unemployable.

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

300 B.R. 740 · United States Bankruptcy Court, N.D. California · Oct 3, 2003

He explored the possibility of establishing a location himself, but “the process appeared to be far too difficult”. … “Good faith is measured by the debtor’s ‘efforts to obtain employment, maximize income, and minimize expenses.’ ” [citations omitted]; see also Pena, 155 F.3d at 1114 (holding that bankruptcy court did not clearly err in

In Re Blue Stone Real Estate, Construction & Development Corp.

392 B.R. 897 · United States Bankruptcy Court, M.D. Florida · Aug 9, 2008

Oscher is well qualified to perform and assume the duties of CRO in each of these cases; (ii) Mr. … Oscher is well qualified to assume the responsibilities of CRO; and (iv) the Debtors’ principal, Mr.

In Re Johnson

61 B.R. 858 · United States Bankruptcy Court, D. South Dakota · Jun 4, 1986

The City essentially contends that the debtor’s ownership interest, her nursing home occupancy, and the multiple property transfers clearly prove that the debtor has improperly claimed a homestead exemption under South Dakota … Under South Dakota law, mere absence from her home due to. health reasons, even for a long period of time, is not itself sufficient to establish that the debtor has never acquired a homestead or has subsequently abandoned

Kurtzman v. National Union Fire Insurance (In Re J.T. Moran Financial Corp.)

147 B.R. 335 · United States Bankruptcy Court, S.D. New York · Nov 12, 1992

The complaint clearly charges Goldberg with violating established company policy and breaching his fiduciary duty by trading for his own account for the purpose of making money without covering his open trading accounts. … If Goldberg’s proscribed securities transactions did qualify as dishonest or fraudulent acts within the meaning of the Bond (which they do not), the transactions of November 15 and 16, 1989 would not be covered by the bond

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”.

Cox v. Grube (In re Grube)

500 B.R. 764 · United States Bankruptcy Court, C.D. Illinois · Jan 29, 2013

SUZANNE, as sole shareholder of both entities, clearly had notice of the action on INC’s behalf, and based on the amount of the transfers alleged, must have known that the TRUSTEE was seeking to recover transfers which the … In establishing a prima facie case under section 550(a)(1), the intent of the debtor to benefit one other than the transferee is not necessarily a fraudulent intent.

Gonzales v. Saul Ewing, LLP (In Re Vaughan)

471 B.R. 263 · United States Bankruptcy Court, D. New Mexico · Apr 30, 2012

A witness may be qualified by “knowledge, skill, experience, training, or education.” Id. … The “proponent of expert testimony must establish his expert is qualified and his testimony is admissible by a preponderance of the evidence.” Poust v. Huntleiqh Healthcare, 998 F.Supp. 478, 490 (D.N.J.1998).

Midwest Generation EME LLC v. Estes Group, Inc. (In Re Estes Group, Inc.)

299 B.R. 502 · United States Bankruptcy Court, N.D. Illinois · Sep 17, 2003

If there is no contract between the owner and the contractor under the terms of which a hen may be established, then the person furnishing material to a subcontractor can not establish a hen for such material. *507 Douglas … Unlike the NSA, the Subcontract between Alford and Estes clearly subcontracted Estes’ CSA obligations with MWG to Alford.

Harris v. Winters (In re Winters)

12 B.R. 129 · United States Bankruptcy Court, S.D. Florida. · Jun 29, 1981

The plaintiff, Herb Harris, is duly qualified and acting trustee of the debtor who is the defendant in this proceeding. The complaint upon which this matter was tried was brought on two (2) grounds, as follows: A. … The plaintiff has established a sufficient basis under Section 727(a)(3) of the denial of the debtor’s discharge.

In Re Smihula

234 B.R. 240 · United States Bankruptcy Court, D. Rhode Island · May 24, 1999

The amendment states clearly that the Court cannot consider whether a debtor “has made or continues to make ” charitable contributions, when determining substantial abuse. … This language, which needs no interpretation or construction, requires that as of the petition date the debtor had established a history of charitable giving.

In Re Gurney's Inn Corp. Liquidating Trust

215 B.R. 659 · United States Bankruptcy Court, E.D. New York · Dec 1, 1997

Clearly this is not what Congress intended when it enacted Article I, § 8, Cl. 4 of the Constitution which provides that “Congress shall have the power ... to establish ... uniform laws of the subject of bankruptcies.” … In that case, the court observed that examination of the trust documents is essential to a just determination of whether a trust qualifies as a business trust.

Whiteley v. Slobodian (In re Mechanicsburg Fitness, Inc.)

592 B.R. 798 · United States Bankruptcy Court, M.D. Pennsylvania · Nov 2, 2018

Unfortunately, the Bankruptcy Code does not expressly define who qualifies as a "party in interest" for purposes of *804 section 502. … The circumstances of this case clearly support this concept. The court also notes that the Trustee has not argued that application of the text of section 502(a) will yield absurd results.

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 Wilkinson

402 B.R. 756 · United States Bankruptcy Court, W.D. Texas · Apr 10, 2009

The Texas Property Code’s use of the term “firearm” is not ambiguous and, under the common meaning of the term firearm, the Wilkinsons’ Guns are very clearly firearms. … 1935, 44th Leg., p. 384, ch. 145, § 1, reprinted Tex.Rev.Civ.Stat.Ann., art. 3832 (repealed) (Vernon 1968); Acts 1973, 63rd Leg., p. 1628, ch. 588, § 3 reprinted Tex.Rev.Civ.Stat.Ann., art. 3836 (repealed) (Vernon 1975) (establishing