Case law

Harris v. Chrysler Credit Corp. (In Re Charlie Bisang Chrysler-Plymouth, Inc.)

24 B.R. 350 · United States Bankruptcy Court, N.D. Ohio · Oct 29, 1982

The case does not deal with the specific problem at issue, i.e. lien perfection, and is clearly not in point. … At page 1232, the Court stated the issue as follows: [c]an the debtor of a secured party qualify as agent for the secured party in the capacity of the possessor of the property in which the secured interest in claimed.

In re Gerard

495 B.R. 850 · United States Bankruptcy Court, E.D. Wisconsin · Aug 7, 2013

Nevertheless, individual debtors qualify for chapter 11 relief, and the Supreme Court has held that the absolute priority rule applies to individual debtors. See Norwest Bank Worthington v. … Under § 1115, an individual’s estate includes post-petition property and earnings in addition to the pre-petition property established by § 541_ Initially, § 1115 creates a baseline estate of all the property covered by §

In Re Star Trust

237 B.R. 827 · United States Bankruptcy Court, M.D. Florida · Feb 18, 1999

The Court concludes that the trusts qualify as business trusts for relief under Chapter 11. *833 2. Bad faith. … While such a reserve may not preclude the Bank from employing the assets against which the reserve is established, the reserve is a liability on the books of the Bank and when established was a decrease in earnings.

In re Bos

561 B.R. 868 · United States Bankruptcy Court, N.D. Florida · Mar 11, 2016

Initially, Bos filed a list of 39 alleged qualifying creditors. … of them has twelve or more qualifying creditors.

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 Carsrud

161 B.R. 246 · United States Bankruptcy Court, D. South Dakota · Nov 30, 1993

Debtor also erred by stating the judgment was secured when it was clearly unsecured. Cars-rud moved to dismiss the case pursuant to the jurisdictional limits of Section 109(e). … Debtor managed to manipulate his financial affairs in a very short time in order to establish Chapter 13 eligibility and file a second petition just seven days after the first was dismissed.

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

In Re Dowling

415 B.R. 740 · United States Bankruptcy Court, N.D. California · Jan 5, 2009

Combined, the debtor’s annual income of $74,124 far exceeds the statutory threshold of $15,000 to qualify for the enhanced homestead exemption. … Income is defined as “undeniable accessions to wealth, clearly realized, and over which the taxpayers have complete dominion.” Commissioner of Internal Revenue v.

Shearer v. Titus (In re Titus)

566 B.R. 755 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 31, 2017

Having failed to establish the source of the Entireties Account funds, the Trustee argues the Debtor failed to establish the funds were spent on reasonable and necessary expenses. … That sort of purchase would not qualify as a necessity.

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.

Businger v. Storer (In Re Storer)

380 B.R. 223 · United States Bankruptcy Court, D. Montana · Nov 15, 2007

Intent to Deceive The first three elements of § 523(a)(2)(A), when taken together, establish the element of intent to deceive, which the creditor must establish by a preponderance of the evidence. … According to the Busingers, Lynxx simply was not qualified to perform the extensive type of work necessary to complete the Busingers’ home.

Barrett v. Commonwealth Federal Savings & Loan Ass'n (In Re Barrett)

104 B.R. 688 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 17, 1989

Three admittedly and apparently equally well-qualified real estate appraisers testified at the trial. The Debtors called two such witnesses. … Insolvency under the Bankruptcy Code is clearly established by a “balance sheet test,” i.e., a debtor is deemed insolvent only if his liabilities exceed his assets at the crucial point in time, here December 5, 1988, the

Feldman v. People First Fed. Credit Union (In re White)

600 B.R. 335 · United States Bankruptcy Court, E.D. Pennsylvania · May 7, 2019

To the contrary, it is clearly a question of law. … To establish that a transfer is exempt from the Trustee's avoiding power under the earmarking doctrine, the following three elements must all be established: The following are requirements for the earmarking doctrine: "(1

US Bank National Ass'n v. Petro Commercial Services Inc. (In re Interstate Bakeries Corp.)

499 B.R. 376 · United States Bankruptcy Court, W.D. Missouri · Jun 17, 2013

Attempting to establish Premium’s industry, Mr. … Corp., 3 F.3d 1029, 1033 (7th Cir.1993) which clearly uses the creditor industry analysis, as well as multiple other cases that stand for the same rule.

Kenoyer v. Cardinale (In re Kenoyer)

489 B.R. 103 · United States Bankruptcy Court, N.D. California · Mar 20, 2013

Kenoyer clearly would have violated the stay. In apparent recognition of this, counsel for Ms. Cardinale swiftly and promptly moved to sever Mr. … Pipe, which action would clearly be within the specific provisions of § 362(a) of the Bankruptcy Code.

In Re Duque

177 B.R. 397 · United States Bankruptcy Court, S.D. Florida. · Dec 13, 1994

the civil litigation. 2 Additionally, the Remand Order clearly directed that Duque would provide the Trustee with redacted documents. … The Trustee has produced a qualified expert witness, Professor Keith Rosenn of the University of Miami Law School, who testified to the effect that the Trustee lacked access to any effective discovery mechanism in Colombia

Foster v. Burns (In re Foster)

574 B.R. 19 · United States Bankruptcy Court, D. Maine · Aug 4, 2017

The record does, not clearly indicate what motions are currently before the State Court, the grounds, if any, Ms. … Foster's obligations under the Note, a dollar-for-dollar correlation between the proposed modification and the Note balance has not been clearly established. In the Chapter 13 Plan, Mr.

In Re Dietz

136 B.R. 459 · United States Bankruptcy Court, E.D. Michigan · Jan 10, 1992

The issue in INSLAW and Davis was whether the making of an informal proof of claim constituted a waiver of sovereign immunity. … That is obviously not the case here, however, as the liabilities referenced in both Beaver's formal and informal proofs of claim are clearly one and the same. 17 .

Walker v. Ferguson (In Re Import & Mini Car Parts, Ltd.)

136 B.R. 178 · United States Bankruptcy Court, N.D. Indiana · Apr 8, 1991

Walker is currently serving as the duly appointed and qualified trustee of this Chapter 7 bankruptcy estate. … The distributive scheme established by § 726 is not graven in stone.

In Re Palmas Del Mar Country Club, Inc.

443 B.R. 569 · United States Bankruptcy Court, D. Puerto Rico · Dec 29, 2010

to overcome the strong presumption against treating general unsecured claims as priority claims and that the members got what they paid for the moment it was paid, that is, membership in the club, therefore they do not qualify … Section is specifically conditioned upon the making, by a consumer, of a “deposit” prior to the commencement *573 of the bankruptcy proceeding and that the plain meaning of the word “deposit” is that it is a partial payment establishing