Case law

American Investment Bank, N.A. v. Hosking (In Re Hosking)

89 B.R. 971 · United States Bankruptcy Court, S.D. Florida. · Jun 20, 1988

The AIB Financial Statement clearly is a writing contemplated by the statute. … The evidence clearly and convincingly demonstrates that Tunick and Levinson were Hosking’s agents with respect to obtaining the AIB loan. 8.

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 Isenbart

255 B.R. 62 · United States Bankruptcy Court, D. Kansas · Nov 14, 2000

Under PIK program the government compensates qualified farmers for agreeing not to produce grain crops by giving them certificates redeemable for commodities in an amount calculated to represent the established yield of the … Enrollment in a CRP program clearly limits a farmer’s use of the land. Although the government does not assume possession of the property, it effectively controls the property by contract. 8.

In Re Cardinal Industries, Inc.

142 B.R. 801 · United States Bankruptcy Court, S.D. Ohio · Feb 3, 1992

The decision in United Trucking was clearly grounded in equity to prevent what the court viewed as an otherwise unjust enrichment to the estate. … To qualify for an administrative expense, the debt must arise from a transaction with the debtor-in-possession postpe-tition and it must benefit the estate. White Motor, 831 F.2d at 110 .

LTV Corp. v. Pension Benefit Guaranty Corp. (In Re Chateaugay Corp.)

115 B.R. 760 · United States Bankruptcy Court, S.D. New York · May 24, 1990

This policy was clearly articulated by the United States Supreme Court in NLRB v. … Thus, based on its charter, the PBGC is clearly motivated to enhance its claims in these cases as much as possible.

Burtch v. Opus, LLC (In re Opus East, LLC)

528 B.R. 30 · United States Bankruptcy Court, D. Delaware · Mar 23, 2015

in July, 2004), ODP Princeton, LLC (“ODP Princeton”) (established in April, 2006), ODP Manassas, LLC (“ODP Manassas”) (established in January, 2008) and ODP Enterprise, LLC (“ODP Enterprise”) (established in October, 2008 … NO. 95-989, at 88 (1978), reprinted in 1978 U.S.C.C.A.N. 5787, 5874 (if a creditor qualifies under *95 several of the exceptions in section 547(c), “he is protected by each to the extent that he can qualify under each.”).

In re: Jose R. Jimenez Garcia and Miriam Acevedo Lopez v. Department of Treasury of the Commonwealth of Puerto Rico; Alejandro Oliveras Rivera as Standing Chapter 13 Trustee

United States Bankruptcy Court, D. Puerto Rico · Nov 5, 2012

Id. at 269. 18 In the case at bar, the Plaintiffs satisfy the first requirement established In re Slabicki, 466 B.R. 19 || at577-578. … That is clearly more than a collection effort, it is a garnishment. Even if the Puerto 13 Rico Internal Revenue Code provides for such action, the Bankruptcy Code is preempts it.

In Re Renteria

456 B.R. 444 · United States Bankruptcy Court, E.D. California · Aug 1, 2011

A debt for attorney’s fees incurred in attempting to further this purpose, like any other debt so incurred, qualified as a consumer debt.” Kelly, 841 F.2d at 913 . … In conclusion, the Debtor clearly has a motivation, and presumably a compelling need, to make sure that the Preston claim is paid. The co-debtor, Ms.

In Re Trudell

424 B.R. 786 · United States Bankruptcy Court, W.D. Michigan · Feb 19, 2010

Trustee concedes that the Trudells’ 2008 tax refund qualifies for exemption under Section 522(d)(5). 6 Trustee also agrees that the Trudells have more than enough available under that subsection to cover the entire amount … Although no actual filing date was established at the evidentiary hearing, the Trudells' federal return, which was admitted as an exhibit, is dated February 12, 2009. 5 .

In re Mus

598 B.R. 623 · United States Bankruptcy Court, D. Minnesota · Mar 1, 2019

The state court, under Minnesota law, retained jurisdiction to modify such occupancy rights. 9 Clearly, none of these state court orders imposes a payment obligation upon Mus, such that the obligation would attach to the … STAT. chapter 548, the Minnesota State Legislature addressed judgments and judgment liens, establishing that judgment liens are enforceable if they comply with the requirements of § 548.09. 11 Id. *632 There is no language

In Re Atkinson

258 B.R. 769 · United States Bankruptcy Court, D. Idaho · Feb 6, 2001

Atkinson’s unassailed affidavit testimony in order to establish the facts of the matter. … Trustee oppose the Debtors’ contention that the post-filing accounts receivable qualify under this earnings exception.

Lipscomb ex rel. LMI GUC Trust v. Clairvest Equity Partners Ltd. Partnership (In re LMI Legacy Holdings, Inc.)

553 B.R. 235 · United States Bankruptcy Court, D. Delaware · Jun 3, 2016

Third, severance and transfer of the Trustee’s aiding and abetting claim would clearly be improper. … Furthermore, the Defendants against whom the Trustee has brought claims for breach of fiduciary duty clearly have an interest in any findings of fact related to the aforementioned questions of fact, and would qualify for

Mogley v. Fleming (In re Fleming)

287 B.R. 212 · United States Bankruptcy Court, E.D. Missouri · Nov 30, 2001

Seven years later, however, the Supreme Court clearly rejected such an analysis and held that establishing an exception to discharge under § 523(a)(2)(A) *217 automatically excepts from discharge all liability arising from … The Court now turns to the question of whether Mogley’s state court fraud judgment qualifies for an exception from discharge under § 523(a)(2)(A).

Williams v. American Education Service (In re Williams)

492 B.R. 79 · United States Bankruptcy Court, M.D. Georgia · May 13, 2013

Therefore, Debtor believes she will no longer qualify to work as a driver and will have to seek new employment. … This prong “most clearly reflects the congressional imperative that the debtor’s hardship must be more than the normal hardship that accompanies bankruptcy.” Frushour, 433 F.3d at 401 .

In Re Armstrong World Industries, Inc.

285 B.R. 864 · United States Bankruptcy Court, D. Delaware · Oct 22, 2002

The proponent of an expert’s opinion has the burden of establishing both branches of this test by a preponderance of the evidence. Paoli II at 744. … They are quite clearly set out in D5755. But the results flowing from those standards are not calculable.

Weeks v. Isabella Bank Corp. (In Re Weeks)

400 B.R. 117 · United States Bankruptcy Court, W.D. Michigan · Jan 23, 2009

Weeks was immunized by the Section 727 discharge from whatever liability he had for the Flat River obligations then owed, for Isabella Bank clearly had the right to demand their repayment from him. … Weeks has offered nothing through affidavit or otherwise to establish that he in fact revoked any of the pre-petition guaranties. It is also fair to infer that Dr.

Wali Wakilpoor v. Faruque (In Re Faruque)

413 B.R. 309 · United States Bankruptcy Court, E.D. Virginia · Apr 9, 2009

The complaint alleges that the debtor does not qualify to file as an individual because he did business through a corporation, Amar Construction Company (“Amar”), of which he was a “director/partner.” … The complaint, while confusing denial of discharge with exception from discharge, does allege conduct by the debtor that, if true, would clearly fall within Sections 727(a)(2) and (4).

In Re Singletary

354 B.R. 455 · United States Bankruptcy Court, S.D. Texas · Oct 19, 2006

However, the median income exemption of § 707(b)(7) does not make a debtor completely immune from motions to dismiss or convert. … Conversely, the House would still qualify as “scheduled” on that date. *468 2.

In Re Knight

164 B.R. 372 · United States Bankruptcy Court, S.D. Florida. · Feb 22, 1994

Knight Trust (the "Dorothy Trust") established on October 1, 1937 and the Debtor's interest in the Charles E. Knight Trust (the "Charles Trust") established on January 2, 1946. … First, the definition of "trustees" in Section 13 does not clearly apply to the amendment provision in Section 10 which refers to "the consent of the trustees in office."

Jones v. Ryder Integrated Logistics, Inc. (In Re Jotan, Inc.)

264 B.R. 735 · United States Bankruptcy Court, M.D. Florida · Jul 10, 2001

That *748 old balance clearly accumulated antecedent to the transfers made under the new agreement. … Not all consideration qualifies as "new value.” 7 .