Case law

In Re Universal Table Top Co., Inc.

10 B.R. 706 · United States Bankruptcy Court, E.D. New York · Apr 22, 1981

Not only is petitioner’s reading at odds with the plain meaning of the language of the order, it is in conflict with priorities established by Congress. … It has long been recognized that a federal court may not allow for the accommodations of equities clearly excluded by Congress. Matter of Penticoff, 36 F.Supp. 1, 2 (D.Minn.1941).

In Re Alstad

265 B.R. 488 · United States Bankruptcy Court, M.D. Florida · Jul 31, 2001

Clearly if the goodwill did not exist, the covenant not to compete would be unnecessary. … Additionally, the territorial restriction is valid since it covers an area where Terminix intends to establish its business.

In Re E.S. Professional Services, Inc.

335 B.R. 221 · United States Bankruptcy Court, S.D. Florida. · Oct 20, 2005

As counsel for the petitioning creditor noted during argument, a creditor clearly has the right to file an involuntary petition. … The others who testified clearly indicated that they had claims against the debtor for various goods and services. 3 .

Tolz v. Barnett Bank of South Florida, N.A. (In Re Safe-T-Brake of South Florida, Inc.)

162 B.R. 359 · United States Bankruptcy Court, S.D. Florida. · Oct 13, 1993

Clearly that was once the law. However, the Trustee’s argument that the earmarking doctrine should be so limited ignores the march of history. … The burden of establishing the applicability of the earmarking doctrine.

In Re Pesce Baking Co., Inc.

43 B.R. 949 · United States Bankruptcy Court, N.D. Ohio · Nov 14, 1984

Under the first prong the debtor must establish, and the court must find, that the agreement “burdens the estate”. What must the debtor show to establish that the agreements “burden the estate”? … Robert now arguably qualifies for partial benefits under the Teamsters’ plan. Had he quit the union when he became general manager, he would not have qualified. This is bad faith.

Wallace v. Perry (In Re Perry)

423 B.R. 215 · United States Bankruptcy Court, S.D. Texas · Feb 3, 2010

Initial communications “to a public officer ... who is authorized or privileged to take action” are subject to only a qualified privilege, not an absolute immunity. Hurlbut, 749 S.W.2d at 768 . … Perry does not qualify for absolute privilege.

Hillsborough Holdings Corp. v. United States (In Re Hillsborough Holdings Corp.)

346 B.R. 877 · United States Bankruptcy Court, M.D. Florida · Jun 16, 2006

In Pan American the fi *881 nancial statements attached to the return clearly showed the glaring inconsistency with the claim asserted by Pan American. … The Debtors did not provide the IRS with adequate disclosure of the DISC issue by filing their return, which on its face did not establish the Debtors’ entitlement to qualify for DISC.

McClatchey v. Ohio Public Employees Deferred Compensation Program (In Re Matheney)

138 B.R. 541 · United States Bankruptcy Court, S.D. Ohio · Mar 24, 1992

The Program was established and is operated in accordance with O.R.C. §§ 145.-71-145.74 and 26 U.S.C. § 457 , and the regulations promulgated thereunder, as a non-qualified, unfunded, deferred compensation plan for State … The outcome of this proceeding clearly could have an effect on the bankruptcy estate.

Walsh v. Helsel (In Re Helsel)

326 B.R. 591 · United States Bankruptcy Court, W.D. Pennsylvania · Jun 30, 2005

To establish the requisite fraud for purposes of § 727(d)(2), the trustee must establish that debtors knowingly intended to defraud him or engaged in such reckless conduct as would justify a finding of fraud. … Properly exempted property lies beyond the grasp of creditors and generally is immunized against liability for pre-petition debts. Owen v.

McNally v. Stallman (In re Stallman)

588 B.R. 780 · United States Bankruptcy Court, W.D. Michigan · Aug 8, 2018

Stallman's bankruptcy case prevented them from liquidating or even establishing their claim against her. … Stallman qualifies as a fiduciary, and that some liability on account of the defalcation remains unpaid -- i.e. , something beyond the trust res for which she has already accounted -- they may be able to establish the existence

In Re Avila

228 B.R. 63 · United States Bankruptcy Court, D. Massachusetts · Jan 7, 1999

The United States can establish that the 1992 tax debt is excepted from discharge only if the three-year period in § 507(a)(8)(A)® was tolled. … Moreover, Congress clearly contemplated that these three years would constitute time in which the authorities could collect the taxes. By definition, this excludes time in which collection was prohibited by law.

In re Agrawal

560 B.R. 566 · United States Bankruptcy Court, W.D. Oklahoma · Nov 1, 2016

Okla. 2005) (because $28,000 of petitioning creditor’s $83,000 claim was objectively undisputable, creditor held undisputed claim in excess of the statutory minimum and was therefore qualified petitioning creditor). … Conclusion If court documents and arguments clearly establish that a claim is or is not subject to a bona fide dispute, a trial is unnecessary to determine whether an involuntary petition is jurisdictional.

In Re Glenn

198 B.R. 106 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 10, 1996

although Norton does not discuss this issue and it does not appear that the IRS’ potential violation of § 553(a) was an issue in that decision, the return set off against the Debtor’s pre-petition debt to the IRS in Norton was clearly … Hankerson was reversed on the ground that the IRS was immune from suit, a result supported by the decision in United States v.

In re Flintkote Co.

486 B.R. 99 · United States Bankruptcy Court, D. Delaware · Dec 21, 2012

There are three elements that must be established for a party to establish standing under the Constitution. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). … The circumstances here are clearly inapposite, as Flintkote is: (1) not an individual debtor, (2) not liquidating, and (3) continuing to engage in business post-confirmation. S.

In Re Wald

211 B.R. 359 · United States Bankruptcy Court, D. North Dakota · Mar 12, 1997

The court further stated that the debtors’ failure to make the payment was a default clearly contemplated by the parties provided for in the provisions of the stipulation. … Ust, a highly qualified and credible witness possessed of a bachelor’s degree in agricultural economics. c.

Feltman v. Kossoff & Kossoff LLP (In re TS Emp't, Inc.)

603 B.R. 700 · United States Bankruptcy Court, S.D. New York · Jul 10, 2019

Exercising decision making authority over the Debtor concerning financial matters clearly qualifies for insider-status according to the standard followed by this Court. … It is a well-established principle that "an employee's title alone will not dictate their status as an insider for Wagoner purposes." In re PHS , 581 B.R. at 32 ; see also In re Glob.

Crawford v. Osborne (In Re Osborne)

262 B.R. 435 · United States Bankruptcy Court, E.D. Tennessee · Apr 30, 2001

The non-debtor spouse bears the burden of establishing non-discharge-ability. See Long v. Calhoun (In re Calhoun), 715 F.2d 1103 , 1111 n. 15 (6th Cir.1983). … Those definitions ‘reflec[t] Congress’ broad ... view of the class of obligations that qualify as a ‘claim’ giving rise to a ‘debt....’”

Hamblin v. Educational Credit Management Corp. (In Re Hamblin)

277 B.R. 676 · United States Bankruptcy Court, S.D. Mississippi · Apr 9, 2002

Application of that approach to the case at bar reveals that the Applications and Promissory Notes for each of the “PLUS” loans clearly establish that the Debtor is the sole obligor on each of the loans even though she was … It is undisputed that the "PLUS” loans involved in this case qualify as educational loans within the meaning of § 523(a)(8). 4 .

Sticka v. Anderson (In Re Anderson)

165 B.R. 482 · United States Bankruptcy Court, D. Oregon · Mar 21, 1994

DISCUSSION 2 There are five elements to an action to avoid a transfer as preferential under § 547. 3 The parties agree that all but one of *485 those elements has been established. … “Who will qualify as an insider must be held as a question of fact.” Miller v. Schuman (In re Schuman), 81 B.R. 583, 586 (9th Cir. BAP 1987) 9 .

SCI Direct LLC v. McDermott, United States Trustee for Region 9

United States Bankruptcy Court, N.D. Ohio · Sep 22, 2020

Congress Intended the 2017 Amendment to Apply to New or Pending Chapter 11 Cases Where Qualifying Disbursements Were Made on or After January 1, 2018 Plaintiffs first argue that Congress did not clearly express … The Reorganized Debtors maintain that the UST fees imposed by the Amendment cannot qualify as a reasonable user fee because they are clearly not designed to reimburse the government for