Case law

In re Brewer

544 B.R. 177 · United States Bankruptcy Court, W.D. Missouri · Dec 22, 2015

a “qualified spousal trust,” or QST. … trust by the trustee of the qualified spousal trust.”

In Re Bonzey

153 B.R. 105 · United States Bankruptcy Court, D. Rhode Island · Apr 23, 1993

The Chapter 7 Trustee objects to the Debtor’s claim of exemption in the automobile. 2 DISCUSSION The Rhode Island statute upon which the Debtor relies in claiming her car as exempt, provides in pertinent part: *107 Immunity … The Debtor now concedes that her jewelry does not qualify as "wearing apparel” and has withdrawn her claim of exemption as to these items. 3 .

Maus v. Joint Township District Mem. Hospital (In Re Maus)

282 B.R. 836 · United States Bankruptcy Court, N.D. Ohio · May 14, 2002

In its defense, however, the Creditor argues that its garnishment action is immune from attack because of what is known as the small preference exception as set forth in § 547(c)(8). … Such an interpretation would clearly be contrary to Congress’ intentions. Id. (internal citations omitted).

In Re Refco Inc.

336 B.R. 187 · United States Bankruptcy Court, S.D. New York · Jan 20, 2006

immunity given to members of an official creditors’ committee and the committee’s professionals, 12 the order provides for exculpation of such parties coextensive with such immunity. … Without limiting the foregoing, the exculpation provided in this paragraph shall be coextensive with any Exculpated Party’s qualified immunity under applicable law. 12.

MATTER OF McGUIRE

37 B.R. 365 · United States Bankruptcy Court, M.D. Florida · Jan 20, 1984

Const. which provision immunizes the residence of a debtor from the claim of creditors provided that the property qualifies for homestead treatment. … Stat. (1981), that status, which qualifies the owner's property for homestead exemption, inures to the benefit of his surviving spouse who also enjoys the right to assert this complaint.

Matter of La Fata

41 B.R. 842 · United States Bankruptcy Court, E.D. Michigan · Sep 7, 1984

An “all or nothing” approach ignores the balancing approach established by the Code. … Only a debtor who is an employee covered by a qualified ERISA plan managed by independent trustees may protect his investment because such a plan would normally qualify as a spendthrift trust within the meaning of § 541(c

Brookwood Court Nursing Home v. Spirito (In Re Bolton Hall Nursing Home, Inc.)

31 B.R. 765 · United States Bankruptcy Court, D. Massachusetts · Jun 28, 1983

Fisher, Jr., are the duly appointed, qualified, and surviving trustees/receivers (“Trustees”) of plaintiff Bolton Hall Nursing Home, Inc., (“Debtor”), debtor in a proceeding pending before the Court under Chapter XII of the … Although the defendant has not waived his claim of immunity under the Eleventh Amendment, there is no longer an occasion to consider it.

Bauer v. General Electric Capital Corp. (In re Oncology Associates of Ocean County LLC)

510 B.R. 463 · United States Bankruptcy Court, D. New Jersey · Jun 10, 2014

principles of sovereign immunity. … of § 544(b), observing that “where there exists a plausible interpretation of a provision that would preserve immunity— even if that interpretation is not the only reading available — that ‘is enough to establish that a

In Re Christie

218 B.R. 27 · United States Bankruptcy Court, D. New Jersey · Feb 3, 1998

Richard Christie, FD-001142-86, the Superior Court of New Jersey entered an order on February 13, 1986, establishing a $40.00 per week obligation. … First, the Court determined that the language of the Act indicates that Congress clearly intended to abrogate the State’s immunity. Id.

In Re D'Avignon

34 B.R. 790 · United States Bankruptcy Court, D. Vermont · Sep 18, 1981

The Davis case is clearly in point. The husband and wife filed separate petitions on different dates. … The Schedules clearly indicate that they have joint obligations in the total sum of $69,608.00.

Crawford v. Margabandhu (In re Maya Rests., Inc.)

585 B.R. 761 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 29, 2018

immunity from liability for civil damages provided that her conduct did not violate clearly established statutory or constitutional rights. 70 Mr. … Noerr - Pennington immunity is not unlimited.

Clark v. Kazi (In Re Kazi)

125 B.R. 981 · United States Bankruptcy Court, S.D. Illinois · Feb 4, 1991

Kazi’s pension and profit sharing plans may be excluded from the bankruptcy estate only if they qualify as spendthrift trusts under Illinois law. The majority of courts clearly support the latter position. … Kazi, M.D., Ltd., and is a participant in the pension and profit sharing plans established by that corporation. Clearly, the plans are self-settled, and for that reason alone, fail to qualify as spendthrift trusts.

In Re Buren

4 B.R. 109 · United States Bankruptcy Court, M.D. Tennessee · Mar 28, 1980

The language of § 1325(b) of the Code and the definitions contained in § 101 clearly overrule the immunity analysis in Krakover . … Casual reference to the legislative history of Chapter 13 establishes Congressional attitude toward individuals desirous of paying their debts under Chapter 13.

Brown v. Snellen (In Re Giesing)

96 B.R. 229 · United States Bankruptcy Court, W.D. Missouri · Feb 13, 1989

As a threshold inquiry, however, the definition does operate as an exclusionary rule under which executed or non-executory contracts are identified and immunized against the provisions of § 365. Id. … Although permitting the trustee to reject the option contract would indeed benefit the estate, the factual circumstances clearly prevent the contract from qualifying as an executory contract under the aforementioned exclusionary

In Re Stephenson

84 B.R. 74 · United States Bankruptcy Court, N.D. Texas · Mar 21, 1988

It is well established that the government may setoff funds owed by one agency in order to collect debts owed to other agencies. … The Debtors’ claims under the 1987 Act are clearly postpetition and, therefore, cannot be offset against the FmHA’s prepetition claims.

In Re LTV Steel Co., Inc.

264 B.R. 455 · United States Bankruptcy Court, N.D. Ohio · Jul 2, 2001

Second, a state’s sovereign immunity may be circumvented if the state expressly waives its sovereign immunity. College Savs. Bank v. Fla. Prepaid Postsecondary Educ. … The Tribe’s lawsuit sought a declaratory judgment to establish its right to exclusive use and occupancy of the submerged lands as well as establishing the invalidity of all state laws that regulated or affected the submerged

In Re Jokiel

453 B.R. 743 · United States Bankruptcy Court, N.D. Illinois · Apr 22, 2011

The Debtor was therefore clearly on notice that the Supplemental Plan would not qualify for special tax treatment. … For the same reason, it was not subject to ERISA’s establishment of a trust over plan assets. See 29 U.S.C. §§ 1101 (a)(1), 1103.

In Re Fodor

339 B.R. 519 · United States Bankruptcy Court, M.D. Florida · Mar 23, 2006

Applicable Burden of Proof Under Federal Rule of Bankruptcy Procedure 4003(c), the objecting party bears the burden of establishing that the exemption is not properly claimed. … It is possible, for example, that a person entitled to the tax exemption may not be immune from the claims of creditors.

Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC

480 B.R. 501 · United States Bankruptcy Court, S.D. New York · Oct 11, 2012

The 2006 PPM clearly stated: As a result of the Investment Manager’s selection of Bernard L. … BLI is a “Foreign State” Under The FSIA The initial dispute centers on whether BLI qualifies as a “foreign state” entitled to immunity under the FSIA.

In Re Lamb

179 B.R. 419 · United States Bankruptcy Court, D. New Jersey · Nov 10, 1994

Clearly, Congress never intended such a result as would prevail here if the [djebtor had his way. … Simply, these factors alone do not clearly establish that his IRA is exempt pursuant to section 522(d)(10)(E).