Case law

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.

Warsco v. Schaller Trucking Corp. (In Re R. & L. Cartage & Sons, Inc.)

118 B.R. 646 · United States Bankruptcy Court, N.D. Indiana · Aug 21, 1990

“More harm than good would result from allowing creditors to establish a secured status by parol evidence after they have neglected the simple formality of obtaining a signed writing.” White, 302 N.E.2d at 837 . … Exclusive possession should pass to the creditor and “[t]here should be some line of demarcation that clearly indicates possession is not in the debtor or has changed its previous posture.”

Iannacone v. Internal Revenue Service (In Re Bauer)

318 B.R. 697 · United States Bankruptcy Court, D. Minnesota · Jan 3, 2005

Bauer (Bauer) was the owner of Individual Retirement Account (IRA) account # KI11036745 established with Kemper Insurance Company. … In this case, Kemper is clearly a conduit as defined by the prevalent and consistent caselaw on the subject.

In re Suffolk Regional Off-Track Betting Corp.

542 B.R. 72 · United States Bankruptcy Court, E.D. New York · Nov 30, 2015

Further, Brookhaven, a political subdivision of New York State, does not enjoy Eleventh Amendment immunity. See Lake Country Estates v. … The Attorney General concluded that the Rule “by its terms clearly is applicable to simulcast facilities ... and that the participating county or city where the building is located is responsible for enforcement of the State

In Re Kandu

315 B.R. 123 · United States Bankruptcy Court, W.D. Washington · Aug 17, 2004

The Supreme Court has identified the nature of rights that qualify for heightened judicial protection. … The legislative history clearly reveals that the primary purpose of DOMA is to restrict marriage to one man and one woman.

Barnes v. Dominion Oklahoma Texas Exploration & Production, Inc.

347 B.R. 868 · United States Bankruptcy Court, S.D. Texas · Aug 22, 2006

payment of all ... all royalty ... and other burdens applicable to Non-Consenting Party’s share of production ... 9 As the Tawes memorandum asserts: To be a third party beneficiary of a contract under Texas law, a party must establish … [NJeither this Agreement, nor any term or provision hereof, nor any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto. 12 The Texas Supreme Court stated: To qualify as

Smolen v. Hatley (In Re Hatley)

227 B.R. 753 · United States Bankruptcy Court, N.D. Oklahoma · Jun 16, 1998

Section 523(a)(4) clearly qualifies the term “defalcation” by “[t]he phrase ‘while acting in a fiduciary capacity.’ ” See 4 King et. al., Collier on Bankruptcy ¶ 523.10[l][c] (West 1998). … The Seay Court acknowledges that Oklahoma state courts have established a general policy that acknowledges the existence of a fiduciary duty between joint venturers or partners, but finds that policy inadequate to establish

Child World, Inc. v. Service Merchandise Co. (In Re Child World, Inc.)

173 B.R. 473 · United States Bankruptcy Court, S.D. New York · Nov 2, 1994

The burden rests on the moving party to clearly establish the absence of a genuine issue as to any material fact. Celótex, 477 U.S. at 322-23, 106 S.Ct. at 2552-53; Adickes v. S.H. … (In re Coco), 67 B.R. 365 (Bankr.S.D.N.Y.1986) If the debtor puts forth sufficient proof to establish a prima facie preference, the burden shifts and the creditor is given the opportunity to establish by a preponderance of

CMH Liquidating Trust v. Anderson (In re Cmty. Mem'l Hosp.)

599 B.R. 923 · United States Bankruptcy Court, E.D. Michigan · Mar 13, 2019

To qualify as "newly discovered evidence" upon which a Rule 59(e) motion may be granted, evidence must have been previously unavailable. GenCorp, Inc. , 178 F.3d at 834 . … Instead of meeting only the modest requirements of Rule 15, the claimant must meet the requirements for reopening a case established by Rules 59 or 60.

Shearer v. Oberdick (In re Oberdick)

490 B.R. 687 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 27, 2013

Trizec contends that the funds in question do not qualify as wages. … However, by the plain meaning of the statute the funds in question do not qualify for the exemption.

Steinmetz v. Sorokin (In Re Beechwood Medicenter of Flint, Inc.)

23 B.R. 939 · United States Bankruptcy Court, E.D. Michigan · Sep 27, 1982

Sorokin testified that a prime reason for establishing the Bease account was to avoid garnishment of the Beechwood account by creditors, which he said could have happened at any time. … Clearly, the payments made to the defendant within four months of bankruptcy were preferential within the meaning of Section 60.

Pitts v. Missouri (In Re Pitts)

262 B.R. 482 · United States Bankruptcy Court, W.D. Missouri · Apr 30, 2001

Accordingly, that portion of Exhibit 4 is clearly admissible. … This Court’s independent research reveals that counsel for the DCSE is correct on both grounds, and the judgment debt is clearly nondischargeable.

In Re Simon

179 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Mar 16, 1995

However, if the Trust could qualify as a debtor under Medallion, it could not maintain its status as a debtor in this case, pursuant to 11 U.S.C. § 302 . … Therefore, were the Trust itself to qualify as a debtor under Medallion, the Simon and Trust estates would be impermissibly joined.

Matter of Cohen

4 B.R. 201 · United States Bankruptcy Court, S.D. Florida. · May 6, 1980

Inasmuch as the debtor here operates pursuant to a trust agreement, the debtor is clearly neither an individual or a partnership. … “Business trusts” are clearly within the ambit of the Bankruptcy Act and the new Code.

Jensen v. Pen Air Conditioning, Inc. (In re Winsco Builders, Inc.)

156 B.R. 98 · United States Bankruptcy Court, M.D. Florida · Jul 12, 1993

Since all operating elements of the remaining four checks are without dispute, the Trustee should prevail on those checks unless the exception set forth in § 547(c) claimed by the Defendant qualifies as a valid exception. … There is hardly any doubt that the owners of the two projects clearly “earmarked” the funds for the specific purpose of paying the Defendant for the material delivered and used on the two projects.

Kapila v. WLN Family Ltd. Partnership (In Re Leneve)

341 B.R. 53 · United States Bankruptcy Court, S.D. Florida. · Mar 8, 2006

He established over 20 companies and seemingly transferred funds and assets between these various entities without much regard for corporate form. … Consequently, the existence of the transfer itself has been established. But Mrs. Holloway categorically denies ever having a bank account in Texas.

In Re Sacred Heart Hospital of Norristown

177 B.R. 16 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 1, 1995

Tinkering with an established bar date may raise due process claims of parties who have timely filed claims by originally-established bar dates, since it gives late filers a second bite at an apple which is likely to be less … It is clearly disruptive to the formulation of a plan to frustrate a debtor’s logical assumptions regarding the amounts of total claims by compelling the debtor to alter or extend an established bar date.

In re Escalera Resources Co.

563 B.R. 336 · United States Bankruptcy Court, D. Colorado · Feb 10, 2017

Since the Bankruptcy Code “standardizes an expansive (and sometimes unruly) area of law,” it is the Court’s “obligation to interpret the Code clearly and predictably using well established principles of statutory construction … We are of the opinion that electricity qualifies in each respect.

Martinson v. James (In Re James)

186 B.R. 262 · United States Bankruptcy Court, D. Montana · Aug 30, 1995

The Court notes that to create a non-business trust, no formal trust entity need be established if the non-business trust satisfies the foregoing elements. … The foregoing analysis disposes of the Chapter 7 Trustee’s averments concerning whether the trust property qualifies as exempt under 11 U.S.C. § 522 (b) as well.

In Re Booth

266 B.R. 105 · United States Bankruptcy Court, N.D. Ohio · Jun 30, 2000

However, for a debtor’s property to be excluded from the bankruptcy estate under § 541(c)(2) a debtor, in addition to establishing the existence of an anti-alienation clause, must establish two additional elements: (1) the … To the contrary, if it can be clearly shown that the receipt of a profit-sharing award is in a greater proportion based upon the rendition of postpe-tition services, then any proceeds received for such postpetition services