Case law

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.

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 Palm Investments of Pinellas County, Inc.

2 B.R. 646 · United States Bankruptcy Court, M.D. Florida · Feb 12, 1980

However, the ultimate burden of establishing the validity of a claim is on the claimant who must convince the Court by a fair preponderance of the evidence, Rasmussen v. … In this connection it is important to point out that some of the original stockholders of Valleydale who were clearly privy to the transactions between Palm and Valleydale were never called as witnesses and there was no showing

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 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

Fitzgerald v. Cheverie (In Re Edward Harvey Co.)

68 B.R. 851 · United States Bankruptcy Court, D. Massachusetts · Jan 9, 1987

In support of his waiver argument, the Trustee asserts that Cheverie failed to qualify his acceptance of rent as use and occupation; failed to indicate that he intended to exercise his right of forfeiture, and delayed for … Clearly, part of the alleged consideration testified to by Richard Cheverie was valueless.

Hoffman v. Educational Credit Management Corp. (In re Hoffman)

557 B.R. 177 · United States Bankruptcy Court, D. Colorado · Sep 7, 2016

ECMC also contended Debtor’s complaint failed to state a claim for relief for “undue hardship” as established by § 523(a)(8) and applicable case law. … Even though the case was dismissed without prejudice, the District Court clearly stated that both sides had failed to pursue the case for over a year.

In re DeMarco

258 B.R. 480 · United States Bankruptcy Court, M.D. Florida · Jan 6, 1999

In the early 1990’s, Nancy Burton apparently determined that Tri-D could obtain certain contractual or bidding advantages if it qualified as a “minority” company, or a company with the majority of its ownership held by women … If it is established that the individual is a “responsible person,” the burden shifts to the individual to prove that his conduct was not “willful.”

In re Hunter

597 B.R. 287 · United States Bankruptcy Court, M.D. North Carolina · Feb 19, 2019

Thus, rehabilitation depends upon establishing a cash flow from which current obligations can be satisfied. … While the parties agree on little, the court finds that the following basic facts were established at the hearing, - The Debtor established that he currently has monthly gross income of $ 12,916.00.

In Re Petit

291 B.R. 582 · United States Bankruptcy Court, D. Maine · Mar 12, 2003

Also, many of the services described are really trustee duties, and are not sufficiently detailed to qualify as attorney time. … A fact clearly obvious to Key Bank, as well. 10 .

In Re Syed

238 B.R. 126 · United States Bankruptcy Court, N.D. Illinois · May 13, 1999

The credible testimony of the City’s expert witnesses was that cost of rehabilitation of the premises clearly exceeds $2 million. 47. … Debtor did not establish other sources of funding to pay for the rehabilitation. 50.

Brewer v. Tip Top Credit Union (In Re Brewer)

65 B.R. 75 · United States Bankruptcy Court, W.D. Missouri · Sep 15, 1986

principal distinction between a “tenant” and a “cropper” is that the tenant has a possessory interest in the land, whereas the cultivator has only an incorporeal interest which may be merely a license, or a limited and qualified … In the action at bar, however, the evidence clearly shows that the debtors already had purchased the seed which they intended to plant and that Mr.

In re Reece

498 B.R. 72 · United States Bankruptcy Court, W.D. Virginia · Aug 20, 2013

Section 707(b) contains the means test as a threshold examination to establish a presumption that a chapter 7 discharge may be an abuse. … The Court did not, however, define what specific conduct qualifies as bad faith sufficient to permit dismissal or denial of conversion.

In Re Kulzer Roofing, Inc.

139 B.R. 132 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 10, 1992

More generally, the Local 30 Vacation Agreement sets forth how the trustees should utilize the Vacation Fund, describes the trustees’ authorized powers and immunities, and addresses several other issues. … In the instant factual setting, as will be demonstrated infra, there is no federal statute which so clearly provides that funds withheld are to be deemed held in trust.

Pryor v. Zerbo (In Re Zerbo)

397 B.R. 642 · United States Bankruptcy Court, E.D. New York · Nov 26, 2008

This is clearly the “contemporaneous exchange” referred to in Bankruptcy Code § 547(c)(1), as a defense to a preferential transfer claim. … Moreover, the parents’ loan does not qualify for the affirmative defense under Section 547(c)(7).

In Re Roman Catholic Archbishop of Portland in Oregon

335 B.R. 815 · United States Bankruptcy Court, D. Oregon · Dec 23, 2005

That is clearly relevant to the issues in these claims. Further, simply asking the questions cannot infringe on any First Amendment rights. There is no privilege to keep religious doctrine secret. 13. … Therefore, it is unnecessary for me to decide whether certain immunities would apply to protect him from being compelled to answer such questions.

In Re Marcoux

301 B.R. 381 · United States Bankruptcy Court, D. Connecticut · Nov 10, 2003

under this section, the court may not take into consideration whether a debtor has made, or continues to make, charitable contributions (that meet the definition of “charitable contribution” under section 548(d)(3)) to any qualified … The debtor established that his bankruptcy was precipitated by his unfortunate divorce; that he had made several attempts to repay the debts accrued during his prior marriage (Tr. at 13, 18); that he sold his first marital

Insulation Distributors, Inc. v. Waters (In re Waters Asbestos & Supply Co.)

225 B.R. 196 · United States Bankruptcy Court, D. Idaho · Aug 27, 1998

If the allegations of the third party complaint are proven, clearly any charges Trustee agreed to pay in connection with completion of Debtor’s unfinished projects would qualify for administrative expense status, and be payable … Defendants, as Third Party Plaintiffs, are seeking to establish the liability of Trustee and the bankruptcy estate for Plaintiffs charges.