Case law

In Re Jackus

442 B.R. 365 · United States Bankruptcy Court, D. New Jersey · Jan 14, 2011

Clearly, Mrs. … “Generally speaking, an auction may be sufficient to establish that one has paid ‘value’ for assets of a [debtor].” See In re Abbotts Dairies of Pennsylvania, 788 F.2d 143 , 147 (3d Cir.1986).

Seelen v. Melissa Marie Arnette & Wells Fargo Bank N.A. (In re Arnette)

584 B.R. 304 · United States Bankruptcy Court, W.D. Wisconsin · Mar 23, 2018

The Trustee concedes he would only qualify as a subsequent bona fide purchaser if he did not have constructive or actual notice of the Mortgage. … Though it lacks a legal description, the Mortgage clearly satisfies the statute of frauds. The Mortgage identifies the Property as that "which has the address of 608 Gilbert Street, Eau Claire, Wisconsin."

In Re Suzanne De Lyon, Inc.

125 B.R. 863 · United States Bankruptcy Court, S.D. New York · Apr 2, 1991

The Debtor is currently qualified to do business only in Texas. SDL prepared and filed an application to become qualified to do business in New York shortly before filing the Chapter 11 petition. … The proximity of the creditors in this case clearly favors retaining the case in New York. There are more unsecured creditors in the New York metropolitan area than there are in Texas.

In re New Century TRS Holdings, Inc.

495 B.R. 625 · United States Bankruptcy Court, D. Delaware · Jul 29, 2013

Gross income is used across the board to qualify borrowers. So since this is nontaxed income, we grossed it up.” … The party seeking to rely on the apparent authority of a putative agent must establish: (1) that the appearance of authority has been created by the conduct of the alleged principal and it cannot be established alone and

In Re B.B.S.I., Ltd.

81 B.R. 227 · United States Bankruptcy Court, E.D. New York · Jan 19, 1988

If the court documents and arguments clearly establish that a claim is or is not subject to a bona fide dispute, a trial is unnecessary to determine whether an involuntary petition is jurisdic-tionally defective. … In re Lough, 57 B.R. 993 (Bkrtcy.E.D.Mich.1986), concluded “if there is a bona fide dispute as to either the law or the facts, then the creditor does not qualify and the petition must be dismissed.” Id. at 997 .

In Re CF & I Fabricators of Utah, Inc.

148 B.R. 332 · United States Bankruptcy Court, D. Utah · Nov 25, 1992

The prospective purchaser has established a schedule that requires resolution of these and other issues or its participation in the Debtors’ reorganization will be withdrawn. … The IRS argues that the protective language in the original proofs of claim clearly placed the 1985 through 1989 income tax liabilities in issue.

Woodcock v. United States Ex Rel. Department of Education (In Re Woodcock)

315 B.R. 487 · United States Bankruptcy Court, W.D. Missouri · Oct 6, 2004

Woodcock’s request on this basis- is clearly un *495 timely. … The Court also finds that Woodcock does not qualify for relief pursuant to Fed.R.Civ.P. 60(b)(5) or (6).

Babitt v. Vebeliunas (In Re Vebeliunas)

252 B.R. 878 · United States Bankruptcy Court, S.D. New York · Apr 21, 2000

This decision is clearly distinguishable from the one at hand, for here the deed to the IVT was recorded, and the banks had notice of it. … Because “[t]he doctrine of equitable estoppel should be applied cautiously and used only when grounds for its application are clearly established,” this doctrine is not appropriate *889 in this case.

Joint Apprenticeship Comm. of United Ass'n Local Union No 307 v. Rezendes (In Re Rezendes)

318 B.R. 436 · United States Bankruptcy Court, N.D. Indiana · Feb 5, 2004

Clearly, the Plaintiffs program was intended not as an educational benefit to the Debtor, but rather it was intended to benefit the Plaintiff by assuring that it had a qualified nursing staff on a relatively long-term basis … The existence of the above-designated third class of apprenticeship participants quite clearly establishes that the purpose of the promissory note/agreement used by JATC is not to obtain repayment at a future date, but rather

Mosier v. Ever-Fresh Foods Co. (In Re IRFM, Inc.)

144 B.R. 886 · United States Bankruptcy Court, C.D. California · Sep 4, 1992

Creditor alleges all of the payments qualify for a new value defense under Code § 547(c)(4). Trustee argues that § 547(c)(4)(B) requires new value to remain unpaid. Both parties moved for summary judgment. … After establishing that the transfers were preferential, § 547(g) shifts the burden to Creditor to establish one of the § 547(c) defenses.

Woodson v. General Motors Acceptance Corp. (In Re Harvey)

80 B.R. 533 · United States Bankruptcy Court, N.D. Oklahoma · Dec 10, 1987

Woodson is the duly appointed, qualified and acting Trustee of all of the above-mentioned debtors’ estates in bankruptcy. 10. … Harvey’s contract, dated September 17, 1985, concerning the 1985 Pontiac Trans Am, is not clearly legible.

Braunstein v. UIU Health & Welfare Fund (In Re Broderick Co.)

177 B.R. 430 · United States Bankruptcy Court, D. Massachusetts · Feb 9, 1995

On the basis of the facts to which the Defendant has stipulated, the Defendant clearly has conceded four elements of the Trustee’s cause of action: that the Debtor made the transfers at issue in the amounts alleged; that … Therefore, the Trustee can be deemed to have satisfied this requirement only if the Fund itself qualifies as a creditor with respect to these payments.

In Re Butts

45 B.R. 34 · United States Bankruptcy Court, D. North Dakota · Sep 12, 1984

At a minimum, therefore, the legislative history of an act must be examined to insure that a statute is not applied in a manner contrary to congressional intent which is clearly evidenced in the legislative history of the … Even where the legislative history on the conversion issue is not totally disregarded by a court, the comments have been accepted and applied only in a qualified sense.

In Re Landry

268 B.R. 301 · United States Bankruptcy Court, M.D. Florida · Sep 17, 2001

On June 5, 2001, the Court heard evidence on what constitutes a reasonable fee *304 to pay a bankruptcy petition preparer for preparing bankruptcy pleadings in a consumer Chapter 7 bankruptcy case and to establish guidelines … Rather, a qualified bankruptcy petition preparer who performs tasks within the guidelines of Section 110 of the Bankruptcy Code should spend no more than one and one-half hours on the allowed secretarial tasks.

In Re Dean

177 B.R. 727 · United States Bankruptcy Court, S.D. Florida. · Feb 6, 1995

The court cited the “long and well established history of liberally construing and applying” the homestead exemption, and concluded that “ownership” for purposes of the homestead exemption is not limited to fee simple ownership … The public policy underlying the homestead exemption from forced sale is clearly more compelling than the public policy underlying the tax exemption.

Casino Caribbean, LLC v. Money Centers of America, Inc. (In re Money Center of America, Inc.)

544 B.R. 107 · United States Bankruptcy Court, D. Delaware · Jan 28, 2016

QCA clearly presents questions of law and fact similar to the Plaintiffs and therefore judicial economy and consistency are served by adjudicating all claims in a single proceeding. … In its Brief, QCA cites Collier on Bankruptcy ¶ 541.28, 11 USC § 1111 (a) and two cases 7 to establish that QCA is a creditor under § 1109(b).

Gray v. Gray (In Re Gray)

322 B.R. 682 · United States Bankruptcy Court, N.D. Alabama · Apr 6, 2005

The burden rests on the moving party to clearly establish the absence of a *686 genuine issue as to- any material fact. See Celotex, 477 U.S. at 323 , 106 S.Ct. 2548 . … This Court stated as follows: To be successful in establishing that a particular debt qualifies for the exception to a discharge for a debt that accrues as a result of a “willful and malicious injury by the debtor,” under

In re McAllister

510 B.R. 409 · United States Bankruptcy Court, N.D. Georgia · Apr 3, 2014

McAllister’s proposed modification is clearly more advantageous to creditors than refusing to approve his modification. D. Exercise of Discretion Mr. … No such immunity exists with regard to non-estate property, but the discharge injunction of § 524(c) protects it from debts that are discharged.

In Re Robbins

119 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Sep 11, 1990

This wording is crucial, for the same phrase is used in the section establishing the nature and value of a secured claim. … Section 506(b) draws the distinction even more clearly.

Malec v. Cook County Clerk (In Re Malec)

442 B.R. 130 · United States Bankruptcy Court, N.D. Illinois · Jan 4, 2011

It has long been established that the Bankruptcy Code employs the “broadest available definition of claim.” Johnson v. Home State Bank, 501 U.S. 78, 83 , 111 S.Ct. 2150 , 115 L.Ed.2d 66 (1991). … The County misrepresents Johnson , as the Supreme Court clearly indicated that it “had no trouble concluding that the mortgage interest ... is a claim within section 101(5),” and therefore subject to inclusion in a chapter