Case law

In re Conley

478 B.R. 803 · United States Bankruptcy Court, W.D. Virginia · Jul 30, 2003

Neither is the first test satisfied because, although the Debtors certainly did not conceal the transfers, equally clearly they were voluntary payments. … Owen, 500 U.S. 305, 308 , 111 S.Ct. 1833 , 114 L.Ed.2d 350 (1991) (“No property can be exempted (and thereby immunized), however, unless it first falls within the bankruptcy estate.

In Re Seay

369 B.R. 423 · United States Bankruptcy Court, E.D. Arkansas · May 16, 2007

Finally, no litigation or administrative costs may be awarded under § 7430 for those fees and costs incurred before a "qualified offer" is made (this limitation is discussed more thoroughly herein) if the United States establishes … The affidavits alone do not establish that there is a shortage of qualified tax attorneys to handle the tax issues, or a shortage of qualified bankruptcy attorneys to handle the bankruptcy issues; the affidavits do show that

In Re Ward

210 B.R. 531 · United States Bankruptcy Court, E.D. Virginia · Jun 24, 1997

Lakewood Broadcasting Service, Inc., 330 F.Supp. 670, 673-74 (D.Colo.1971) (minimum wages due to debtor under Fair Labor Standards Act immune from setoff against his employer); Commerce Union Bank v. … Clearly, strong arguments can be made both for allowing and not allowing setoff.

Callaway Bank v. Asbury (In Re Asbury)

441 B.R. 629 · United States Bankruptcy Court, W.D. Missouri · Sep 15, 2010

First and foremost, the alleged partners in Reuter were not spouses, therefore, the analysis was at arms length and clearly different than this case where spouses are involved. … The evidence of a partnership between the spouses/Debtors in this case does not qualify as “ample” and, even under the Sunkyong case cited by Callaway, the Court finds that a genuine issue of material fact remains regarding

In Re Gillett Holdings, Inc.

137 B.R. 452 · United States Bankruptcy Court, D. Colorado · Aug 23, 1991

For investment bankers and certain other professionals, the line between reasonable and acceptable employment and fee agreements and unreasonable, or unacceptable, agreements is not defined or clearly drawn by the Bankruptcy … Unpub *458 lished decisions do not establish case law and do not serve as precedent." Mortgage & Realty Trust, supra at 630. 15 .

Raymond Professional Group, Inc. v. William A. Pope Co. (In Re Raymond Professional Group, Inc.)

421 B.R. 891 · United States Bankruptcy Court, N.D. Illinois · Dec 17, 2009

This clearly would be adverse to interests of Pope and any other creditors of RMS. … However, Pope has not established any particular statements to have been lies by Schiff counsel that must be attributed to and bind one or more debtors.

Neal v. United Furniture Industries, Inc.

United States Bankruptcy Court, N.D. Mississippi · Jun 6, 2025

The Bankruptcy Code establishes a tiered priority scheme for unsecured claims. … The Bankruptcy Code clearly defines which claims receive priority, and this Court sees no ambiguity in its application to WARN Act back pay.

Meadows v. Hagler (In Re Meadows)

428 B.R. 894 · United States Bankruptcy Court, N.D. Georgia · Apr 8, 2010

The enactments of § 524(a)(1) and its predecessor reflect a clearly expressed and identified Congressional intent that a debtor be able to rely on the bankruptcy discharge without the burden of establishing her rights under … The legislative history discussed in Part III(C) clearly establishes this intent. 43 .

In Re Austin

372 B.R. 668 · United States Bankruptcy Court, D. Vermont · Aug 7, 2007

Moreover, the consequences of the changes to § 1325 may well mean that some cases that would have been confirmed pre-BAPCPA no longer qualify for confirmation, and some cases that would not have qualified for confirmation … In that case, the trustee had argued that the debtors’ inflated expenses on Schedule J and their improper housing allowance deduction established a lack of good faith in the proposal of their plan.

Kendrick v. Pleasants (In Re Pleasants)

231 B.R. 893 · United States Bankruptcy Court, E.D. Virginia · Feb 24, 1999

This conduct clearly constitutes a misrepresentation under section 523(a)(2)(A). See McDaniel v. Border (In re McDaniel), 181 B.R. 883, 886-87 (Bankr.S.D.Tex.1994); Bozzano, 173 B.R. at 993-94 . … not qualified to be the general contractor for a large residence of the type involved in this case_” Bozzano, 173 B.R. at 994 .

American Freight System, Inc. v. Interstate Commerce Commission (In Re American Freight System, Inc.)

174 B.R. 604 · United States Bankruptcy Court, D. Kansas · Nov 17, 1994

Clearly, at the time AFS’s undercharge claims arose, it was a motor carrier of property. AFS’s undercharge claims resulted from it providing motor vehicle transportation. … The doctrine provides that if a noncarrier acquires a single established carrier system, the noncarrier is not required to get the ICC’s blessing if the single carrier system happens to be comprised of a number of corporate

In Re Murrin

461 B.R. 763 · United States Bankruptcy Court, D. Minnesota · Jan 4, 2012

The Murrins strenuously resisted the petitioning creditors on this requirement, focusing on the qualifying adverb “generally.” … Coming when and as it did, this was an obnoxious ploy; it was clearly intended to promote further evasion and disruption.

Smith v. Litchford & Christopher, P.A. (In Re Bay Vista of Virginia, Inc.)

428 B.R. 197 · United States Bankruptcy Court, E.D. Virginia · Apr 1, 2010

The requisite testimony must come from the custodian of the records or ‘other qualified witness.’ The Trustee’s counsel is neither.”); Roberts v. … The binding effect of a factual stipulation on the parties at trial has been recognized by the Fourth Circuit Court of Appeals: Before the [Administrative Law Judge], the Director clearly stipulated to the findings of fact

Silicon Graphics, Inc. v. Merrill Lynch Trust Co. (In Re Silicon Graphics, Inc.)

363 B.R. 690 · United States Bankruptcy Court, S.D. New York · Feb 13, 2007

The Compensation Plan On July 1, 1994, SGI established a deferred compensation program through a *693 Non-Qualified Deferred Compensation Plan (the “Plan”) for the benefit of certain management employees and members of the … In this case, SGI has provided the plan documents that clearly establish the Plan is covered by ERISA.

Pryor v. Tiffen (In re TC Liquidations LLC)

463 B.R. 257 · United States Bankruptcy Court, E.D. New York · Dec 6, 2011

On the petition date Tiffen LLC was clearly insolvent as its assets were valued at $18,031,203.28, and its liabilities were $28,194,217.77 as provided by Tiffen LLC’s filings with the Court. … Acquisitions Corp.) also filed chapter 11 petitions for relief. 6 They too were clearly insolvent.

In Re Soltan

234 B.R. 260 · United States Bankruptcy Court, E.D. New York · May 20, 1999

In other words, secured property taxes qualify as administrative expenses. … The Bankruptcy Court found ... that the tax was clearly incurred by Macy’s estates.

In Re Huelbig

313 B.R. 540 · United States Bankruptcy Court, D. Rhode Island · Aug 30, 2004

Standard of Review “A court reviewing a decision of the bankruptcy court may not set aside findings of fact unless they are clearly erroneous, giving ‘due regard ... to the opportunity of the bankruptcy court to judge the … to the extent the phrase “right to payment” is modified in the statute, the modifying language (“whether or not the right is ... ”) reflects Congress’ broad rather than restrictive view of the class of obligations that qualify

Bisk Education, Inc. v. Aspect Software, Inc. (In re Aspect Software Parent, Inc.)

578 B.R. 718 · United States Bankruptcy Court, D. Delaware · Sep 6, 2017

As the Court noted in MeterLogic: [Integration clauses do not “cloak defendants with immunity” from fraudulent statements. … Bisk responds that dismissal of the unjust enrichment claim is premature until the existence of an express breach of contract claim is established.

In Re DiMartino

97 B.R. 139 · United States Bankruptcy Court, D. Rhode Island · Mar 24, 1989

The plaintiffs are also entitled to recover rental profits lost to vacancy on account of the unfinished units, if they can be established by reliable evidence. Urico v. … Clearly the term does not embrace the construction "complete."

Mosley v. Sims (In Re Sims)

148 B.R. 553 · United States Bankruptcy Court, E.D. Arkansas · Dec 22, 1992

. *556 Omissions from the schedules may qualify as false oath if they are made knowingly and with fraudulent intent. In re Graham, 111 B.R. 801 at 806 (Bankr.E.D.Ark. 1990). … The schedules clearly call for the debtors to disclose their transactions and accurately list property, income, and expenses.