Case law

In Re Stedman

72 B.R. 49 · United States Bankruptcy Court, D. North Dakota · Mar 2, 1987

FLB alleges that the Debtors do not qualify as family farmers because their debts exceed the $1,500,000.00 limitation, and that the Debtors’ current petition was filed in bad faith. … Nevertheless, the legal relationship is clearly such that the Debtors are indebted to CCC in consequence of loans obtained from CCC. See In re Martin, 761 F.2d 472 (8th Cir.1985).

In Re Frazier

116 B.R. 675 · United States Bankruptcy Court, W.D. Wisconsin · Jul 25, 1990

Because the debtor chose the exemptions under Section 522(b)(1), his disability benefits qualify for exemption, if at all, only under Section 522(d)(10). … The trustee has failed to establish that the debtor’s claimed exemptions should not be allowed.

Cavros v. Fleet National Bank (In Re Cavros)

262 B.R. 206 · United States Bankruptcy Court, D. Connecticut · Apr 26, 2001

Both Fleet and the debtor rely on the terms of the Agreement to establish the Agreement’s intent. … Under these definitions, it appears that the obbgation in this case does qualify as a mortgage at common law. The transaction involved the conveyance of an estate ... to secure the payment of money due....

Sender v. Cygan (In re Rivera)

513 B.R. 742 · United States Bankruptcy Court, D. Colorado · Jun 13, 2014

of a deed in the United States is an original instrument written into a 1627 record book of [Plymouth] colony.” 85 “By the time of the Revolution, the English colonies all had adopted laws for recording conveyances.” 86 Clearly … As discussed in the previous section, it has been well established that a right does not vest until it no longer is dependent on the existence of a statute or common law.

Vylene Enterprises, Inc. v. Naugles, Inc. (In Re Vylene Enterprises, Inc.)

63 B.R. 900 · United States Bankruptcy Court, C.D. California · Aug 13, 1986

Clean Hands To qualify for equitable relief such as a preliminary injunction, a party seeking such relief normally must come before the Court with clean hands. … However, a mere reduction in patronage, while suggesting a causal connection, falls substantially short of establishing such a connection. 14 This evidence is thus likewise inconclusive. VI.

In Re Harker

241 B.R. 357 · United States Bankruptcy Court, M.D. Pennsylvania · Oct 27, 1999

Several of the Model rules articulate procedures clearly at odds with Conlon’s relationship to his client, J. Nevin White. … Section 303 of the Bankruptcy Code identifies, with limited exceptions, that any person qualifying under the chapter at issue may be the subject of an involuntary petition.

In Re Armstrong

409 B.R. 629 · United States Bankruptcy Court, E.D. New York · Aug 6, 2009

Therefore, she argues that the Trustee cannot establish bad faith sufficient to deny dismissal of the case. … In a footnote, the Court stated: We have no occasion here to articulate with precision what conduct qualifies as “bad faith” sufficient to permit a bankruptcy judge to dismiss a Chapter 13 case or to deny conversion from

O'Donnell v. New Hampshire Higher Education Assistance Foundation (In Re O'Donnell)

198 B.R. 1 · United States Bankruptcy Court, D. New Hampshire · Jun 25, 1996

USA is an established company and has various products relating to access to the Internet which is currently a growth area in the computer industry. … She gave the $7,000 to her father to use as a down payment on a condominium that she is presently living in since she herself could not qualify for a mortgage according to her testimony.

In Re Perry H. Koplik & Sons, Inc.

357 B.R. 231 · United States Bankruptcy Court, S.D. New York · Oct 23, 2006

It is sufficient, for purposes of this determination, for the Court to say that Bank Mandiri plainly has not established a basis for dismissal on comity grounds on motion. … Understandably, Bank Mandiri does not contend that it is immune from jurisdiction here.

In Re Davis

134 B.R. 34 · United States Bankruptcy Court, W.D. Oklahoma · Nov 22, 1991

The foregoing was not, in this court’s opinion, intended to enunciate an additional requirement in order to qualify for the exemption. … The Michalak court set out: That the established standard for appellate review of a bankruptcy decision was the “clearly erroneous” rule; that it was unconvinced that the items sought to be exempted in that case were necessities

Committee of Unsecured Creditors for Pittsburgh Cut Flower Co. v. Hoopes (In Re Pittsburgh Cut Flower Co.)

124 B.R. 451 · United States Bankruptcy Court, W.D. Pennsylvania · Jan 30, 1991

Unless defendant qualifies as an “insider” under the Code, this particular transfer may not be avoided. Debtor in this case is a corporation. … Clearly, at the date of initial execution of the agreements and through the various amendments, defendant was in no position to exercise dominion and control over debtor.

Kuydendall v. Lawson (In Re Lawson)

228 B.R. 195 · United States Bankruptcy Court, E.D. Tennessee · Dec 14, 1998

Clearly, an order of discharge terminates the automatic stay, albeit by operation of law, just as effectively as an order granting a motion for relief from the stay. … The record received from the Knox County Circuit Court does not, however, establish that the court granted the Plaintiff's October 15, 1997 Motion to Amend. 3 .

In Re CF & I Fabricators of Utah, Inc.

199 B.R. 986 · United States Bankruptcy Court, D. Utah · Sep 5, 1996

Members of this class include holders of allowed claims equal to or less than $1,500, and holders with allowed qualified claims greater than $1,500 but less than $15,000 who elects to be so treated by reducing the amount … Those courts that have reviewed the Amendment are split over whether the Amendment was clearly intended by Congress td be applied retroactively.

Geltzer v. Mooney (In Re MacMenamin's Grill Ltd.)

450 B.R. 414 · United States Bankruptcy Court, S.D. New York · Apr 21, 2011

Jackson’s first and fifth factors clearly would not apply to the transactions involved in this proceeding, whose avoidance would have little to no impact on a securities market, and the movants have not established that Jackson … Tissue court’s endorsement of the Jackson factors was dicta because the court found that the transfer at issue would qualify as an intentional fraudulent transfer under section 548(a)(1) of the Bankruptcy Code. 351 F.Supp

USA PROMLITE TECHNOLOGY, INC. v. City of Hildalgo

United States Bankruptcy Court, S.D. Texas · Jan 11, 2022

The analysis of whether waiver of immunity applies must necessarily focus on the contrac- tual language and relationship of the parties,81 and three requirements must be established: (1) the party against whom the waiver … Furthermore, Defendant’s assertion that the calculation would be based on an unnamed independent accounting firm is clearly inaccurate.

Lexington Health Care Center of Elmhurst, Inc. v. McDade (In Re McDade)

282 B.R. 650 · United States Bankruptcy Court, N.D. Illinois · Aug 28, 2002

To qualify under § 523(a)(4), a fiduciary relation must have an existence independent of a debtor’s wrongdoing. … The two cases cited by the Creditor in support of its position are clearly distinguishable. First, in Reliance Ins. Co. v.

In Re Montgomery

80 B.R. 385 · United States Bankruptcy Court, W.D. Texas · Dec 7, 1987

Thus, an otherwise nonexempt item of property is deemed exempt under Section 522(1) if no one objects within the time frame established by Bankruptcy Rule 4003(b). … By the same token, subsection (Z) does not purport by its terms to qualify property deemed exempt as "522(b)" exempt property.

Wagner v. Christiana Bank & Trust Co. (In Re Wagner)

353 B.R. 106 · United States Bankruptcy Court, W.D. Pennsylvania · Sep 5, 2006

Here, based upon an examination of the plain language of Section 541, it is clear that a mere “claim” held by the Chapter 7 Trustee for potential or prospective recovery pursuant to her strong-arm powers does not qualify … However, the effect of the property description contained in that document visa-vis the Trustee’s status as a bona fide purchaser has not been completely established by either Party.

In Re Food Management Group, LLC

359 B.R. 543 · United States Bankruptcy Court, S.D. New York · Feb 13, 2007

Therefore, the appellants did not qualify for protection and the report was filed publicly. … Rattet Has Not Established That the Allegations Are Untrue Rattet has not established that the allegations directed against it in the adversary complaint are untrue.

Roost v. Timber Components, Inc. (In Re Tyee Timbers, Inc.)

139 B.R. 520 · United States Bankruptcy Court, D. Oregon · Apr 14, 1992

The plaintiff is the duly qualified and acting trustee in this bankruptcy proceeding. The defendant is a Washington corporation. … CONCLUSION In this case, the debtor’s Articles of Incorporation clearly provided that the preferred stock was non-voting.