Case law

In Re Vanhook

426 B.R. 296 · United States Bankruptcy Court, N.D. Illinois · Mar 24, 2010

“To give priority to a claimant not clearly entitled thereto is not only inconsistent with the policy of equality of distribution; it dilutes the value of the priority for those creditors Congress intended to prefer.” … Under this provision, the Code affords priority status to qualifying domestic support obligations that, as of the date of the filing of the bankruptcy petition, are owed to or recoverable by a spouse, former spouse, or child

In Re Iacovoni

2 B.R. 256 · United States Bankruptcy Court, D. Utah · Jan 21, 1980

“Regular income” qualifies an individual for requesting relief under Chapter 13. … This was clearly meant as an incentive for high repayment plans.

Idea Boardwalk, LLC v. Revel Entertainment Group, LLC (In re Revel AC, Inc.)

532 B.R. 216 · United States Bankruptcy Court, D. New Jersey · Jun 24, 2015

Thus, the Court holds that these proceedings are predicated upon a provision of title 11, and qualify as matters “arising under” title 11. … In Churchill, the court recognized that § 365(h) is specific, as it grants a particular set of clearly stated rights to lessees of rejected leases.

In Re Carver

110 B.R. 305 · United States Bankruptcy Court, S.D. Ohio · Jan 24, 1990

The evidence adduced at trial, through the testimony of Zauderer, clearly established that Carver embezzled monies in the amount of $16,210.00. … That laudable purpose will not be furthered if, in the instant case, the Debtors do not qualify as “honest.”

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.

Cadlerock Joint Venture L.P. v. Herendeen

531 B.R. 869 · United States Bankruptcy Court, M.D. Florida · May 18, 2015

Trustee and Counsel are immune from suit; 4. the claims are collaterally estopped; and 5. Creditor failed to establish a prima facie case of any of its claims. … Pendergraft, 297 F.3d 1198, 1205 (11th Cir.2002) (asserting that malicious prosecution does not qualify as a predicate act necessary to prove a civil RICO violation).

United States Ex Rel. George Schumann Tire & Battery Co. v. Grant (In Re George Schumann Tire & Battery Co.)

145 B.R. 104 · United States Bankruptcy Court, M.D. Florida · Sep 10, 1992

Grant properly qualified by furnishing a performance bond issued initially by Fireman’s Insurance Company of Newark, N.J. in the penal sum of $100,000.00 in favor of the Government. … Trustee which by operation of law assumed the responsibility of establishing a panel of private trustees pursuant to 28 U.S.C. § 586 (a)(1).

In Re Aqua Associates

123 B.R. 192 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 17, 1991

Levin, a well-qualified appraiser, valued the Property at present at $750,000 without the Lease and $1,000,000 with the Lease. … The issue of whether the loan will enhance the value of the Debtor’s sole asset, i.e., the Property, rather clearly tips in the Debtor’s favor.

In Re Pich

253 B.R. 562 · United States Bankruptcy Court, D. Idaho · Aug 7, 2000

It appears that where the ordinance allows residential use within a zone, it does so clearly. See, e.g., § 9.03(1) (commercial zone; permitted uses.) 15 . … There is little doubt that the Kootenai County commission's ruling on the rezoning application qualifies as quasi-judicial activity. Idaho Historic Preservation Council, Inc. v.

In Re G-I Holdings, Inc.

323 B.R. 583 · United States Bankruptcy Court, D. New Jersey · Feb 1, 2005

By way of example, with respect to potential Category III (Lung Cancer II A— Non-smoking) claimants, a particular claimant must establish the following: 1) diagnosis by a Qualified Physician of a malignant primary bronchiogenic … Allowing or disallowing claims is clearly a separate and distinct function from liquidating or estimating that claim.

Oliner v. Kontrabecki (In Re Central European Industrial Development Co.)

427 B.R. 149 · United States Bankruptcy Court, N.D. California · Mar 31, 2010

That single sentence is the only place in the Report that contains so much as a hint of the subject Lehman now contends Deb-ska is qualified to opine on (element of proof (3)), namely the time to market and sell the WDC and … The burden is on the party opposing the exclusion to establish such exceptions. Id. at 1107 .

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.

Matter of Lake Hopatcong Water Corp.

15 B.R. 411 · United States Bankruptcy Court, D. New Jersey · Nov 2, 1981

Thereafter on April 23, 1979 LHWC was adjudicated a bankrupt and on July 24, 1979 Moore was appointed trustee of the bankrupt estate and duly qualified as same. … At issue was the right of coverture as established under state law.

In Re Pardee

433 B.R. 377 · United States Bankruptcy Court, N.D. Oklahoma · Jun 2, 2010

It is well established by both statute and case law that when an individual seeks bankruptcy relief, property held by that individual in constructive trust for the benefit of another is not property of the bankruptcy estate … No property can be exempted (and thereby immunized), however, unless it first falls within the bankruptcy estate.

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.

In re Petters Co.

506 B.R. 784 · United States Bankruptcy Court, D. Minnesota · Nov 22, 2013

The record established Martens as qualified to draw conclusions about such patterns from his application of the discipline. … The inconsistency established a lack of separateness.

Worster v. Howcroft (In Re Howcroft)

223 B.R. 845 · United States Bankruptcy Court, D. New Hampshire · Jul 16, 1998

Under Kawaauhau , a debtor’s conduct qualifies as malicious for the purposes of section 523(a)(6) if it falls into a traditional intentional tort category. Id. … In the criminal proceeding, a jury found the Defendant guilty of felonious sexual assault, a crime that clearly falls within the traditional intentional tort category discussed in Kawaauhau .

Hall v. Quigley (In Re Hall)

131 B.R. 213 · United States Bankruptcy Court, N.D. Florida · Aug 15, 1991

However, they do not state three different causes of action, but allege three separate theories to establish his interest in the property, which was titled in the corporate name. … for the sole purpose of avoiding the transfer through the bankruptcy process, to incur such future debts that he could not repay; If, as the plaintiff claims in this case, accruing mortgage and tax debt on real property qualifies

In Re Thomson McKinnon Securities Inc.

125 B.R. 88 · United States Bankruptcy Court, S.D. New York · Mar 7, 1991

An entity that has a claim against a debtor qualifies as a creditor, as defined under 11 U.S.C. § 101 (9)(A). … The State Abandoned Property Law must give way to the distribution scheme established under the federal bankruptcy laws.

Corzin v. Larson (In Re Larson)

340 B.R. 852 · United States Bankruptcy Court, N.D. Ohio · Apr 17, 2006

No formal discovery deadline was set and the Court issued an Order establishing motion filing deadlines [docket # 15]. … The Plan is a plan qualified under The Employee Retirement Income Security Act of 1974, as amended [ 29 U.S.C. § 1001 et seq.]