Case law

In re Towler

493 B.R. 239 · United States Bankruptcy Court, D. Colorado · May 28, 2013

An “exaction” is the “action of demanding and enforcing payment (of fees, taxes, penalties, etc.).” 3 Some exactions are clearly not taxes. … It establishes one limitation: no “unfair” discrimination.

Braniff, Inc. v. Sundstrand Data Control, Inc. (In Re Braniff, Inc.)

154 B.R. 773 · United States Bankruptcy Court, M.D. Florida · Apr 8, 1993

See In re Homes of Port Charlotte Florida, Inc., supra at 491 (“Even though the payments prior to the preference period were generally later than the invoice terms, clearly, the dealings between the parties changed during … 547(c)(4) are well established.

In Re West Side Community Hospital, Inc.

112 B.R. 243 · United States Bankruptcy Court, N.D. Illinois · Mar 15, 1990

Bowlby was and is in the business of finding and placing trained medical personnel for hospitals and other medical establishments. Jane Poremski was a qualified supervisory nurse who Bowlby placed with West Side. Ms. … Only three creditors filed, but only two qualify. Consequently the petition must be dismissed. 12.

Rutherford v. William D. Ford Direct Loan Program (In Re Rutherford)

317 B.R. 865 · United States Bankruptcy Court, N.D. Alabama · May 24, 2004

Rutherford’s income and expenses is not necessary as the evidence established that her standard of living is below the poverty line. 6 F. Ms. Rutherford’s Personal Health Ms. … Clearly, a person with a student loan debt who can afford a minimal standard of living, but has money left over, should pay that debt.

In re Parrott Broadcasting Ltd. Partnership

518 B.R. 602 · United States Bankruptcy Court, D. Idaho · Sep 30, 2014

Clearly, Marquee did not file anything with the Clerk of this Court until it tendered its original proof of claim, and that filing came after the deadline for the filing of timely claims. … Even so, the bankruptcy court determined that the letter to the UST qualified as an informal proof of claim that could later be amended. Id.

Barnett v. Jamesway Corp. (In Re Jamesway Corp.)

235 B.R. 329 · United States Bankruptcy Court, S.D. New York · Jun 21, 1999

However, the statute and regulations clearly provide that an employer cannot invoke either exception without giving some written WARN notice. … The Act clearly places the burden on Jamesway to prove its good faith. See 29 U.S.C. § 2104 (a)(4); Aircap, 860 F.Supp. at 315 .

In Re Stancraft Corp.

39 B.R. 748 · United States Bankruptcy Court, E.D. Virginia · Apr 5, 1984

Jeffers Schmidt, Jr. was appointed and qualified as trustee for the debtor. On July 26, 1983 the trustee filed an application to approve the employment of Leonard E. … This Court is unconvinced that the mere fact that Jackson & Campbell is a judgment lien creditor of the defendants in the subject adversary proceeding alone establishes a sufficient basis to disqualify them as attorneys for

In Re Sigfrid

161 B.R. 220 · United States Bankruptcy Court, D. Minnesota · Dec 6, 1993

Generally, certain non-traditional income sources can qualify as sufficiently regular and stable to support a plan. See, e.g., Bibb County Dep’t of Family & Children Services v. … When the debtor is unemployed, the debtor must establish that the source of the payment, or the nondebtor spouse’s income, is sufficiently stable and regular.

In Re Levitt & Sons, LLC.

384 B.R. 630 · United States Bankruptcy Court, S.D. Florida. · Feb 13, 2008

Under the DIP Financing Agreement, creditors with liens senior to the liens of Wa-chovia, who have established the priority of their liens in accordance with procedures established by this Court, will be entitled to be paid … Young was clearly competent to testify and his testimony was credible and convincing. S.

Lefelstein v. Donlevy (In re Donlevy)

342 B.R. 774 · United States Bankruptcy Court, N.D. Illinois · May 25, 2006

Fiduciary Duty To qualify as a fiduciary under § 523(a)(4), a fiduciary relationship must have an existence independent of the debt- or’s wrongdoing. … Here, an express trust was established.

Monty Titling Trust I v. Granrath (In re Granrath)

560 B.R. 515 · United States Bankruptcy Court, N.D. Illinois · Dec 5, 2016

The Citation clearly prohibits the transfer of non-exempt property. PX 3. … There can clearly be cases where the debtor is hiding his or her deceit under the guise of planning.

Moreno v. Schwartz (In Re Schwartz)

36 B.R. 355 · United States Bankruptcy Court, E.D. New York · Jan 13, 1984

This section has been broadened from its predecessor section 17(a)(4) under the “Bankruptcy Statute of 1898” (“Act”) in that the phrase “while acting in a fiduciary capacity” does not qualify the term embezzlement, or the … The instrumentality rule to which Judge Murphy refers, Id., is clearly set forth in Brunswick Corp. v. Waxman, 459 F.Supp. 1222, 1229 (E.D.N.Y.1978), affirmed 599 F.2d 34 (2d Cir.1979), citing Lowendahl v.

In Re Ponn Realty Trust

4 B.R. 226 · United States Bankruptcy Court, D. Massachusetts · May 9, 1980

Hence the debtor con: ludes that if the debt- or Trust qualifies as “person” under the Code, then it is a per entity for relief under Chapter 11. … Clearly, the Code does not explicitly exclude a Chapter 11 proceeding for a single-family residence, however, that in and of itself does not conclusively establish the converse. It is but the first step.

Mills International, Inc. v. Holmes (In re Mills International, Inc.)

570 B.R. 169 · United States Bankruptcy Court, E.D. North Carolina · Mar 15, 2017

The parties clearly disagree at this time as to whether there was a meeting of the minds on the terms of the sale of the Tractors and Equipment. … Agribiz cannot qualify as a consumer under the plain language of N.C.

Shenk v. U.S. Dep't of Educ. (In re Shenk)

603 B.R. 671 · United States Bankruptcy Court, N.D. New York · Aug 13, 2019

While Debtor established that he is currently unemployed, he did not establish that he is unemployable or that there is a certitude that he will be unable to pay his debts in the future. … Based upon a review of the *682 entire record, the court finds that Debtor has failed to carry his burden to establish each prong of the Brunner test to qualify for discharge of his student loans under 11 U.S.C. § 523 (a)

In Re Amanat

321 B.R. 30 · United States Bankruptcy Court, S.D. New York · Jan 19, 2005

Moreover, the Circuit Court put the burden of establishing the existence of a *38 bona fide dispute on the putative debtor and required evidence beyond the testimony of the appellant in the State action to establish the existence … Clearly some order must be imposed on Amanat’s complex and far-flung financial interests. There are undoubtedly actions by a putative debtor that justify dismissal of a bankruptcy case.

In Re Gunter Hotel Associates

96 B.R. 696 · United States Bankruptcy Court, W.D. Texas · Dec 22, 1988

Through these services, Gunter has established a nation-wide presence. … By thus immunizing the Debtor from enforcement actions until rejection of the ex-ecutory contract, the Debtor should be able to consummate a new license agreement and proceed with its plan of reorganization.

In Re Anderson

240 B.R. 254 · United States Bankruptcy Court, W.D. Texas · Oct 12, 1999

Clearly, a temporary absence of short duration — a trip to the grocery store, a weekend at a relative’s, a month’s vacation out of state — does not operate as a per se abandonment of a homestead. … Similarly, in In re DeMasi, 227 B.R. 586 (D.R.I.1998), the District Court held that the debtor’s absence from the property as a result of its exclusive occupancy by a relative of the debtor under a life estate did not establish

In Re Castillo

209 B.R. 59 · United States Bankruptcy Court, W.D. Texas · Apr 22, 1997

GECU’s interpretation would confer just such an immunity. … In fact, we admit to making this decision in the face of two tenable reads of the statute, neither of which is clearly right.

In Re Baldassaro

2006 BNH 7 · United States Bankruptcy Court, D. New Hampshire · Feb 24, 2006

Once good faith is established, the movant must establish, by a preponderance of the evidence, why the Court should exercise discretion to extend the stay. … Accordingly, he could have qualified to file a petition under chapter 7.