Case law

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.

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).

Golden v. Guardian (In Re Lenox Healthcare, Inc.)

343 B.R. 96 · United States Bankruptcy Court, D. Delaware · Jun 1, 2006

Guardian argues that because the Debtor was solely liable for employee claims and Guardian was merely the Debt- or’s agent, it clearly was a conduit. … As such, the Trustee must establish each element of section 547(b), including section 547(b)(5).

Santiago v. Hernandez (In Re Hernandez)

452 B.R. 709 · United States Bankruptcy Court, N.D. Illinois · Jun 25, 2011

The Court stated: “Illinois courts do not favor punitive damages and insist that plaintiffs must establish ‘not only simple fraud but gross fraud, breach of trust, or other extraordinary or exceptional circumstances clearly … While in this case, fraud was clearly established, the court does not find that it was so gross as to warrant punitive damages.

In Re Big Rivers Electric Corp.

233 B.R. 726 · United States Bankruptcy Court, W.D. Kentucky · Jan 12, 1998

LG & E appeared at that time and submitted a qualifying bid under the terms of the Bidding Process Order. The LG & E bid offered $50,000,000.00 more in value to BREC creditors than did the PKEC Plan. … Therefore, the Agreement between BREC and PKEC was clearly not an Executory Contract.

In Re Lisowski

395 B.R. 771 · United States Bankruptcy Court, M.D. Florida · Sep 23, 2008

In Florida’s Constitution of 1868, for the first time, the exemption of the homestead from forced sale was established. … Clearly, the statute adopted in 1869 would not have been necessary if the Constitution of 1868 included an exemption for homesteads located on leased land.

Sears, Roebuck & Co. v. Johannsen (In Re Johannsen)

160 B.R. 328 · United States Bankruptcy Court, W.D. Wisconsin · Sep 29, 1993

Born in 1959, Barbie turns 34 this year — thus qualifying her as a “baby boomer.” 2 Although neither Barbie nor her manufacturer is in bankruptcy, this case is about Barbie dolls. … Given the absence of fraudulent intent, moreover, this was clearly not a case of “loading up” — where a debtor goes on a credit buying spree in contemplation of bankruptcy.

Bello Paradiso, LLC v. Hatch (In re Hatch)

465 B.R. 479 · United States Bankruptcy Court, W.D. Michigan · Feb 12, 2012

It does qualify, however, as conversion that must be excepted from discharge under 11 U.S.C. § 523 (a)(6). Compare Kasishke v. … The admissions in the email included within Exhibit 19 clearly establish that Mr. Hatch acted willfully.

In re Jackson

484 B.R. 141 · United States Bankruptcy Court, S.D. Texas · Dec 5, 2012

Because MHKH has Failed to Conduct a Sufficient Conflicts Check, the Trustee has Failed to Establish that MHKH is a Disinterested Party Pursuant to § 327(a), the Trustee must also establish that MHKH is a disinterested party … The Trustee has failed to establish that Hyland is the most qualified to take on either role.

In Re Kilgore Meadowbrook Country Club, Inc.

315 B.R. 412 · United States Bankruptcy Court, E.D. Texas · Sep 9, 2004

Even her adversaries in this dispute acknowledge her successful management of the Club in that time period and the record clearly establishes that no allegation of any type of negligence, mismanagement, or breach of fiduciary … Eggers but drawn upon the bank account of JVE Corporation d/b/a Cross Creek Ranch. 20 The evidence also clearly establishes that the Debtor and its management believed that the cash deposits which it had accepted had created

Dodson v. Wessex Mining Corp. (In Re Boden Mining Corp.)

11 B.R. 562 · United States Bankruptcy Court, S.D. West Virginia · Mar 3, 1981

“Machinery,” though not defined in the Code, clearly is a component of equipment. The coal cleaning plant is comprised of both machinery and equipment. … The UCC establishes priorities among conflicting security interests in the same collateral.

In Re Dow Corning Corp.

215 B.R. 346 · United States Bankruptcy Court, E.D. Michigan · Nov 20, 1997

It felt that a finding of immunity would have impacted the claim in the same way as a plenary trial (a liquidation) would have had the claimant lost. … As in UNR, the debtor also claimed immunity based on the government-contractor defense. Id.

In re Aloha Racing Foundation, Inc.

257 B.R. 83 · United States Bankruptcy Court, N.D. Alabama · Dec 20, 2000

The burden is not on Kolius and the Trustee to conclusively establish that he would be successful at a trial on these issues. … Thus, they contend that Kolius’s actions clearly fall within the Seatrain definition of professional.

In Re Cmgt, Inc.

402 B.R. 262 · United States Bankruptcy Court, N.D. Illinois · Mar 17, 2009

Section 141(b) states, in pertinent part: Each director shall hold office until such director’s successor is elected and qualified or until such director’s earlier resignation or removal. … Franco’s subsequent employment with another company also demonstrates that both CMGT and Franco clearly understood that he had resigned from CMGT.

In Re Rogers

239 B.R. 883 · United States Bankruptcy Court, E.D. Texas · Oct 14, 1999

Clearly a secured party has a right to adequate protection of its interests *890 as provided by §§ 361-363 of the Code. … demonstrating that the subject vehicle was depreciating when the Bank had not clearly done so. 3 .

McGovern v. Capparelli (In Re Capparelli)

33 B.R. 360 · United States Bankruptcy Court, S.D. New York · Oct 5, 1983

The legislative history of the Bankruptcy Code reflects that Congress clearly intended to provide a standard of intentional and deliberate conduct, not merely reckless conduct, in promulgating Section 523(a)(6). … The debtor’s actions herein most assuredly qualify as a bold, deliberate, intentional injury committed without any justification.

In Re Bray

365 B.R. 850 · United States Bankruptcy Court, W.D. Tennessee · Apr 11, 2007

Despite its use in various sections, BAPCPA does not define what does or does not qualify as a purchase money security interest. … Clearly, this would be an absurd result and not one which the legislature intended.

In Re Soter

26 B.R. 838 · United States Bankruptcy Court, D. Vermont · Jan 17, 1983

Sec. 101 does not vest in a natural person the absolute right to a homestead exemption but it is qualified by the words, “except as hereinafter provided”. … It has been established that this debtor obtained the proceeds for the $25,000.00 down payment from relatives. Chittenden seems to misconstrue the meaning of § 109.

Coppola v. Wells Fargo Bank, N.A. (In re Coppola)

596 B.R. 140 · United States Bankruptcy Court, D. New Jersey · Nov 1, 2018

Our Client's paystubs clearly show gross income of $2,993.05 per individual bi-monthly [sic, bi-weekly] pay period for our Client alone, or a monthly gross income of approximately $6,484.94. … However, where an owner or assignee has established an evaluation criteria that sets an order ranking for evaluation of loan modification options (commonly known as a waterfall) and a borrower has qualified for a particular