Case law

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 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 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 .

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 Greene

451 B.R. 331 · United States Bankruptcy Court, D. Vermont · Jun 20, 2011

There is no dispute that the Vermont residence qualified as her homestead on the date the Debtor sold it, or that the proceeds in question were solely derived from the sale of that homestead property. … The Trustee’s Abandonment Arguments are Inapposite to Proceeds The Trustee argues that the Debt- or’s steps towards establishing residency clearly indicate she attempted to establish a new homestead in Florida and, in so

In Re Deppe

110 B.R. 898 · United States Bankruptcy Court, D. Minnesota · Feb 21, 1990

It notes that Paragraph 15(b) of the premises lease establishes this as a ground for termination of the lease. … Clearly, the PMPA gives substantial protection to the right of a franchisor to control the situs of the retail sales of its products, and cannot be read to give the franchisee a free or even qualified right to demand performance

Ferrari v. Barclays Business Credit, Inc. (In Re Morse Tool, Inc.)

148 B.R. 97 · United States Bankruptcy Court, D. Massachusetts · Dec 14, 1992

The Divisions had not established a record of profitability. And even their ability to break even was tenuous. 25. … It is not clear that the findings in paragraph 40 above establish a cause of action under G.L. c. 109A, § 7.

In Re Carsten

211 B.R. 719 · United States Bankruptcy Court, D. Montana · Jul 1, 1997

These photos clearly show Canadian geese with goslings too young to fly. Yet Henke denies seeing any. … Thus the dredging activity clearly did not impair the flow or circulation of Altenburg Slough. Henke, EPA’s expert, disagrees.

Ossen v. Bernatovich (In Re National Safe Northeast, Inc.)

76 B.R. 896 · United States Bankruptcy Court, D. Connecticut · Jul 29, 1987

The court concludes that the trustee has clearly and convincingly established the debtor’s insolvency on and after November 30, 1984. *900 IV. … The trustee’s position that the defendants’ postpetition salary and expense reimbursements were excessive is clearly correct.

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

In Re St. Johns Home Health Agency, Inc.

173 B.R. 238 · United States Bankruptcy Court, S.D. Florida. · Sep 23, 1994

Johns seeks to establish another mechanism for relief by moving to assume the Provider Agreement as an executory contract under 11 U.S.C. § 365 . Pursuant to that motion, St. … Clearly, St. Johns is eligible to be a debtor under title 11, and as a debtor has the right to seek authority to assume an executory contract.

In re Blanche Zwerdling Revocable Living Trust

531 B.R. 537 · United States Bankruptcy Court, D. New Jersey · Jun 11, 2015

In In re Jin Suk Kim Trust, the court determined that a generation skipping trust established by the mother of the income beneficiary to provide for the income beneficiary during her life and allow her to pass trust corpus … Moreover, the manner in which the Trust Debtors conducted business is clearly inconsistent with the notion that their primary purpose was to “protect and preserve” the res, because they continually put hundreds of thousands

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

301 B.R. 62 · United States Bankruptcy Court, N.D. California · Oct 2, 2003

He established his own practice in 1986 and has operated it since that time, incorporating it in November 2000 on the advice of his accountant. … CONCLUSION For the reasons set forth above, Debtors have established that repaying the New Loans in full would entail undue hardship.

United States Ex Rel. United States Department of Health & Human Services v. Marchand (In Re Southwest Citizens' Organization for Poverty Elimination)

91 B.R. 278 · United States Bankruptcy Court, D. New Jersey · Aug 12, 1988

[A]s Section 541(a)(1) clearly states, the estate is comprised of all legal or equitable interests of the debtor in property as of the commencement of the case. … the non-profit community service organization, stating: [A]ll the monies in the twelve Action accounts which Palmiter seeks to garnish are funds in which the United States has a property interest and which are therefore immune

Utah v. Troff (In Re Troff)

329 B.R. 85 · United States Bankruptcy Court, D. Utah · Aug 15, 2005

Robinson establishes that fines or any condition imposed as part of a criminal sentence is nondischargeable under section 523(a)(7).”). 2. … Clearly, Kelly was not a summary disposition and cannot now be so confined. See IB James Wm.

Sheedy v. Deutsche Bank National Trust Co. (In re Sheedy)

480 B.R. 204 · United States Bankruptcy Court, D. Massachusetts · Sep 27, 2012

The court in Fidler added: “professional education is not a prerequisite to qualify as an expert witness. One can qualify as an expert witness based upon practical experience as well.” Id. (citing Southern Cement Co. v. … [this] principle ... is well established ...”); Livonia Prop.

In Re Martin

371 B.R. 347 · United States Bankruptcy Court, C.D. Illinois · Jul 16, 2007

Here, the Debtors have clearly established that there is no reasonable alternative to the feeding, clothing, diapering, and caring for their new baby, and the UST has not even attempted to suggest any reasonable alternative … The Debtors have not sought to discharge the student loan and their attorney conceded at the hearing that, based on the current state of the law, the Debtors would not qualify for a discharge of their student loan debt. 11

United States v. McBroom (In re Camco)

2 B.R. 239 · United States Bankruptcy Court, E.D. Washington · Jan 18, 1980

This connecting link is clearly established by three distinct instruments. On June 29, 1970 Cameo unconditionally guaranteed payment at all times of any and all indebtedness then or thereafter owed by FDS to the Bank. … Read together they clearly show that the security interest in Cameo’s inventory flowed to the SBA.

Kelley v. Sclater (In Re Sclater)

40 B.R. 594 · United States Bankruptcy Court, E.D. Michigan · Mar 22, 1984

Although a literal reading of this rule would indicate that an attorney general cannot qualify as the class representative, the courts have not interpreted the rule so narrowly. … The state did not attempt to establish its standing to bring an action against the debtor under the parens patriae doctrine. 3 .

In Re New Orleans Paddlewheels, Inc.

350 B.R. 667 · United States Bankruptcy Court, E.D. Louisiana · Sep 22, 2006

A simple review of a portion of the exhibits submitted into evidence establishes this fact. … The evidence clearly establishes that both pre and post petition, debtor’s management failed to property account for or disclose the existence of significant inter-company obligations and other assets.