Case law

Knutson v. Price (In Re Price)

410 B.R. 51 · United States Bankruptcy Court, E.D. California · Aug 10, 2009

The grant of in forma pauperis status under § 1915(a) is an essential element to qualifying for payment by the United States for transcripts for the appeal. 2 The BAP’s order does not purport to contemplate that this court … Price reiterating her version of the story in an effort to establish that the findings of fact were clearly erroneous.

In re Landsinger

490 B.R. 827 · United States Bankruptcy Court, W.D. Wisconsin · Jul 23, 2012

The stipulated facts do not suggest that Allen contributed substantial labor, effort, or other skills to the rental property; therefore, the sole issue is whether the Mortgage Note payments made with marital funds qualify … From the time of the marriage until the mortgage on the home was satisfied, at least a portion, if not all, of the payments came from joint funds, which were clearly marital property. Id.

In re: Vaca Brava Old San Juan, LLC v. Puerto Rico Treasury Department

United States Bankruptcy Court, D. Puerto Rico · Oct 27, 2016

In order to eliminate sovereign immunity under the Eleventh Amendment, Congress 19 must “unequivocally express its intent to abrogate the immunity … Section 106(a), as amended, clearly abrogates sovereign immunity in relation to 16 violation of the automatic stay and anti-discrimination provision claims.

In re Martin-Amirault

115 B.R. 10 · United States Bankruptcy Court, D. New Hampshire · Mar 8, 1990

This method for deciding a dispute involving statutory construction is now the prevailing rule established by the United States Supreme Court. … This debtor is clearly entitled to chapter 7 relief. Indeed, a “person” is defined to include an individual.

Town of Hingham v. Sirikanjanachai (In re Sirikanjanachai)

594 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Nov 7, 2018

Persons who qualified participated in a lottery for the available units. … The Court of Appeals has articulated the standard for the establishment of a false representation under this subsection: in order to establish that a debt is nondischargeable because obtained by "false pretenses, a false

Moline v. Brimberry (In Re Stix & Co.)

27 B.R. 252 · United States Bankruptcy Court, E.D. Missouri · Jan 14, 1983

winnings occurred), so that (it is argued) the proceeds of the winnings are his to keep, and any property acquired with those proceeds is immune to a recovery by Moline or to the imposition of a constructive trust. … From time to time he established the eight margin accounts which he absolutely controlled.

Stein v. Zarling (In Re Zarling)

70 B.R. 402 · United States Bankruptcy Court, E.D. Wisconsin · Feb 20, 1987

He intended to use ULC-22406 as a convenient vehicle to deposit his anticipated profits and to then claim immunity from taxes on the ground that ULC-22406 was a tax exempt organization. … The record in this case clearly establishes that ULC-22406 functions primarily, if not solely, as the alter ego of the debtor. The debtor and ULC-22406 do not really exist and operate apart from each other.

Stanworth v. Bank of America, N.A. (In re Stanworth)

543 B.R. 760 · United States Bankruptcy Court, E.D. Virginia · Jan 7, 2016

Bank of New York Mellon, -as trustee,-was ineffective. because it was made in violation of the terms of the PSA, a determination not clearly requested in the Amended Complaint. See id. at 34 . … Instead, it is a qualifying hurdle that plaintiffs must satisfy even if raised sua sponte by the court.”); Thompson v.

ACME Music Co. v. Internal Revenue Service (In Re ACME Music Co.)

196 B.R. 925 · United States Bankruptcy Court, W.D. Pennsylvania · Jun 7, 1996

The location owners maintained sole possession of the keys to their establishments. 6. … There apparently is not a tax issue with respect to these two particular arrangements, presumably because the establishments qualify ACME for an exemption from the reporting requirements which are the subject of the tax dispute

American Investment Bank, N.A. v. Klag (In re Klag)

112 B.R. 456 · United States Bankruptcy Court, M.D. Florida · Mar 23, 1990

Ordinarily, the Bank will loan up to $50,000 to qualified applicants on an unsecured basis, with a renewal possibility. Repayment of these loans is scheduled between six and sixty months. … The Code itself is silent as to the burden of proof necessary to establish an exception to the discharge under § 523(a).

Galloway v. Long Beach Mortgage Co. (In Re Galloway)

220 B.R. 236 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 14, 1998

the miscalculation of arrears and objection to fees and costs, Long Beach rests its case on the legal argument that the amount of these charges is determined by the foreclosure judgment which is res judicata and therefore immune … Clearly, the litigation of these counts, if successful, would operate to undermine the initial judgment of [the creditor]. Id., 329 Pa.Super. at 272 , 478 A.2d at 463 .

White v. New Century TRS Holdings, Inc. (In re New Century TRS Holdings, Inc.)

502 B.R. 416 · United States Bankruptcy Court, D. Delaware · Dec 6, 2013

A custodian of records “or another qualified witness” may testify about business records to fall within an exception to the rule against hearsay. … Nothing in that statement of counsel supports the Whites' assertion that the Trustee or Debtors' counsel was "clearly was aware of the fraudulent nature of the documents...." (D.I. 108, ¶ 37, ¶ 38, Ex. E).

Official Committee of Unsecured Creditors of the IT Group, Inc. Ex Rel. Estate of IT Group, Inc. v. Jointa Galusha, LLC (In Re IT Group, Inc.)

326 B.R. 270 · United States Bankruptcy Court, D. Delaware · Jun 7, 2005

The burden is clearly on Plaintiff to establish that the funds paid to Defendants were not part of the trust assets. Robert S. Cooper v. … The statute itself does not in any way qualify the types of claims that subcontractors may have against the trust assets.

Community Bank of Homewood-Flossmoor v. Bailey (In Re Bailey)

145 B.R. 919 · United States Bankruptcy Court, N.D. Illinois · Sep 15, 1992

The cumulative effect of these falsehoods clearly establishes a pattern of reckless indifference to the truth by the Debtor in his schedules and Statement of Affairs. … It is well-established that writings with pertinent omissions may qualify as materially false for purposes of § 523(a)(2)(B). Id.

DuVoisin v. Federal Savings & Loan Insurance (In Re Southern Industrial Banking Corp.)

72 B.R. 512 · United States Bankruptcy Court, E.D. Tennessee · Apr 20, 1987

American has admitted that “in January, 1988 it came to the attention of management at American that the passbook account it had with SIBC was not a qualified investment because SIBC was not federally insured.” … Therefore, American’s deposit in SIBC was an unauthorized transaction and clearly not in American’s ordinary course of business.

Weaver v. Weston (In Re Weston)

2004 BNH 7 · United States Bankruptcy Court, D. New Hampshire · Mar 26, 2004

The Defendant was clearly negligent by failing to undertake reasonable efforts to keep himself apprized of the status of the plan. … Conclusion The Court grants the Plaintiffs motion for summary judgment in part to the extent that the District Court judgment established that the Defendant was acting in a fiduciary capacity.

Redfield v. Peat, Marwick, Mitchell & Co. (In Re Robertson)

115 B.R. 613 · United States Bankruptcy Court, N.D. Illinois · Jun 19, 1990

Peat, Marwick contends that Trustee has not established any of the three elements enumerated above. … (b) The evidence does not clearly establish whether the pay out procedure set forth in the plan was followed in the present case. Further, neither party traced the handling of the $93,279.01 payout check.

Roy v. Regional Child Support Enforcement Unit (In Re Roy)

315 B.R. 108 · United States Bankruptcy Court, D. North Dakota · Jul 2, 2004

The court found that Lyn Roy qualified for and received public assistance benefits under the Aid to Families with Dependent Children (“AFDC”) program beginning in September 1994. … The bankruptcy court found that the arrearage debt was clearly for child support, the debt was assigned to a state governmental unit and under 11 U.S.C. § 523 (a)(5)(A), the debt was nondischargeable.

In Re Act Manufacturing, Inc.

281 B.R. 468 · United States Bankruptcy Court, D. Massachusetts · Aug 8, 2002

The Debtors filed their motion to establish interim compensation procedures as part of the first day motions. … This result is improper and may discourage qualified professionals from participating in the bankruptcy cases; a result that is clearly contrary to Congressional intent.”) (citations omitted).

Adler v. Adler (In Re Adler)

243 B.R. 596 · United States Bankruptcy Court, D. Rhode Island · Jan 14, 2000

BAP 1999); Dressier, 194 B.R. at 300 ; and the Plaintiff bears the burden of proof on each element, which must be established by a preponderance of the evidence. In re Konick, 236 B.R. at 527 ; Bushee v. … Clearly, the detriment to Christina by discharging this obligation outweighs any benefit to Walter.