Case law

Soheily v. Vuong (In re Vuong)

353 B.R. 860 · United States Bankruptcy Court, E.D. Virginia · Nov 1, 2006

With respect to the first alleged representation — that the debtor was financially qualified to purchase the property— the statute clearly requires that any misrepresentation as to the financial condition of the debtor must … The evidence before the court, however, fails to establish fraud. The evidence, rather, reflects a debtor who fully intended to repay Mr. Soheily but was caught by a falling real estate market.

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.

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.

Frederick J Keitel, III

United States Bankruptcy Court, S.D. Florida. · Jan 28, 2022

The need to attract qualified individuals to serve as receivers and bankruptcy trustees might be a legitimate policy concern, but it has nothing to do with subject-matter jurisdiction. … In Chua, the 11th Circuit relied on judicial immunity to dismiss all claims against the former receiver and counsel. 1 F.4th at 955.

Robinson v. Robinson (In Re Robinson)

193 B.R. 367 · United States Bankruptcy Court, N.D. Georgia · Mar 4, 1996

The movant has the burden to establish that no such factual issue exists, id. at 324 , 106 S.Ct. at 2553 , and the Court will read the opposing party’s pleadings liberally. Anderson v. … In light of these clearly established legal parameters, the Court finds itself presented solely with a question of fact, i.e., whether under the circumstances the award of attorney’s fees at issue bears the trappings of a

Christensen v. St. Paul Bank for Cooperatives (In Re Fulda Independent Co-Op)

130 B.R. 967 · United States Bankruptcy Court, D. Minnesota · Sep 10, 1991

Now that Debtor is in bankruptcy, that places the cause of action squarely *974 within the ambit of core proceedings, as specifically enumerated in 28 U.S.C. § 157 (b)(2); there is no qualifying language in that provision … There is every good reason for the lack of qualifying language; it is just not necessary. See discussion in Section IV of this Memorandum. 8 .

Bd. of Educ. of Chi. v. Monarrez (In re Monarrez)

588 B.R. 838 · United States Bankruptcy Court, N.D. Illinois · Aug 6, 2018

Still, unreviewed factual determinations of qualifying agencies may have preclusive effect. Univ. of Tenn. v. … In addition, it clearly states that "Board Report 14-0625-EX22 setting forth the Board's determination is enclosed for your reference." Id.

Federal Realty Investment Trust v. Park (In Re Park)

275 B.R. 253 · United States Bankruptcy Court, E.D. Virginia · Feb 27, 2002

Peyton was appointed' and has qualified as trustee. … In Virginia, the rule that only a "material” breach of a contract will excuse performance by the other party is well-established. Horton v.

Music Mix Mobile, LLC v. Newman (In re Stage Presence Inc.)

555 B.R. 166 · United States Bankruptcy Court, S.D. New York · Jul 19, 2016

Plaintiffs further contend that Newman and Weiner are each personally liable because they qualify as employers under N.Y. … In light of these principles, there is little question that Newman may qualify as an employer under the NYLL.

Boudreaux v. Sheffield (In re Sheffield)

507 B.R. 400 · United States Bankruptcy Court, S.D. Georgia · Mar 7, 2014

Investments purchased in isolation, outside the context of workplace contributions, may be less likely to qualify as exempt” Andersen, 259 B.R. at 691 . … The circumstances clearly demonstrate that the purchase of the annuity was a recent change in the nature of her assets rather than the result of a long standing retirement strategy.

In Re LaPorta

332 B.R. 879 · United States Bankruptcy Court, D. Minnesota · Oct 27, 2005

The facts that the Debtor has recited do not qualify as “exigent circumstances” under 11 U.S.C. § 109 (h)(3)(I), because they do not make sense. … It is “well-established” that, as a general matter, creditors' liens pass unaffected through bankruptcy proceedings, despite a grant of personal discharge to a debtor.

Matter of Brisbane

2 B.R. 636 · United States Bankruptcy Court, E.D. Virginia · Feb 11, 1980

Court of Appeals in Convery held that Virginia Code Section 8-386, which provided that "every judgment . . . shall be a lien on all of the real estate owned by the defendant at or after the date of judgment" was necessarily qualified … Clearly, the Trustee, as an ideal creditor without notice, took possession of bankrupt's property subject to such liens.

Wilson v. Carter (In Re Carter)

240 B.R. 767 · United States Bankruptcy Court, W.D. Missouri · Nov 5, 1999

To qualify as “malicious,” the debtor’s actions must be “targeted at the creditor ... at least in the sense that the conduct is certain or almost certain to cause ... harm.” In re Long, 774 F.2d at 881 . … Carter very clearly acted with the intent to harm Wilson. The Court determines that the judgment debt in the amount of $2746.52 is nondischargeable under 11 U.S.C. § 523 (a)(6).

In Re Adler Coleman Clearing Corp.

204 B.R. 111 · United States Bankruptcy Court, S.D. New York · Jan 7, 1997

A person whose claim against the debtor qualifies as a “customer claim” receives preferential treatment in the distribution of assets from the debtor’s estate. … established for the purpose of satisfying creditors’ claims).

Luzerne National Bank v. LaFratte (In Re LaFratte)

281 B.R. 575 · United States Bankruptcy Court, M.D. Pennsylvania · May 29, 2002

There is little dispute that the Bank has met its burden of establishing that the Debtor represented the invoices to be receivables. … Moreover, LaFratte clearly intended the Bank to rely on his representation and, in doing so, the Bank transferred funds to L & L.

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen)

98 B.R. 455 · United States Bankruptcy Court, W.D. Wisconsin · Apr 4, 1989

However, the Bank’s failure to file a financing statement with respect to its security interest in the CMA itself is clearly fatal. … See Nix, 864 F.2d at 1211 (“the right of the person who establishes a Keogh plan to withdraw funds from the trust or account established to implement the plan” is a “general intangible”); Sherman v.

Enron Corp. v. Bear, Stearns International Ltd. (In Re Enron Corp.)

323 B.R. 857 · United States Bankruptcy Court, S.D. New York · Apr 27, 2005

The Confirmation established the per-share price to be paid and the terms of the adjustments to be made to such price. … Requirement to Qualify as Settlement Payment The Court concludes that in order to qualify as a settlement payment that is protected by the safe harbors, the settlement payment must be “commonly used” within the industry.

In re Ginko Associates, L.P.

372 B.R. 229 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 25, 2007

Clearly, the evidence shows that Mr. Tota relied upon Mr. Garrett’s promises. … the intent of the parties; 3) the language of the contract must be construed, in cases of ambiguity, against the party seeking immunity from liability; and 4) the burden of establishing the immunity is upon the party invoking

In re Kuwik

511 B.R. 696 · United States Bankruptcy Court, N.D. Georgia · May 28, 2014

No. 109-31, at 100 n.66 (2005) (“The Internal Revenue Manual does not establish monetary amounts with regard to necessary expenses that it characterizes as ‘Other Expenses.’ … Congress clearly expressed its intent in § 1325(b)(2)(B) that business expenses are to be deducted from current monthly income when calculating disposable income.

Chase Manhattan Bank, USA, N.A. v. Deuel (In re Deuel)

482 B.R. 323 · United States Bankruptcy Court, S.D. California · Sep 28, 2012

then must establish that the provision entitles recovery of attorneys’ fees under the particular circumstances of the litigation. … In short, estoppel theory does not form a basis for a fee award here; it is of dubious legitimacy in all cases and its application is particularly inapt here given the qualified nature of the fee request. B.