Case law

In Re Walker

173 B.R. 512 · United States Bankruptcy Court, M.D. North Carolina · Nov 10, 1994

The debtors, on the other hand, contend that the siding and trim constitute tangible personal property that qualifies for redemption under the Code. … The siding clearly serves a family and household purpose.

In Re Walker

332 B.R. 820 · United States Bankruptcy Court, D. Nevada · Oct 25, 2005

The Supreme Court has “established a four-part balancing test” to determine “excusable neglect.” Pincay v. … Clearly, counsel also knew the date of the hearing, having served notice of it twice correctly. Mr.

Robinson v. Educational Credit Management Corp. (In Re Robinson)

416 B.R. 275 · United States Bankruptcy Court, E.D. Virginia · May 14, 2009

After the debtor filed the present complaint to discharge her student loan debts, ECMC, through its attorney, notified the debtor that she appeared to qualify for several alternative repayment programs through the William … In the present case, the debtor’s hardship is clearly not of her own making.

In re Neogenix Oncology, Inc.

508 B.R. 345 · United States Bankruptcy Court, D. Maryland · Mar 11, 2014

However, that other interested bidder declined to submit a qualifying bid. Thus, PB was deemed to be the successful bidder. … It is unnecessary for a court to determine whether an individual is both a director and a person in control, or both an officer and a person in control, as the statutory definition is clearly stated in the disjunctive.

Shaw v. Santos (In Re Santos)

304 B.R. 639 · United States Bankruptcy Court, D. New Jersey · Feb 2, 2004

That I remember clearly. (1T47-15 to 22.) … In Shaw’s eyes, Santos was a well-qualified doctor “from the United States.” I trusted Dr.

In re Bratt

527 B.R. 303 · United States Bankruptcy Court, M.D. Tennessee · Feb 26, 2015

This is clearly beyond what 11 U.S.C. § 511 allows. This is not setting a “rate of interest” as provided by § 511, but rather is an attempt to redefine critical provisions of the Bankruptcy Code. … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor

Longhenry v. Wyatt (In Re Longhenry)

246 B.R. 234 · United States Bankruptcy Court, D. Maryland · Feb 25, 2000

The remaining issue is whether a claim for loss of consortium that is recognized under Maryland law is of a character that qualifies as a personal injury under 11 U.S.C. § 523 (a)(9). … Defendants have established that their claim for loss of consortium arose from a judgment entered in a court of record as the result of the debtor’s operation of the motor vehicle while legally intoxicated.

In Re McLaughlin

320 B.R. 661 · United States Bankruptcy Court, N.D. Ohio · Feb 1, 2005

Similarly, those attorney fees which may be viewed as inextricably intertwined with the litigation of nondischargeable support are said themselves to qualify for nondischargeability under discharge-ability actions pursuant … A non-debtor spouse that establishes that the support obligation is designated as support and has all of the indicia of support has met his burden under § 523(a)(5). Id.; See also Calhoun v.

Superior Contracting Grp. Inc. v. Rachmale (In re LTC Holdings, Inc.)

587 B.R. 25 · United States Bankruptcy Court, D. Delaware · Jun 12, 2018

under title 11, and (4) proceedings related to a case under title 11. 54 The first three categories are considered "core" proceedings, and the last category "non-core" proceedings. 55 To the extent a proceeding fails to qualify … This clearly falls within the boundaries of "related to" jurisdiction for derivative claims.

First Federal Savings & Loan Ass'n v. Johnson (In Re Johnson)

82 B.R. 801 · United States Bankruptcy Court, E.D. North Carolina · Feb 19, 1988

Based on the debtors’ original schedule of assets, all of the debtors’ property appears to either be encumbered or to qualify for exemption. … Both clearly had knowledge of the sale. 3 .

Lichtenstein v. Anderson (In Re Eastern Continuous Forms, Inc.)

302 B.R. 320 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 9, 2003

Impending disruption of the UARCO account relationship would clearly qualify as material within the meaning of the Asset Purchase Agreement. … Glusman’s assertion that the venture was doomed was clearly wild speculation on his part.

Vaughn v. Air Line Pilots Ass'n International

395 B.R. 520 · United States Bankruptcy Court, E.D. New York · Jul 24, 2008

The FAC cites to 29 U.S.C. §§ 623 (a) and (j) as the statutory basis for their ADEA claims — subsections that are clearly inapplicable here. … RSA also argues that plaintiffs’ RICO claims should be dismissed because it is entitled to sovereign immunity.

In Re Public Service Co. of New Hampshire

90 B.R. 575 · United States Bankruptcy Court, D. New Hampshire · Sep 2, 1988

It would also require that the NHYEC entity also be determined to be a “technically qualified” party to operate the Seabrook project. … The court does not accept that prior record as establishing the exact costs of decontamination and a subsequent cleanup for present purposes.

Capital Factors, Inc. v. General Plastics Corp. (In Re General Plastics Corp.)

184 B.R. 996 · United States Bankruptcy Court, S.D. Florida. · Jul 11, 1995

This was clearly an obligation which might have been discharged by the payment of money generally. … The weight of evidence did not establish legal duress or anything resembling it.

Huber v. Marine Midland Bank, N.A. (In Re Huber)

169 B.R. 82 · United States Bankruptcy Court, W.D. New York · Mar 21, 1994

This Debtor, who is apparently admitted to the Bar, has vigorously sought to establish in various courts that he was (and to establish that he still is) entitled to deferment of his student loans. 2 However, he has failed … That it also would be poor policy is clearly evident: it would either chill lenders’ willingness to grant deferments and thereby result in a higher rate of hardship and of defaults, or would increase administrative costs

In Re Fries

68 B.R. 676 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 29, 1986

For these reasons, I am satisfied that the debtors have established cause for the extension of their plan to 60 months. III. … In re Hines, 723 F.2d 333 (3d Cir.1983) does not clearly address these issues.

In re Powell

511 B.R. 107 · United States Bankruptcy Court, C.D. Illinois · May 6, 2014

The debtor would bear the burden to establish that a different method of calculation is appropriate. … The Debtors do not argue that the Deere profit sharing plan is ERISA-qualified. .

Weissing v. Gerring (In Re G & R Builders, Inc.)

123 B.R. 654 · United States Bankruptcy Court, M.D. Florida · Dec 21, 1990

These funds were clearly reachable by creditors, as evidenced by the fact that the Mitchells have served the Gerrings with a writ of garnishment directing the Gerrings to pay the funds in question to the Mitchells. … As a result, this Court is satisfied that the funds deposited in Hal Gerring’s checking account are not trust property and thus are not immunized from the claims of the Trustee by virtue of 11 U.S.C. § 541 (d).

Tidwell v. Atlanta Gas Light Co. (In Re Georgia Steel, Inc.)

38 B.R. 829 · United States Bankruptcy Court, M.D. Georgia · Mar 21, 1984

It is established that the creditor-transferee has the burden to establish the exceptions in section 547(c). See, e.g., Waldschmidt v. Miracle Motors (In re Haynes), 28 B.R. 136 (Bkrtcy.M.D.Tenn.1983). … If a creditor can qualify under any one of the exceptions, then he is protected to that extent. If he can qualify under several, he is protected by each to the extent that he can qualify under each.” H.R.Rep.

Synovus Trust Co. v. Bill Heard Enterprises, Inc. (In Re Bill Heard Enterprises, Inc.)

419 B.R. 858 · United States Bankruptcy Court, N.D. Alabama · Nov 10, 2009

(j) Establishment of the trust was not intended to affect the status of the *862 Deferred Compensation Plan as unfunded. … Like the plans at issue in IT Group, Demery and Reliable Home Health Care, the plan documents at issue in this case clearly expressed BHE’s intent to create an unfunded plan and unequivocally provided that any rights created