Case law

In Re French

127 B.R. 434 · United States Bankruptcy Court, D. Minnesota · May 23, 1991

French is clearly entitled to refuse to answer ASCS’ question regarding Peterson Feed Mill’s alleged equitable lien, provided he has not waived his Fifth Amendment privilege. … Under the Bankruptcy Act, in contrast, it was not necessary for the debtor to seek immunity, since such immunity was mandated by statute. In re Hulon, 92 B.R. at 673 . 2 .

Wilner Wood Products Co. v. State of Maine Department of Environmental Protection (In Re Wilner Wood Products Co.)

119 B.R. 345 · United States Bankruptcy Court, D. Maine · Jul 11, 1990

Under either standard, the likelihood of success on the merits has been established. 3. Clearly, the balance of the harm element favors the debtor. … The DEP raises two arguments against jurisdiction—sovereign immunity, and the Anti-Injunction Act.

Kovalchick v. Dolbin (In Re Kovalchick)

371 B.R. 54 · United States Bankruptcy Court, M.D. Pennsylvania · Apr 19, 2006

Additionally, even the cases cited by Kovalchick recognize that “[f]ew doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial … Here, the injured party is clearly Kovalchick personally and not his bankruptcy estate. It is hard to imagine how a bankruptcy estate could suffer emotional distress.

Hunter v. Ferris (In re Ferris)

30 B.R. 746 · United States Bankruptcy Court, N.D. Ohio · Jun 17, 1983

Debtors allege that they were not entitled to a tax refund for 1980, and that they would have offered the Trustee copies of their W-2 forms to establish this fact. c.) … order to respond to a material question or to testify; (B) on the ground of privilege against self-incrimination, to respond to a material question approved by the court or to testify, after the debtor has been granted immunity

In Re Lazin

217 B.R. 332 · United States Bankruptcy Court, M.D. Florida · Jan 26, 1998

“Section 222.14 clearly exempts all annuity contracts from creditor claims.” In re McCollam, 612 So.2d 572, 574 (Fla.1993). It also exempts “the proceeds of annuity contracts.” … Taking into consideration that the well established exemption provisions of the law are remedial, and have traditionally been construed liberally in favor of the Debtor, Killian v.

Chapman v. Burton Berger & Associates (In Re Chapman)

154 B.R. 258 · United States Bankruptcy Court, N.D. Illinois · Apr 4, 1993

Judge Smith’s Absolute Immunity from Suit The Supreme Court has long held that judges are absolutely immune from liability under § 1983 for their judicial actions. Stump v. … Thus, he clearly should have known before he filed this case that his complaint had no legal basis.

Hagan v. Heckler (In Re Hagan)

41 B.R. 122 · United States Bankruptcy Court, D. Rhode Island · Jun 4, 1984

The cases clearly indicate that the statute was designed to protect SSI recipients, not the government. This has been the conclusion in a number of well reasoned decisions, e.g., Neavear v. … Based upon the foregoing discussion, we conclude that Section 207 of the Social Security Act confers upon SSA no immunity from the operation of the automatic stay, 11 U.S.C. § 362 , with respect to the recovery of SSI overpayments

Corletta v. Texas Higher Education Coordinating Board

531 B.R. 647 · United States Bankruptcy Court, W.D. Texas · May 19, 2015

At the very least, this establishes that the THECB is an “agency, or. instrumentality” of Texas. … This is simply not enough to establish clear error. .

Hudson v. United States Ex Rel. Internal Revenue Service (In Re Hudson)

168 B.R. 449 · United States Bankruptcy Court, S.D. Georgia · Jan 31, 1994

Clearly, § 362(a)(7) stays any setoff. … The evidence presented at trial established a right of setoff available to the IRS pursuant to 26 U.S.C. § 6402 (a) and preserved under 11 U.S.C. § 553 (a).

Spookyworld, Inc. v. Town of Berlin (In Re Spookyworld, Inc.)

266 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Aug 2, 2001

And next, “the court must proceed to ‘determine whether that right was clearly established at the time of the alleged violation’ ”. See Abreu-Guzman v. Ford, 241 F.3d 69 (1st Cir.2001)(quoting Wilson v. … The Individual Defendants argue that they enjoy a qualified immunity. However, under the facts here, the Court need not reach that issue. 9 . The Court dismisses this argument out of hand.

Hialeah Hospital, Inc. v. Department of Health & Rehabilitative Services (In re King Memorial Hospital, Inc.)

42 B.R. 942 · United States Bankruptcy Court, S.D. Florida. · Oct 3, 1984

Havee, Co-Trustees of King Memorial Hospital (“Co-Trustees”), are the duly qualified and acting Co-Trustees of King Memorial Hospital, Inc. and Florida Hospital Group, Inc., debtors in Chapter 7 proceedings. … The Court finds no facts which establish that Hialeah had any right, privilege or immunity secured by the Constitution or laws of the United States in connection with the Exemption, its transfer, sale or relocation. 17.

In Re WCI Cable, Inc.

282 B.R. 457 · United States Bankruptcy Court, D. Oregon · Jun 27, 2002

Moreover, he did not assemble either qualified employees or a qualified board who would be able to take the company into its next phase of operations.” Id. at 24. … However, the Alaska Railroad Corporation has clearly and unequivocally waived any defense based on sovereign immunity to allow me to hear and decide its objection to the WCI Plan.

In Re Amsterdam Avenue Development Associates

103 B.R. 454 · United States Bankruptcy Court, S.D. New York · Sep 5, 1989

An escrow was established and the Register so recorded the deed and mortgage. … It is settled, however, that Congress can confer immunity from state taxation, California State Bd. of Equalization v.

In Re Christensen

598 B.R. 658 · United States Bankruptcy Court, D. Utah · Feb 27, 2019

nor the examination of immunity in the Barton context should lead one to conflate the doctrine with the substantive immunities conferred on trustees. … Because at least three of the Kashani factors are answered clearly in the affirmative, that favors denial of leave to sue and retention of jurisdiction by this Court over any claims the Debtors may allege against the Trustee

Matravers v. United States (In Re Matravers)

149 B.R. 204 · United States Bankruptcy Court, D. Utah · Jan 15, 1993

The IRS received transfers of property and earnings of the debtors, clearly within the broad chapter 13 definition of the “property of the estate.” … In re Lile, 103 B.R. 830, 835 (Bankr.S.D.Tex.1989), established that a “proof of claim and claim against the IRS for improper levy on personal property arise out of the same operative facts, namely failure to pay taxes.”

In Re Bowman

109 B.R. 789 · United States Bankruptcy Court, E.D. Tennessee · Jan 17, 1990

Tenn.Code Ann. § 26-2-104(b) (Supp. 1989) is devoid of any ambiguity as to its application. 10 The Legislature clearly stated that certain retirement plans qualified under designated sections of the Internal Revenue Code … By its terms, subsection (b) also extends to qualified “retirement plan[s]” established by instrumentalities or agencies of the United States.

In re Gawker Media LLC

571 B.R. 612 · United States Bankruptcy Court, S.D. New York · Aug 21, 2017

Rejecting an immunity argument based on the D.C. anti-SLAPP statute that, like California, did not include an express immunity provision, the Court stated that “qualified immunity allows defendants to avoid liability even … when they may have violated the law so long as they acted reasonably v Qualified immunity (on its own) does not tell a court what showing is necessary at the motion to dismiss or summary judgment stages in order to dismiss

Niagara Mohawk Power Corp. v. Megan-Racine Associates, Inc. (In Re Megan-Racine Associates, Inc.)

189 B.R. 562 · United States Bankruptcy Court, N.D. New York · Feb 1, 1995

The Court notes that the work-product doctrine provides a qualified privilege for materials prepared in anticipation of litigation. See Fed.R.Civ.P. 26(b)(3). … However, materials assembled in the ordinary course of business, or pursuant to public requirements unrelated to litigation, or for other nonlitigation purposes are not shielded by the work-product doctrine’s qualified immunity

In Re Rosenquist

122 B.R. 775 · United States Bankruptcy Court, M.D. Florida · Dec 18, 1990

For example, Section 222.21 would immunize these assets from levy or execution under Florida law. … Clearly, the Code provides protection to debtors and, in return, imposes numerous requirements on them that do not exist in non-bankruptcy settings.

In Re Smurfit-Stone Container Corp.

444 B.R. 111 · United States Bankruptcy Court, D. Delaware · Jan 10, 2011

As further explained below, Wedlake has failed to carry its burden to establish its entitlement to allowance and payment of the Wind-Up Claim. … Temple Marble & Tile, 640 N.Y.S.2d 849 , 663 N.E.2d at 893 (“Where, as here, a descriptive or qualifying phrase follows a list of possible antecedents, the qualifying phrase generally refers to and modifies all of the preceding