Case law

In Re Jones

352 B.R. 813 · United States Bankruptcy Court, S.D. Texas · Oct 20, 2006

Sections 348, 349, and 350 establish the consequences of conversion, dismissal, and closing a case. … After that jurisprudence was clearly established, Congress enacted the credit counseling requirements as an eligibility requirement of § 109, in precisely the same language as the eligibility requirements that had previously

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).

Tyler v. Putman (In Re Putman)

110 B.R. 783 · United States Bankruptcy Court, E.D. Virginia · Feb 14, 1990

Chapter 280 amends the New York Civil Practice Law and Rules, the Estates, Powers and Trusts law, and the Debtor and Creditor law to provide that all interests established as part of a plan that is qualified under § 401 of … First, several features of the Xerox Plan clearly demonstrate that the Retirement Account is intended to provide for the support and maintenance of the beneficiary, Kathy Putman.

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.

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

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.

Shephard v. O'Quinn (In Re O'Quinn)

374 B.R. 171 · United States Bankruptcy Court, M.D. North Carolina · Aug 9, 2007

Blue Cross & Blue Shield of Va., 867 F.Supp. 398, 405 (E.D.Va.1994)). 6 Thus, in this case, OEI clearly acted as a fiduciary under ERISA. … The Complaint does not define the term "qualifying event” or explain the term's significance. 6 .

Wians v. Wians (In re Wians)

523 B.R. 124 · United States Bankruptcy Court, N.D. Illinois · Dec 17, 2014

“[T]o come within the ambit of section 523(a)(4) which concerns formal trusts or trust-like relationships there must be property that could qualify as the res of the trust.” … The plaintiffs clearly reposed a deep confidence in West when they followed his advice and transferred their homes to Mount Moriah.

In Re Taub

439 B.R. 261 · United States Bankruptcy Court, E.D. New York · Sep 7, 2010

“Once a prima facie case has been established, the burden shifts to the debtor to demonstrate the existence of a bona fide dispute.” Id. V. … Indeed, the record in this case clearly establishes that Ms. Taub does not hold a $700,000 claim against Mr.

In re Appalachian Fuels, LLC

521 B.R. 779 · United States Bankruptcy Court, E.D. Kentucky · Nov 20, 2014

acts as an injunction in favor of the Debtors and the above-mentioned individuals via an assertion of Bankruptcy Court jurisdiction in manner which abrogates or purports to abrogate State Sovereign and/or 11 th Amendment immunity … The Court need only establish an “outside” estimate of costs be established, so that the Trustee can set aside funds for the same to be paid at a later time.

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 Sirius Systems, Inc.

112 B.R. 50 · United States Bankruptcy Court, D. New Hampshire · Mar 8, 1990

However, loose this description, it clearly was not intended as an alternative forum for private disputes that only involved the disputants for which there was a well established albeit less expeditious forum. … Sirius and Mahon note correctly that under the 1978 Bankruptcy Code there is no requirement of insolvency to qualify for filing a voluntary or involuntary chapter 11.

Hays v. Cummins (In Re Cummins)

174 B.R. 1005 · United States Bankruptcy Court, W.D. Arkansas · Nov 28, 1994

It was actually filed on October 4, 1991, such that the removal is clearly untimely. … In the instant case, remand on equitable grounds is clearly merited.

Sharifeh v. Fox (In re Sharif)

549 B.R. 485 · United States Bankruptcy Court, N.D. Illinois · Apr 25, 2016

Alternatively, the Trustee also has immunity for actions undertaken pursuant to a court order. A bankruptcy trustee “is entitled to quasi-judicial immunity for carrying out the orders of the bankruptcy court.” … If so, then Ragda clearly used property of the estate to make those payments.

Loudin v. J.P. Morgan Trust Co.

481 B.R. 388 · United States Bankruptcy Court, S.D. West Virginia · Sep 5, 2012

The court has already established that this case fits the description given by the Fourth Circuit of cases that are “related to” title 11 bankruptcy proceedings. … The use of “this section” in § 1334(c)(2) clearly refers to § 1334 overall, and therefore the exclusive jurisdiction sought by defendant in § 1334(e)(1) cannot qualify to defeat mandatory abstention.

Dehart v. Ponce (In Re Ponce)

406 B.R. 490 · United States Bankruptcy Court, M.D. Pennsylvania · Jun 22, 2009

Second, based on *492 the determinations set forth below, an evi-dentiary hearing will be set to establish a record on whether the Debtors have committed their projected disposable income to their Chapter 13 plan. 1. … This clearly exceeds the twenty percent *499 threshold that I have set for these matters.

In Re Jones

152 B.R. 155 · United States Bankruptcy Court, E.D. Michigan · Feb 23, 1993

The highlighted text clearly implies that the term “secured claim” is ordinarily defined by § 506(a). … [to] elimi-nat[e] the requirement that the mortgage be wholly secured in order to qualify for exemption from modification.” Id.

In Re McGinnis

306 B.R. 279 · United States Bankruptcy Court, W.D. Missouri · Feb 13, 2004

Under the old theorem of odiosa et inhonesta non sunt in lege praesu-m *286 enda, 8 fraud is never presumed and must be established by clear and convincing evidence. Arkansas City v. … The entry of the order for relief was delayed by a contest over whether the creditors were qualified to file the involuntary petition under 11 U.S.C. § 303 (b)(1).

Norwest Bank Des Moines, N.A. Card Services Division v. Stewart (In Re Stewart)

91 B.R. 489 · United States Bankruptcy Court, S.D. Iowa · Sep 26, 1988

It is the intent to deceive that is difficult to establish. … The court’s bench ruling clearly found the Stewarts’ explanation reasonable.