Case law

Todt v. Ocwen Loan Servicing, LLC (In re Todt)

2017 BNH 007 · United States Bankruptcy Court, D. New Hampshire · May 17, 2017

“Damages for emotional distress are proper where the debtor clearly establishes that he or she suffered significant harm and demonstrates a causal connection between that significant harm and the willful violation of the … “There are several ways a debtor can clearly establish significant emotional harm, including but not limited to offering corroborating medical evidence, offering corroborating non-expert testimony, showing the violator engaged

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.

Rinaldi v. HSBC Bank USA, N.A.

487 B.R. 516 · United States Bankruptcy Court, E.D. Wisconsin · Feb 22, 2013

Accordingly, the adjustable interest rate does not prevent the Note from qualifying as a negotiable instrument. … Hupy, [P]arties and counsel are immune from liability for relevant statements in pleadings and otherwise in the course of judicial proceedings.

In Re Chinosorn

243 B.R. 688 · United States Bankruptcy Court, N.D. Illinois · Jan 19, 2000

Adams, 462 U.S. 791, 798 , 103 S.Ct. 2706, 2711 , 77 L.Ed.2d 180 (1983) (“[A] mortgagee clearly has a legally protected property interest,” and so is “entitled to notice reasonably calculated to apprise him” of a proceeding … To the extent that the property is thus “immune from process” under state law, it is exempt under § 522(b)(2)(B). Napotnik v. Equibank & Parkvale Sav.

In re K Lunde, LLC

513 B.R. 587 · United States Bankruptcy Court, D. Colorado · Mar 24, 2014

Yet to qualify as an administrative cost, which is governed by § 503(b)(l)(B)(i), it would have to have been incurred by the estate, rather than the debtor. … If a plan proposed this type of treatment of a secured tax claim before 2005, then the plan itself clearly impaired the secured tax claimant’s legal rights.

In re World Imports

516 B.R. 296 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 10, 2014

Co., 547 U.S. 651, 655 , 126 S.Ct. *298 2105, 2106 , 165 L.Ed.2d 110 (2006) (noting discrete exceptions to the general equality principle must be “clearly authorized by Congress”). … It is the Debtor’s position that a drop-shipment is not received by the retail merchant and so it can never qualify for administrative priority status under § 503(b)(9).

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

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

In Re Perkins

244 B.R. 835 · United States Bankruptcy Court, D. Montana · Feb 16, 2000

Such activity, based upon a plain reading of § 704, 5 is clearly within *843 the ambit of the trustee’s duties, especially when one considers the fact that all Mr. … recommended by the relevant law school or business school dean and working under the direct supervision of: (A) A member of a law school faculty; or (B) A member of the panel of private trustees; or (C) A member of a program established

In Re A.P.I. Inc.

331 B.R. 828 · United States Bankruptcy Court, D. Minnesota · Oct 15, 2005

Those claims that satisfied the pro *863 posed trustee for such qualification constitute “Qualified Current Direct” claims. … As structured, this immunity is limited in at least two dimensions — and one of them makes it quite distinct from a discharge in bankruptcy.

1111 Myrtle Avenue Group LLC v. Myrtle Property Holdings LLC (In re 1111 Myrtle Avenue Group LLC)

575 B.R. 567 · United States Bankruptcy Court, S.D. New York · Aug 25, 2017

Relevant with respect to the issues before the Court, the Agreement contained a provision that allowed the Agreement to be assigned, but severely limited who qualified as an as-signee: Purchaser may assign this Agreement … Brunner, the Plaintiff-Seller explained that he had used the $7.5 million Deposit for a different transaction and therefore would not qualify for a like-kind exchange under the tax code. See 8/17 Trial Tr. 31:16-25.

National Forge Co. v. Independent Union of National Forge Employees (In Re National Forge Co.)

289 B.R. 803 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 17, 2003

A similar notice was provided to Park Corporation, the only other qualified bidder under the established bidding procedure. … A sale at the highest possible price is clearly best for all concerned. Achievement of the highest possible price requires that the CBA be rejected. V.

Stambaugh v. PNC Bank, N.A. (In re Stambaugh)

532 B.R. 572 · United States Bankruptcy Court, M.D. Pennsylvania · Mar 3, 2015

Ultimately, the court in Heller found that the appellant, Ameriquest Mortgage Company, did not qualify for equitable subrogation. … A declaratory judgment action seeking specific performance,' or injunctive relief, is clearly equitable in nature.

In Re Estate of the Assignment for the Benefit of Creditors of May

405 B.R. 443 · United States Bankruptcy Court, E.D. Michigan · May 27, 2008

The Supreme Court has delineated the salient features which, if present, will qualify a trust as a business trust for tax purposes. … As an “individual,” Edward May is clearly eligible to be a bankruptcy debtor, in either a voluntary or an involuntary bankruptcy.

Stevens v. Beck (In re Dickey)

19 B.R. 489 · United States Bankruptcy Court, S.D. Florida. · Apr 15, 1982

In fact, it cannot be established from the evidence presented that there was equity in the stock at that time. … Thus, one who takes by pledge, as the creditor herein, must receive endorsement of the stock certificates in order to qualify as a bonafide purchaser. Florida Statutes § 678.302.

In re Parrilla

530 B.R. 1 · United States Bankruptcy Court, D. Puerto Rico · Feb 23, 2015

LBR 2016-l(f)(2) 3 *13 establishes the responsibilities that counsel for the chapter 13 debtor must comply with under the flat fee. Attorneys who request fees greater than the flat fee established in P.R. … The court does note that the disclosures in the form identified as “Disclosure of Compensation of Attorney for Debtor(s)” does not clearly establish if the ultimate fee to be charged is the flat fee of $3,000 or a higher

Woszczyna v. Woszczyna (In Re Woszczyna)

295 B.R. 425 · United States Bankruptcy Court, D. Connecticut · Jun 17, 2003

The court concludes that the judgment’s financial orders clearly provides for a property distribution to the plaintiff in a marriage dissolution action. … CONCLUSION For the aforementioned reasons, the court concludes that the debt established in the judgment’s financial orders and owed to the plaintiff is nondischargeable.

Gray v. Executive Risk Indemnity, Inc. (In Re Molten Metal Technology, Inc.)

271 B.R. 711 · United States Bankruptcy Court, D. Massachusetts · Jan 3, 2002

They must state clearly what items are to be excluded. The Stop & Shop Cos., Inc. v. Fed. Ins. Co., 136 F.3d 71, 73 (1st Cir.1998). … The Court will make a ruling of law that certain facts are uncontroverted and therefore deemed established, will recite the facts so established, and, if appropriate, will rule that there is no genuine issue as to any material

IT Group, Inc. v. Bookspan (In Re IT Group, Inc.)

305 B.R. 402 · United States Bankruptcy Court, D. Delaware · Feb 3, 2004

The Plan constitutes an unfunded plan that is not qualified under [Internal Revenue Code] Section 401(a). (Deferred Compensation Plan at ¶ 1.) … The Deferred Compensation Plan documents all clearly provide that the Plan participants have no greater rights to the Plan and Trust assets than a general unsecured creditor.

DuVoisin v. Anderson (In Re Southern Industrial Banking Corp.)

66 B.R. 349 · United States Bankruptcy Court, E.D. Tennessee · Sep 26, 1986

Under the circumstances equitable considerations clearly do not warrant imposing a constructive trust. … In an attempt to establish trustee Deutscher's intent, defendants also rely upon the affidavits of Willard N.