Case law

In Re Weitzman

381 B.R. 874 · United States Bankruptcy Court, N.D. Illinois · Feb 7, 2008

Assuming service on an agent of the Trustee is proper pursuant to 735 ILCS § 5/2-212, the Casino has not established whether that someone in the office was an employee of the Trustee and whether he or she qualifies as an … The court will hold a status hearing on this case for the Casino to report about the disposition of the Complaint in the State Court. 5 Given the result, the court need not rule on the laches or immunity arguments.

In Re Opelika Manufacturing Corp.

66 B.R. 444 · United States Bankruptcy Court, N.D. Illinois · Oct 16, 1986

If the party seeking relief from the stay does not establish by a preponderance of the evidence that the debtor lacks equity in the property, the movant is not entitled to the relief requested as it has failed to establish … By stipulation, Dalhart qualified as an expert for the purpose of testifying as to the methods of valuing businesses.

Limkemann v. U.S. Department of Education (In Re Limkemann)

314 B.R. 190 · United States Bankruptcy Court, N.D. Iowa · Aug 9, 2004

To determine whether undue hardship exists, the Eighth Circuit has established a “totality of the circumstances” test. … Debtor is clearly not “on the eve of a lucrative career,” and thus falls outside the class of persons targeted by Congress in limiting the availability of discharge for student loan obligations.

In Re Harloff

247 B.R. 523 · United States Bankruptcy Court, M.D. Florida · Mar 29, 2000

This record leaves no doubt that the Order confirming the Joint Plan specifically deals with the claim of Textron and clearly provides that the return of the equipment shall be deemed to be a full and complete satisfaction … This section grants first priority to claims which qualify as cost of administration under Section 503.

In Re Pacific Gas & Electric Company

295 B.R. 635 · United States Bankruptcy Court, N.D. California · May 15, 2003

PG & E contends that its actions are immunized from liability by the “state action” doctrine, because its actions were undertaken under a “clearly articulated and affirmatively expressed” policy of the State of California … There the Court explained that the state action immunity is available where the challenged restraint is “clearly articulated and affirmatively expressed as State policy” and that policy is “actively supervised by the State

Meininger v. Burnworth (In re Kaye)

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.

Action Industries, Inc. v. Dixie Enterprises, Inc. (In Re Dixie Enterprises, Inc.)

22 B.R. 855 · United States Bankruptcy Court, S.D. Ohio · Aug 31, 1982

Provident by statutory definition qualified as both. O.R.C. §§ 1301.01(FF), (GG) 4 (U.C.C. 1-201). … A complaint may be dismissed on motion if it is clearly without any merit and it appears to a certainty that the plaintiff is entitled to no relief under any state of facts which can be proven.

In Re Hatzenbuehler

282 B.R. 828 · United States Bankruptcy Court, N.D. Texas · Aug 26, 2002

For example, the Bankruptcy Code clearly excepts from the section 109(e) analysis debts which are contingent or unliquidated on the date the debtor’s petition is filed. … Conversely, where the dispute requires a creditor to establish the debtor’s liability, the debt should not count for section 109(e) purposes.

Jarnicki v. Clemons (In Re Clemons)

42 B.R. 796 · United States Bankruptcy Court, S.D. Ohio · Jul 12, 1984

By no stretch of the imagination can it be said that Simpson qualifies as a good faith transferee. He is the father of debtor. … Under these circumstances, clearly Simpson was not a good faith transferee.

Collier v. Hill (In Re Collier)

410 B.R. 464 · United States Bankruptcy Court, E.D. Texas · Apr 7, 2009

Thus, even if the evidence establishes the existence of a willful stay violation, a debtor must still establish actual damages, though the damage provisions of § 362(k) are stated in mandatory terms. … This clearly constitutes egregious behavior that simply cannot be tolerated nor excused.

River Oaks Furniture, Inc. v. BDO Seidman (In Re River Oaks Furniture, Inc.)

276 B.R. 507 · United States Bankruptcy Court, N.D. Mississippi · Apr 4, 2001

Gary French *532 French was qualified as an expert witness for River Oaks in economics and finance. … This is clearly shown by the fact that ROF began losing money in the 4th quarter of 1994 and never recovered. ROF was clearly undercapitalized as early as 1994 and 1995.

Hicks v. First National Bank of Harrison (In Re Hicks)

65 B.R. 980 · United States Bankruptcy Court, W.D. Arkansas · Oct 20, 1986

Hicks has been treated differently than the Bank’s other efficient, qualified tellers. The real issue becomes whether the discriminatory treatment of Mrs. Hicks is the type the Code was designed to prohibit. … Hicks’ transfer to the accounting department clearly establish that the decision to move her was based solely on her bankruptcy filing. 3. Remedies (a) Position Mrs.

Irvine v. Commissioner (In Re Irvine)

163 B.R. 983 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 6, 1994

Since direct proof of a debtor’s willful attempt to evade taxes may be difficult to establish, “circumstantial evidence and reasonable inferences” drawn therefrom may be used to establish the debtor’s willfulness. … Gomberg, an expert on addictive behaviors, had presented sufficient credentials and experience to qualify as an expert with respect to pathological gambling.

Official Committee of Unsecured Creditors of Maxwell Newspapers, Inc. v. MacMillan, Inc. (In Re Maxwell Newspapers, Inc.)

189 B.R. 282 · United States Bankruptcy Court, S.D. New York · Dec 14, 1995

Further, they urge that they should now be allowed to argue an “account stated” legal theory, rather than the conditional one expressed so clearly in their complaint. II. .A. … To establish standing pursuant to section 1123(b)(3)(B), the plaintiff who is neither the debtor nor the trustee must establish two elements: “(1) that it has been appointed, and (2) that it is a representative of the estate

Hartigan v. Pine Lake Village Apartment Co. (In Re Pine Lake Village Apartment Co.)

16 B.R. 750 · United States Bankruptcy Court, S.D. New York · Jan 20, 1982

Certainly this section should be used sparingly and not as a substitute for a motion to dismiss under Code § 1112(b), where one of the nine enumerated grounds must be established before a Chapter 11 case may be dismissed. … The debtor desires to engage another manager who the debtor says “will be independent and qualified” to operate the property.

Scharffenberger v. Kirkland (In Re Allegheny Health, Education & Research Foundation)

321 B.R. 776 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 11, 2005

National Collegiate Athletic Ass’n, 9 F.Supp.2d 460, 475-478 (D.N.J.1998); 42 U.S.C.A. § 12131 (2) (West 1995) (ADA Title II definition of “qualified individual with a disability”). … against by his or her defendant on the basis of his or her disability, and (c) such defendant owns, leases (or leases to), or operates a place of public accommodation, see Bowers, 9 F.Supp.2d at 480 ; although not stated as clearly

In Re Albertson

68 B.R. 1017 · United States Bankruptcy Court, W.D. Missouri · Jan 14, 1987

This Court agrees that it is clear Congress intended a qualified privilege of conversion from existing Chapter 11 and Chapter 13 cases. … There Congress had passed the so called “White Slavery Cases” which were clearly designed to *1021 eliminate organized prostitution and the interstate transportation of prostitutes from state to state.

Nicola v. Northfield Insurance Co. (In Re Redfeather Fast Freight, Inc.)

1 B.R. 446 · United States Bankruptcy Court, D. Nebraska · Dec 10, 1979

The parties have agreed that the following may be accepted as established facts for the purposes of this case only: “That plaintiff, Merle Nicola, is the duly qualified and acting Trustee of the Estate of Redfeather Fast … Clearly, there are two funds requiring disposition. The funds which have been paid into this Court must be returned to Mark III.

In Re Featherworks Corp.

25 B.R. 634 · United States Bankruptcy Court, E.D. New York · Dec 20, 1982

If those liens were invalid, not only would the plan not qualify for confirmation, but general creditors could be certain, in the event of a liquidation, of receiving more than the plan now offers. … The debtor asserts “that the Court is without discretion to permit the submission of evidence which was clearly available to the party prior to the conclusion of the hearings.”

In Re Wise

264 B.R. 701 · United States Bankruptcy Court, D. Colorado · Jul 24, 2001

Colorado’s Uniform Dissolution of Marriage Act codifies a spouse’s common law personal right to support into a qualified statutory right to maintenance. … Like Nebraska law, Colorado law clearly distinguishes between property settlements and maintenance.