Case law

Swain v. United States Department of Treasury (In Re Swain)

437 B.R. 549 · United States Bankruptcy Court, E.D. Michigan · Sep 27, 2010

The nondischargeability of any § 6672(a) debt is clearly established by the combination of two sections of the Bankruptcy Code — 11 U.S.C. §§ 523 (a)(1)(A) and 507(a)(8)(C). … Section 507 establishes the priorities of claims against a debtor.

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 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.

Durant v. Durant (In re Durant)

586 B.R. 577 · United States Bankruptcy Court, D. Maryland · Jun 19, 2018

The Plaintiff argues that the alleged conduct of the Defendant in connection with the Inheritance Funds, which underlies the State Court Judgment, qualifies as fraud or defalcation while acting in a fiduciary capacity under … Id. at 40. 8 The State Court's findings, supported by the record in the State Court action, establish *588 each element of section 523(a)(4).

Kelley v. Opportunity Finance, LLC (In re Petters Co.)

550 B.R. 457 · United States Bankruptcy Court, D. Minnesota · May 31, 2016

The Finn court did not highlight the fraud-centered qualifier of its cited precedent, or even acknowledge its presence in any pointed way. 22 It did not recognize any nuance stemming from the qualifier, and it gives no guidance … — a payment in satisfaction of which would then qualify as value and reasonably equivalent value within the meaning of MUFTA.

In Re Finova Capital Corp.

356 B.R. 609 · United States Bankruptcy Court, D. Delaware · Dec 6, 2006

The financing order established the procedure for FINOVA to obtain relief from the automatic stay upon three days notice. (PTE 22 ¶¶ 9-10.) … Levy clearly did not believe that section 8(a)(ii) addressed FI-NOVA’s right to credit bid.

In Re Air Vermont, Inc.

40 B.R. 323 · United States Bankruptcy Court, D. Vermont · May 2, 1984

This is so because each portion of a contract is qualified by other portions which are relevant thereto, and has no separate existence apart from them. … The undisputed testimony of the filing clerk of South Burlington, which the Court deems most convincing, clearly establishes that the financing statement together with Exhibit A and a check for $5.00 were received by her

In Re Atwell

148 B.R. 483 · United States Bankruptcy Court, W.D. Kentucky · Jan 5, 1993

The review of this factor is to be made on a case by case determination and is clearly within the sound discretion of the court. … However while this factor may be considered it will clearly not control either the question of whether fees should be awarded or to what amount of fees should be awarded.

9586 LLC v. Great American Group LLC (In re Abound Solar Manufacturing, LLC)

547 B.R. 611 · United States Bankruptcy Court, D. Delaware · Mar 1, 2016

To this end we have established the following which will be expanded upon/modified during our operational meetings with the onsite Abound teams: • Only pre qualified, highly experienced, clean tech knowledgeable rigging concerns … The Plaintiff further argues that “[i]f the elements of unjust enrichment are established, a plaintiff may be entitled to relief, even in the face of a contract with a clearly expressed contrary intent, if justice requires

Attorneys' Title Insurance Fund, Inc. v. Zecevic (In Re Zecevic)

344 B.R. 572 · United States Bankruptcy Court, N.D. Illinois · Apr 12, 2006

However, under McClellan in the Seventh Circuit any nefarious scheme will qualify, as shown by the foregoing quotation. … In a default situation, each such element must be established at least prima facia.

In re Charles Street African Methodist Episcopal Church

480 B.R. 66 · United States Bankruptcy Court, D. Massachusetts · Sep 11, 2012

CSAME alleges that OneUnited solicited other parties’ votes in *69 bad faith and in violation of the provisions of the Bankruptcy Code; CSAME does not contend — and clearly it is not the case — that OneUnited, by its premature … Even if CSAME were to prove its allegations in that regard, it would not establish bad faith.

McMullen Oil Co. v. Crysen Refining, Inc. (In Re McMullen Oil Co.)

251 B.R. 558 · United States Bankruptcy Court, C.D. California · Jun 29, 2000

Comerica has the burden of proving that it qualifies for this exception. … This case clearly differs from Pereira v. Hong Kong & Shanghai Banking Corp.

Nix v. Nix (In Re Nix)

185 B.R. 929 · United States Bankruptcy Court, N.D. Georgia · Oct 18, 1994

Plaintiff disputes Defendant’s claim that a large disparity in earning ability existed between them; however, Plaintiff acknowledges that at the time of the trial, Defendant was not qualified to earn as much income as he … For instance, as clearly-shown on the face of the verdict form, the jury decided that, in addition to an equitable division of specifically identified property, Defendant was also entitled to an award of alimony to be provided

United States Elevator Corp. v. 1616 Reminc Ltd. Partnership (In Re 1616 Reminc Ltd. Partnership)

9 B.R. 679 · United States Bankruptcy Court, E.D. Virginia · Feb 23, 1981

The law in Virginia, by statute, clearly provides that the remedies granted by the Mechanic’s Lien statute shall be cumulative and not in lieu of any other legal or equitable remedy. … He also candidly acknowledged that much of his testimony was subject to different interpretations by engineers and other persons qualified to examine and evaluate elevator systems.

Litigation Trust for the Trust Beneficiaries of SNTL Corp. v. JP Morgan Chase (In re Superior National Insurance Gr.)

518 B.R. 562 · United States Bankruptcy Court, C.D. California · Sep 11, 2014

Bankr.P. 7026) provides a qualified immunity for tangible work product: Ordinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party … Clearly, the documents must be more than relevant to the litigation, because privilege is an exception to the rule requiring discovery of relevant material.

In Re Mandalay Shores Cooperative Housing Ass'n

22 B.R. 202 · United States Bankruptcy Court, M.D. Florida · Jul 13, 1982

that in spite of numerous and vigorous, albeit, unsuccessful attempts, first on an administrative level and later in the various courts, it never had a chance to succeed simply because HUD refused to consider MSCHA as a qualified … Since the Court is clearly not “a party in interest,” it may not, on its own motion, order the appointment of a trustee under this Section. In re Gurwitch, 6 BCD 264 (Bkrtcy S.D.Fla.1980).

West Michigan Community Bank v. Wierenga (In Re Wierenga)

431 B.R. 180 · United States Bankruptcy Court, W.D. Michigan · Jun 14, 2010

Likewise, the Plaintiffs Affidavit *185 establishes that the materials were adapted for use in the Property. … The removed Improvements are not of the same ilk as furniture, curtains, small appliances or other clearly movable personal property.

In Re Catamount Dyers, Inc.

50 B.R. 790 · United States Bankruptcy Court, D. Vermont · Jul 12, 1985

Robinson, Esquire, appointed as interim trustee, and he is still the duly qualified and acting trustee. … The trustee, in this case, has clearly brought himself within the purview of this statute since it has been established that the property has no realizable value or benefit to the estate.

In Re Johnson

336 B.R. 568 · United States Bankruptcy Court, S.D. Florida. · Jan 3, 2006

ANALYSIS IMPOSITION OF EQUITABLE LIEN In determining whether to grant Affiliated’s Motion for Imposition of Payment Obligation, the Court initially must determine whether Affiliated’s administrative claim qualifies for treatment … It is now clearly established that the imposition of an equitable lien against homestead property is limited to those circumstances wherein the owner of the property has acquired proceeds by fraud or reprehensible conduct

In re Visicon Shareholders Trust

478 B.R. 292 · United States Bankruptcy Court, S.D. Ohio · Aug 29, 2012

The reasons for this apparently cavalier approach never were completely clear, but what was exhibited was quite clearly a pattern of behavior and not discrete instances of a failure to comply. … In fact, the record has proven that management is not qualified to administer the financial responsibilities of a Chapter 11 debtor-in-possession or run the Hotel.