Case law

First United Bank & Trust Co. v. Buescher (In re Buescher)

491 B.R. 419 · United States Bankruptcy Court, E.D. Texas · Apr 16, 2013

That clearly happened in this instance. … The disclosure of the Lewisville assets was clearly required. They were clearly omitted.

In Re Sugar Pine Ranch

100 B.R. 28 · United States Bankruptcy Court, D. Oregon · Apr 28, 1989

Clearly, this act is designed to protect workers while excluding certain types of agricultural laborers from its coverage. … Willis live on the farm and have an established way of life in raising crops and livestock.

Pellegrino v. Division of Criminal Justice (In Re Pellegrino)

42 B.R. 129 · United States Bankruptcy Court, D. Connecticut · Jul 26, 1984

. §§ 524 and 525.” 4 The plaintiffs allege in the Third Count of their Amended Complaint that the actions of the defendants “have deprived and are depriving the plaintiffs of their civil rights, privileges, or immunities … Stat. § 53a-30, establishes conditions of probation which include restitution.

In Re Callister

15 B.R. 521 · United States Bankruptcy Court, D. Utah · Nov 20, 1981

But Congress may have discounted these views, establishing a “statutory failsafe” to reimburse creditors where there is a shortfall in adequate protection. See 124 Cong.Rec. … Indeed, if only administrative expenses qualify under 507(b), the measure of allowance may be fair rental value, or some other indicia of use.

In Re Sheehan Memorial Hospital

377 B.R. 63 · United States Bankruptcy Court, W.D. New York · Oct 18, 2007

Because it contemplated continued performance by both employer and employee, the employment agreement between Tato and Sheehan Memorial Hospital qualifies as an executory contract. … To the contrary, the discrimination claim is based on established principles that the court must now apply to the particular facts of this case.

Thomas v. Turner (In Re Turner)

12 B.R. 497 · United States Bankruptcy Court, N.D. Georgia · Jul 10, 1981

[T]he tendency is clearly to treat the misrepresentation action as a separate matter from the contract. Id. The tort action was maintainable where the contract was within the Statute of Frauds, Pao Chen Lee v. … The policy of not enforcing marriage contracts where one of the parties *501 is married was never intended “as an instrument to immunize fraudulent conduct.” See Channel Master, supra.

In Re Schlee

60 B.R. 524 · United States Bankruptcy Court, D. Minnesota · Mar 10, 1986

There was no evidence offered that the plans Schlee wants to exempt are not proper, tax-qualified Keogh plans. … established as I see it that the Minnesota statute is to include plan assets which are not yet in pay status also.

D'Alfonso v. A.R.E.I. Investment Corp. (In Re D'Alfonso)

211 B.R. 508 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 4, 1997

Clearly, the instant Sale does not fit within this paradigm; the Debtor did not voluntarily sell the Property. … However, this was clearly done after DiGiaeomo was aware of the commencement of Case One prior to the Sale and he clearly should have known of the Sale’s invalidity.

Buesgens v. Bergman (In Re Bergman)

397 B.R. 348 · United States Bankruptcy Court, E.D. Virginia · Oct 21, 2008

discrimination claim, or its post-petition settlement, on her schedules. 4 In a chapter 7 case, false or misleading schedules may result in denial of discharge, and a complaint objecting to the debtor’s discharge would clearly … The pleading adding Judge Mayer as a defendant does not assert a monetary claim— which in any event would be barred by judicial immunity — but appears to seek relief in the nature of mandamus or prohibition.

In Re Gaines

106 B.R. 1008 · United States Bankruptcy Court, W.D. Missouri · Nov 6, 1989

ERISA provides unequivocally that in order for the plan to be qualified the benefits provided under the plan may not be assigned or alienated. … Clearly, the states’ attempts to exempt ERISA plans run afoul of Mackey . 7 .

Phillips v. Household Finance Corp. (In re Phillips)

13 B.R. 811 · United States Bankruptcy Court, N.D. Ohio · Aug 28, 1981

such liens impair exemptions to which the debtor would have been entitled under subsection 522(b). 1 The liens of Defendants, herein, are nonpossessory, non-purchase-money security interests in household goods and thus qualify … Section 522(b) gives a debtor the choice of exempting from property of the estate either (1) the Federal exemptions established by Congress and set forth in subsection (d) of Section 522 or (2) the State exemptions established

In Re Tibbs

242 B.R. 511 · United States Bankruptcy Court, N.D. Alabama · Dec 8, 1999

The Puerto Rican statute established a fund that would make loans, establish insurance plans, etc. 3 L.P.R.A. § 862b. 18 . See e.g. … According to the preceding statute section, the date of establishment was October 1, 1940. Ala.Code § 16-25-2 (1995). 22 .

Allen v. Official Employment-Related Issues Committee (In Re Enron Corp.)

297 B.R. 382 · United States Bankruptcy Court, S.D. New York · Aug 28, 2003

threatened or endangered in the enjoyment of what he claims to be his rights, to initiate the proceedings against his tormentor and remove the cloud by an authoritative determination of the plaintiffs legal right, privilege and immunity … At the outset, the Court determines that all potential liability directly relating to the avoidance of the Bonuses had clearly accrued prior to the Complaint Filing Date.

In re Faison

556 B.R. 728 · United States Bankruptcy Court, E.D. North Carolina · Sep 2, 2016

The Disclosure Statement states that the Debtor will be able to sell at least 7 ten-acre lots per year, but ... is devoid of any rationale for this proposed take-down rate other than the blanket statement that “qualified … The sole foundation of the Debtor’s proposal to sell SummitBridge’s collateral in ten-acre lots is that “the Debtor has consulted with qualified brokers who have investigated the existing inventory and absorption rate for

In Re Barbier

77 B.R. 799 · United States Bankruptcy Court, D. Nevada · Jun 30, 1987

Thus, the Bankruptcy Code has established a system for filing claims under which all claims are deemed allowed unless an objection to the claim is filed by the debtor. … Clearly, the Code and Rules do not envision the use of a plan for objecting to proofs of claim. In re Simmons, 765 F.2d 547, 552 (5th Cir.1985).

Walker v. Maury County (In Re Scott Housing Systems, Inc.)

91 B.R. 190 · United States Bankruptcy Court, S.D. Georgia · Jul 22, 1988

In essence, the Defendant asserts that this finding as to the lack of liability establishes that there are no material facts in dispute and, therefore, entitles the Defendant to summary judgment as a matter of law. … Department of Environmental Protection, 474 U.S. 494 , 106 S.Ct. 755 , 88 L.Ed.2d 859 (1986) for the proposition that “the filing of a bankruptcy petition does not create a zone around the property of the estate which is immune

In Re 1606 New Hampshire Avenue Associates

85 B.R. 298 · United States Bankruptcy Court, E.D. Pennsylvania · May 13, 1988

And, clearly, the realty in issue here is developed. … With some reluctance, we qualified him to provide expert testimony at all.

In Re Eagle-Picher Industries, Inc.

134 B.R. 248 · United States Bankruptcy Court, S.D. Ohio · Nov 25, 1991

We find the charges of Liberty Mutual and ACF to be clearly within that language. … Insurers say that to qualify for prejudgment interest, the underlying amount sought must both be liquidated and due and payable. They say that neither condition is met here.

In Re Rice

224 B.R. 464 · United States Bankruptcy Court, D. Oregon · Aug 18, 1998

The exemptions under .subsections (B) and (C) of O.R.S. 23.160(1)© clearly provide a debtor with an exemption only in a “payment” of a stated amount. … The proponent of the doctrine has the burden of establishing that materials fall within its purview. Sandberg v. Virginia Bankshares, Inc., 979 F.2d 332, 335 (4th Cir.1992).

Von Kiel v. U.S. Dept. of Health & Human Services (In re Von Kiel)

473 B.R. 78 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 19, 2012

DeAngelis, and Assistant United States Trustee Dave Adams as defendants in this proceeding because they were entitled to absolute immunity from this suit and because they had no duty to report or investigate the claims that … As the Sixth Circuit Court of Appeals recognized, the Blum Declaration qualifies as a business record under Fed.R.Evid. 803(6) because “to qualify under the business records exception to the hearsay rule a 'witness need only