Case law

In Re Vasko

6 B.R. 317 · United States Bankruptcy Court, N.D. Ohio · Oct 7, 1980

These are that 2329.66(A)(4)(a) and (17) violate Article IV, Section 2, the Privileges and Immunities Clause of the Constitution, and the Equal Protection Clause of the XIV Amendment to the Constitution. … It must be regarded as valid, unless it can be clearly shown to be in conflict with the constitution.

First National Bank v. Sansom (In Re Sansom)

224 B.R. 49 · United States Bankruptcy Court, M.D. Tennessee · Aug 25, 1998

McCaleb that the only method of removing the other parties from the note was to provide additional collateral or to get another qualified co-signor. … In order to establish nondischargeability of a debt, the same elements are applicable, save two.

Official Committee of Unsecured Creditors of Midway Games Inc. v. National Amusements Inc. (In Re Midway Games Inc.)

428 B.R. 303 · United States Bankruptcy Court, D. Delaware · Mar 19, 2010

The Redstone Defendants did not seek a qualified, strategic purchaser. 6. … Ernst & Young, L.L.P., 906 A.2d 168, 173 (Del.Ch.2006), wherein the court clearly stated that, “Parent corporations do not owe such subsidiaries fiduciary duties. That is established Delaware law.”

In Re Markison

367 B.R. 491 · United States Bankruptcy Court, D. Vermont · Apr 23, 2007

Based upon the Debtor’s testimony at a January 24, 2006 hearing on the Application, the Court found that the Debtor qualified for a waiver and granted that relief in an Order dated January 25, 2006 (doc. # 10; hereafter the … The Rule clearly anticipates that a petitioner’s eligibility for a fee waiver should be determined early in the proceeding (prior to the meeting of creditors) so if he or she is required to pay in installments, those payments

Gordon C. York, Inc. v. Kragness (In Re Kragness)

58 B.R. 939 · United States Bankruptcy Court, D. Oregon · Mar 26, 1986

York, Inc., is the duly appointed and qualified trustee of the bankruptcy estate of Rodney B. Kragness and Aileen R. Kragness. … Robinson Trust was established by the Last Will and Testament of J. Lawrence P. Robinson, which was admitted to probate in Hawaii on February 6, 1947. 10.

Alexander v. Bonifay Manufacturing, Inc. (In Re Terry Manufacturing Co.)

332 B.R. 630 · United States Bankruptcy Court, M.D. Alabama · Nov 9, 2005

“[T]he parties’ longstanding credit terms, although consistent between them, may depart so grossly from what has been established as the pertinent industry’s norms that they cannot be seriously considered usual and equitable … A long-standing business relationship may allow a creditor to depart from the industry norm and still qualify for the safe harbor of § 547(c)(2).

Hays v. Morgan Stanley Dw Inc. (In Re Stewart Finance Co.)

367 B.R. 909 · United States Bankruptcy Court, M.D. Georgia · Mar 30, 2007

MSDW clearly had at least two “customers” at the time of the subject transfers— SFC and Stewart. … payments and that MSDW qualifies as a stockbroker.

K & K Insurance Group, Inc. v. Houston (In Re Houston)

305 B.R. 111 · United States Bankruptcy Court, M.D. Florida · Sep 22, 2003

It is well-established that collateral estoppel applies only to those issues that were actually or fully litigated in the prior proceeding. … “The requirement that an issue be ‘actually litigated’ to qualify for collateral estoppel does not imply that preclusion is available only for those issues established after a full evidentiary and adversarial trial.”

In Re Beverage Canners International Corp.

255 B.R. 89 · United States Bankruptcy Court, S.D. Florida. · Nov 8, 2000

Section 503(b) of the Code, which sets forth the requirements for a postpetition expense to qualify for an administrative priority, states in part that allowed administrative expenses shall include “the actual, necessary … The issue is, simply stated: What must Nature show to demonstrate “benefit” to the Debtors sufficient to establish an administrative claim under the Agreement.

In re Anloc, LLC

487 B.R. 825 · United States Bankruptcy Court, S.D. Texas · Jan 22, 2013

Talone did not produce other documents capable of establishing constructive notice. Inquiry notice is “triggered by notice of facts that would put a reasonably prudent person on a duty of inquiry.” … The Texas Engineering Practice Act The Statement in Support of Proof of Claim accompanying Claim # 22 states clearly that the debt is owed “by virtue of the Sharing Agreement.”

Celotex Corp. v. Allstate Insurance (In Re Celotex Corp.)

289 B.R. 460 · United States Bankruptcy Court, M.D. Florida · Feb 10, 2003

Th[is] section disallows a contingent claim for “contribution,” a concept clearly associated with the law of torts. … Such reserve account, if established, shall be disbursed only upon order of this Court. 4.

Nester v. Gateway Access Solutions, Inc. (In Re Gateway Access Solutions, Inc.)

374 B.R. 556 · United States Bankruptcy Court, M.D. Pennsylvania · Sep 24, 2007

The above facts and figures clearly indicate that the estate is diminishing rapidly at the expense of the creditors. … Therefore, the Court is unable to find the alleged past misdeeds of the Movants sufficiently “unusual” for purposes of qualifying for the § 1112(b)(2) exception.

Thomas v. CitiMortgage, Inc. (In Re Thomas)

447 B.R. 402 · United States Bankruptcy Court, D. Massachusetts · Feb 9, 2011

To support this allegation, the plaintiff included in her complaint a list of charges from the loan settlement statement that she argues qualify as points and fees. … Thus, I need not determine whether any of the remaining charges alleged by the plaintiff qualify as points and fees.

In Re Visi-Trak, Inc.

266 B.R. 372 · United States Bankruptcy Court, N.D. Ohio · Aug 24, 2001

Regardless of the veracity of its alleged alterations, HPM has not properly established that its claim arises out of post-petition contracts. Second, HPM has not established a clear benefit to the estate. … The evidence adduced clearly demonstrated that the product manufactured by the Debtor and sold to HPM was made pursuant to HPM’s specifications; HPM’s own Conditions of Purchase state: “By accepting this order you hereby

In re Roper & Twardowsky, LLC

566 B.R. 734 · United States Bankruptcy Court, D. New Jersey · Feb 24, 2017

Shortly after the QSF was established, all remaining plaintiffs in the Prudential Litigation — the QSF beneficiaries — received their settlement payments. … This is a blatant example of representing parties on opposite sides of a litigation, which RPC 1.7(a)(1) clearly prohibits.

In Re Deguevara

323 B.R. 111 · United States Bankruptcy Court, S.D. New York · Mar 31, 2005

It is therefore particularly pertinent that the Debtor here established that her mother qualifies as a legal dependent as defined by the IRS and that the Debtor has in fact taken her mother as a dependent on her tax returns … Based on the foregoing, the Debtor has established that her mother would be a dependent under the IRS definition.

Bremer Business Finance Corp. v. Dorsey & Whitney LLP (In Re SRC Holding Corp.)

352 B.R. 103 · United States Bankruptcy Court, D. Minnesota · Aug 28, 2006

The IGRA established the NIGC. 25 U.S.C.A. § 2704 . The IGRA did not take effect until 1993, at which time the Commission was established and its Regulations were issued. … But, they do not provide further guidance on the question of who qualifies as a person with a “direct or indirect financial interest in ... a management contract.”

Robbins v. Jennings (In re Brown)

505 B.R. 716 · United States Bankruptcy Court, W.D. Virginia · Jan 24, 2014

Brown have been established. Indeed she seems pleased, not aggrieved, with the services Mr. Jennings has provided to her. … In this case the United States Trustee has established that the Debtor is an "assisted person” and therefore the intriguing question whether a “debt relief agency” which qualifies as such solely by reason of having been determined

In Re Hankel

223 B.R. 728 · United States Bankruptcy Court, D. North Dakota · Jul 9, 1998

All property in which a debtor claims an interest is property of the estate and clearly a tax refund for the 1997 tax year would be included. Allan has declared as exempt a tax refund in the amount of $350. … We turn now to the Trustee’s second principal objection bearing on the question of whether Allan qualifies as a head of family under N.D. Cent.Code § 28-22-03.

In Re Kang Jin Hwang

393 B.R. 701 · United States Bankruptcy Court, C.D. California · Sep 4, 2008

This is an equitable principle, in that "if [the security is] not assignable at law, it is clearly so in equity." Id. … Only the holder the note possesses this right, and qualifies, therefore, as the real part in interest.