Case law

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 .

In Re Davis

403 B.R. 914 · United States Bankruptcy Court, M.D. Florida · Apr 22, 2009

Under Illinois law, a retirement plan is exempt if it is “intended in good faith to qualify” under the relevant provisions of the Internal Revenue Code. 735 Ill. Comp. Stat. 5/12-1006 (West 2009). … The first two elements are clearly met in this case.

General Industries, Inc. v. Shea (In Re General Industries, Inc.)

79 B.R. 124 · United States Bankruptcy Court, D. Massachusetts · Oct 30, 1987

Shea, who qualified as an expert, gave an opinion of $35,000 to $40,000 as of July of 1984, when a prior abortive foreclosure sale took place. The Court is not heavily persuaded by Mr. … The agreement’s figure is clearly in error. We furthermore find that Shea, in his records, did not properly calculate the interest on the debt.

In Re Ross

210 B.R. 320 · United States Bankruptcy Court, N.D. Illinois · May 29, 1997

Generally, a removal from the homestead premises will be taken as an abandonment unless it clearly appears that there was an intention to return and occupy them. Id. (citations omitted). … Under the controlling Illinois authorities a debtor’s actual use of the property in question determines whether it qualifies for the exemption — an inherently fact specific based inquiry.

In Re Tiny's Cafe, Inc.

322 B.R. 224 · United States Bankruptcy Court, D. Massachusetts · Jan 12, 2005

Section 4(J) of the Lease clearly imposes on Cranska a duty to maintain and repair the roof. … Indeed, “a landlord’s failure to provide a service that is essential to the use and enjoyment of the demised premises may qualify as constructive eviction.” Wesson, 437 Mass, at 714, 774 N.E.2d at 616.

In re Seeburg Products Corp.

215 B.R. 175 · United States Bankruptcy Court, N.D. Illinois · Dec 9, 1997

Brill is not qualified to represent the Debtor and denied the application. The specific deficiencies in Mr. … Based upon his conduct in this case, this Court has concluded that he is not qualified to represent the Debtor.

In Re Ames Department Stores, Inc.

121 B.R. 160 · United States Bankruptcy Court, S.D. New York · Nov 13, 1990

(In practice, the presence of the qualifier "substantially” has enabled trustees to ignore the use clause of the leases. … This legislative history clearly shows that Congress intended Section 365(b)(3) to preserve a landlord’s bargained-for protections expressed in the terms of the lease and related agreements.

In Re Mahan

373 B.R. 177 · United States Bankruptcy Court, M.D. Florida · Jul 19, 2007

The Court finds that the holdings of the preceding cases are predicated upon the qualifying language contained in each of the relevant releases. … The Mahans are clearly insiders. The Court finds that the Trustee satisfied his initial burden of presenting material evidence of unfair conduct.

In re Nordlund

494 B.R. 507 · United States Bankruptcy Court, E.D. California · Jan 3, 2011

And, the collection intended by BofA is not qualified by the debtors’ discharge. … The debtors have clearly established that they suffered significant emotional distress and they have established the causal connection between the significant emotional harm and the violation of the discharge injunction.

In Re Hanover Square Securities

55 B.R. 235 · United States Bankruptcy Court, S.D. New York · Nov 22, 1985

To qualify as a customer, the claimant must establish that his claim arises 1) on account of securities received, acquired, or held by the debtor in the ordinary course of its business as a broker or dealer; 2) from or for … And in Ambassador Church trading activities were clearly involved. *241 As to the third element, the bonds were not delivered for any purpose contemplated under SIPA.

In Re Lynch

321 B.R. 114 · United States Bankruptcy Court, S.D. New York · Feb 10, 2005

The Court noted that had the debtor accepted the total fees at the time when the contract was formed, paid taxes on the income and then purchased the annuity policy with the remainder, the payments would clearly be exempt … In Stahlman, the Court found that notwithstanding the fact that the annuity emanated from a structured settlement of a personal injury award, it nevertheless qualified as an annuity with the meaning of section 3212 of the

In Re Enron Creditors Recovery Corp.

370 B.R. 64 · United States Bankruptcy Court, S.D. New York · May 29, 2007

It is well-established that if an agreement is a subordination agreement, it must be enforced according to its terms. … Chase maintains that EFP is not a Subsidiary under this definition because only a corporation qualifies as a Subsidiary. As EFP is a limited liability company, Chase contends that EFP does not qualify.

In Re Taylor & Associates, L.P.

193 B.R. 465 · United States Bankruptcy Court, E.D. Tennessee · Mar 8, 1996

The record before the court clearly establishes that Taylor & Associates, L.P.’s general partner, Joseph C. … The evidence presented clearly establishes that the Defined Benefit Plan paid at least $970,000.00 to and received at least $498,880.00 from Taylor & Associates, L.P.

Suntrust Bank v. Global One, L.L.C. (In Re Global One, L.L.C.)

411 B.R. 524 · United States Bankruptcy Court, S.D. Georgia · Jul 21, 2009

Therefore, the Property qualifies as a “single asset real estate.” … However, Debtor argues that (d)(3) does not apply because it has a counterclaim against Portrait Homes in Superior Court, which “is clearly not real property nor is it an attachment or appurtenance to the property.”

In Re Highpoint Design Associates Ltd. Partnership

128 B.R. 505 · United States Bankruptcy Court, D. Connecticut · Jun 25, 1991

Lee (Lee), a qualified appraiser with special competence in analyzing and appraising investment-grade properties. Lee opined that the fair market value of the debtor’s property on January 22, 1991 was $14.2 million. … Given the substantial equity cushion which exists in the C & D Building, together with these projected cash flow changes, Debtor clearly is in a position to propose an effective plan of reorganization. ...

Abbott v. Arch Wood Protection, Inc. (In re Wood Treaters, LLC)

491 B.R. 591 · United States Bankruptcy Court, M.D. Florida · Apr 22, 2013

Edelman is a certified public accountant, and was qualified as an expert in the fields of forensic accounting and business valuation. (Transcript, pp. 17, 20). … And again, as I’ve stated, I think I’ve clearly stated the broad assumptions in the manner that I’ve prepared my report. But I’m happy to— Q: Okay. A: If we want to go through these 60 items, I’m happy to do that.

In re Old Carco LLC

593 B.R. 182 · United States Bankruptcy Court, S.D. New York · Nov 1, 2018

To establish liability under the AEMLD, the plaintiff must establish that: he suffered injury or damage[ ] to himself or his property by one who sells a product in a defective condition unreasonably dangerous to the plaintiff … The Court distinguished Painter on the basis that Painter was dealing with the question of the TVA's sovereign immunity rather than a private insurance contract, and waivers of sovereign immunity must be unequivocally expressed

In Re Quinn

299 B.R. 450 · United States Bankruptcy Court, W.D. Michigan · Sep 30, 2003

He also owns an interest in the trust established in connection with the Ford Motor Savings and Stock Investment Plan for Salaried Employees (“Ford SSIP”). … Second, Section 541(a) establishes that all of the debtor’s assets owned as of the date of the debtor’s petition are to be owned by the newly created estate. (a) ...

Rodolakis v. Shadduck (In Re Shadduck)

208 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · May 6, 1997

That subsection clearly grants avoidance rights only. The Trustee does not seek to avoid a transfer or obligation of the debtor. … Shadduck to establish his exempt portion of such funds, nor does this judgment adjudicate the propriety of such class action. 1 .

In Re Kujawa

112 B.R. 968 · United States Bankruptcy Court, E.D. Missouri · Apr 4, 1990

Accordingly, the Court finds that all of the claims asserted by the intervening creditors are currently the subject of bona fide dispute and, as such, holds that the creditors do not qualify as intervening creditors under … The case law clearly establishes that intervention under Rule 2018(a) will be permitted at the discretion of the court. See, e.g., In re Ionosphere Clubs, Inc. 101 B.R. 844, 853 (Bankr.S.D.N.Y.1989).