Case law

United States Trustee v. Harshaw (In Re Harshaw)

345 B.R. 518 · United States Bankruptcy Court, W.D. Pennsylvania · Jun 27, 2006

in immunizing such cost reductions from a § 707(b) analysis by simply undertaking to accomplish such reductions themselves post-petition; consequently, instead of shielding such cost reductions from a § 707(b) analysis, … The Debtors also feebly attempt to distinguish Anes from the instant matter on the ground that Anes "concerned the propriety of repayment of funds borrowed from a qualified 401(k) plan and not[, as in the instant matter,]

Miller v. Burns (In Re Burns)

395 B.R. 756 · United States Bankruptcy Court, M.D. Florida · Aug 8, 2008

Although 522(q) clearly incorporates the time threshold requiring a debtor to acquire a homestead interest within 1,215 days prior to filing bankruptcy before allowing a creditor to object, Miller somewhat inexplicably ignores … Section 503 (b)(1) or *769 under a qualified State tuition plan as defined in 26 U.S.C. Section 529 (b)(1).”

In re Pick & Save, Inc.

478 B.R. 110 · United States Bankruptcy Court, D. Puerto Rico · Sep 13, 2012

The Bankruptcy Code does not clearly establish when a right to payment arises, but caselaw has held that claims “arise[ ] ... when all transactions necessary for liability have occurred, regardless of whether the claim was … (In re Mammoth Mart, Inc.), 536 F.2d 950 (1st Cir.1976), the First Circuit established a two-prong test to determine whether or not a claim qualifies as an administrative expense: (1) the right to payment must arise from

In re Gregory

487 B.R. 444 · United States Bankruptcy Court, E.D. North Carolina · Mar 7, 2013

each asset claimed as exempt on this Claim of Exemptions, the debtor asserts that the value listed is the actual fair market value on the date of the petition, and that the nature and/or use of the asset is such that it qualifies … The debtors have clearly sought to maximize their exemptions by inserting this provision.

Polygram Distribution, Inc. v. B-A Systems, Inc. (In Re Burstein-Applebee Co.)

63 B.R. 1011 · United States Bankruptcy Court, W.D. Missouri · Jun 24, 1986

This exception clearly has reference to sections 2(a)(15) and 11(a) of the Act.” 1 Collier on Bankruptcy ¶ 2.61, pp. 325, 326 (14th ed. 1956). … Appointment of a receiver would simply circumvent the established procedures.

In Re Shamburger

189 B.R. 965 · United States Bankruptcy Court, N.D. Alabama · Aug 17, 1995

This approach does not relieve district courts of the requirement to concisely but clearly articulate their reasons for selecting specific percentage reductions. See Gates v. … Future decisions will establish how far the circuit court's exception will extend. 6 .

In re Carrsow-Franklin

524 B.R. 33 · United States Bankruptcy Court, S.D. New York · Jan 29, 2015

Campbell to be a “qualified witness” under Fed.R.Evid. 803(6)(D), or (ii) to establish, for purposes of Fed.R.Evid. 803(6)(E), that neither the possible source of information in the file nor other circumstances indicate a … That is (and his other testimony clearly corroborated this), Mr.

Ivory v. United States (In Re Ivory)

269 B.R. 890 · United States Bankruptcy Court, N.D. Alabama · Oct 29, 2001

Ivory has no special skills which might qualify her for more lucrative paying jobs. … Student loan debts are an exception; their “non-dischargeability” is qualified. A student loan may be discharged if excepting it from discharge would impose an “undue hardship” on the debtor.

In Re Meyer

467 B.R. 451 · United States Bankruptcy Court, E.D. Wisconsin · Mar 22, 2012

Congress clearly has a rational justification in setting objective standards for qualifying for a chapter 7 discharge. … Therefore, only if this constitutional challenge fits within the exceptionally narrow hybrid exception established in Smith , will there be a need to apply the compelling state interest test.

In re Dickerson

510 B.R. 289 · United States Bankruptcy Court, D. Idaho · May 1, 2014

Again, without dispute, the evidence submitted at the hearing established that Debtors had paid all but $150 of the fines Mr. … This is another, distinct reason that those debts do not qualify for an exception to discharge under § 523(a)(7) as noted in Kelly .

In re Ennia Caribe Holding N.V.

594 B.R. 631 · United States Bankruptcy Court, S.D. New York · Dec 20, 2018

The plain language of the LTV establishes that rehabilitation proceedings pursuant to the Emergency Regulations are collective in nature. … The CBCS, as a national regulatory authority tasked with oversight of the insurance industry, clearly qualifies as an authority competent to control or supervise a foreign proceeding.

Moratzka v. Wencl (In Re Wencl)

71 B.R. 879 · United States Bankruptcy Court, D. Minnesota · Mar 27, 1987

Defendants must establish their right to jury trial under law. … There is no statutory authority, state or federal, establishing Defendants’ right to jury trial in this adversary proceeding.

In re Quintero

513 B.R. 127 · United States Bankruptcy Court, D. New Mexico · Jun 19, 2014

(C) establish the truth of any allegation by evidence; or (D) investigate any other matter.” Rule 7055 Fed. R. Bankr.P., made applicable to contested matters by Rule 9014(c) Fed. R. Bankr.P. … The right to seek reconsideration of an allowed claim, like the right to object to its allowance, is generally exercised by the trustee if one has qualified and is performing the duties of that office with reasonable diligence

In Re Dedmon

366 B.R. 1 · United States Bankruptcy Court, E.D. Arkansas · Mar 15, 2007

Although clearly interrelated, each forms an independent basis for her removal. III. … Clearly, Goldman’s responses contradict her earlier sworn testimony.

Miller v. a & M Oil Co. (In Re Smith Mining & Material, LLC)

405 B.R. 589 · United States Bankruptcy Court, W.D. Kentucky · May 19, 2009

On the Petition date, Debtor was clearly insolvent. There was evidence produced at trial indicating the Debtor was insolvent beginning in June 2005. … Post-petition goods or services provided to a debtor do not qualify as “new value” for purposes of Section 547(c)(4). In re Phoenix Restaurant Group, Inc., 317 B.R. 491 (Bankr. M.D.Tenn.2004).

Idak Corp. v. Hiam (In Re Idak Corp.)

19 B.R. 765 · United States Bankruptcy Court, D. Massachusetts · Apr 6, 1982

Such a result would clearly be contrary to the policy of the Bankruptcy Act. … Furthermore, the statement by Debtors’ counsel did not clearly identify what rights the Debtors intended to waive.

Crown Village Farm, LLC v. Arl, L.L.C. (In Re Crown Village Farm, LLC)

415 B.R. 86 · United States Bankruptcy Court, D. Delaware · Jun 12, 2009

The debtor bears the burden of establishing good faith. In re SGL Carbon Corp., 200 F.3d 154 , 162 n. 10 (3d Cir.1999). … In determining diversity of citizenship, limited liability companies qualify as citizens of the state in which their members are citizens. Ketterson v. Wolf, No. Civ. A. 99-689-JJF, 2001 WL 9409009 (D.Del.

In Re Amko Plastics, Inc.

197 B.R. 74 · United States Bankruptcy Court, S.D. Ohio · Apr 10, 1996

Efforts are underway to hire new personnel, particularly qualified sales personnel for the merchandising of the new product lines. … The record at the hearing established that Newcastle became a creditor of the debtor by purchasing the claim of a direct creditor.

In Re Richard Buick, Inc.

126 B.R. 840 · United States Bankruptcy Court, E.D. Pennsylvania · May 9, 1991

Therefore, invocation of the doctrine of waiver appears clearly inapposite. … However, the crucial qualifying language in this clause is that GMAC’s security interest extends only to the referenced assets as described in the “Security Documents.”

In re Caribbean Petroleum Corp.

512 B.R. 774 · United States Bankruptcy Court, D. Delaware · Jul 9, 2014

addressing a bankruptcy court’s jurisdiction over post-confirmation disputes and found that the malpractice claims at issue did not constitute claims with the requisite nexus to the bankruptcy case and therefore did not qualify … The Resorts rationale clearly applies. DISCUSSION There is no question that the releases provided to the Zeevis pursuant to the Plan were and are proper.