Case law

Lehigh Valley Hosp. v. Dietrich (In re Dietrich)

595 B.R. 59 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 13, 2018

The Hospital is clearly listed as the provider of the services at the top of the Explanation of Benefits form. See the Hospital's Exhibit R. … Again, the Hospital is clearly listed as the provider of the services on the Explanation of Benefits form. See the Hospital's Exhibit T.

Calais Regional Hospital v. Carranza, in her capacity as administrator for the

United States Bankruptcy Court, D. Maine · Jun 3, 2020

On the question of personal jurisdiction over the SBA generally, sovereign immunity presents little difficulty. The federal government and its agencies are immune from suit in the absence of a waiver. … In light of section 106, and because the SBA qualifies as a governmental unit under 11 U.S.C. § 101(27), sovereign immunity does not preclude the exercise of jurisdiction over the SBA as to the Debtor’s claim under section

Penobscot Valley Hospital v. Carranza, in her capacity as administrator for the

United States Bankruptcy Court, D. Maine · Jun 3, 2020

On the question of personal jurisdiction over the SBA generally, sovereign immunity presents little difficulty. The federal government and its agencies are immune from suit in the absence of a waiver. … In light of section 106, and because the SBA qualifies as a governmental unit under 11 U.S.C. § 101(27), sovereign immunity does not preclude the exercise of jurisdiction over the SBA as to the Debtor’s claim under section

In Re Fish

210 B.R. 603 · United States Bankruptcy Court, D. Colorado · Jun 23, 1997

Thus, these errors and omissions were blatant to a qualified bankruptcy practitioner. 5. … As noted above, Slott’s actions clearly violated the provisions of § 110.

In re: Roberto Sebelen Medina and Betsie Marie Corujo v. Banco Popular de Puerto Rico and Adsuar Muniz Goyco Seda Perez-Ochoa, PSC

United States Bankruptcy Court, D. Puerto Rico · Oct 2, 2015

P. 59, a party seeking reconsideration “must either 2 1 clearly establish a manifest error of law or must present newly discovered evidence.” … “Motions under rule 59(e) must either clearly establish a manifest error of law or must present newly discovered evidence . . .

In Re Lyons

381 B.R. 444 · United States Bankruptcy Court, S.D. New York · Jan 30, 2008

under section 401, 408 or 408A of the United States Internal Revenue Code of 1986, as amended, was established by the debtor or under the auspices of an insider that employed the debtor at the time the debtor’s rights under … Other than suggesting that In re Lynch and In re Orso, supra, “clearly support a finding” that the Annuities are “fully exempt,” the Debtor makes no attempt to argue why those cases would compel such a conclusion under the

De Jesus v. United States (In Re De Jesus)

268 B.R. 185 · United States Bankruptcy Court, D. Minnesota · Sep 28, 2001

UNDISPUTED FACTS The record establishes a number of material facts as undisputed. They are: 1. … If it had so intended, it would have added a qualifying clause to the identifying noun. 18 . Specifically, the debtor's attorney and the federal and Minnesota taxing authorities. 19 .

Petition of Shavit

197 B.R. 763 · United States Bankruptcy Court, S.D. New York · Jul 10, 1996

R.Bankr.P. 1017(a), which establishes the procedure governing the voluntary dismissal of bankruptcy cases, does not apply. Id. … While I did not issue a formal ruling, the disposition of the matter clearly implied that the Debtors’ motion was denied. 4 .

Pinto v. Philadelphia Fresh Food Terminal Corp. (In Re Pinto)

98 B.R. 200 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 30, 1989

However, we concluded that the Debtors had failed to establish that the transfer qualified as avoidable under § 548(a)(2), since they had failed to establish that they were either insolvent at the time of the transfer or … The Defendant has clearly indicated that it no longer wishes to lease to the Debtors.

In Re Kelsey

287 B.R. 132 · United States Bankruptcy Court, D. Vermont · Oct 23, 2001

DISCUSSION The debtor seeks a final judgment discharging her student loan obligations owed to the defendants on the grounds that a preponderance of the evidence establishes that the debtor has met the test for establishing … Well qualified and substantiated expert testimony is essential.

In Re Express Car & Truck Rental, Inc.

440 B.R. 422 · United States Bankruptcy Court, E.D. Pennsylvania · Nov 12, 2010

In this case, the Former Debtors reserved their rights under § 303(i) and Stuski qualified her consent to the dismissal by her opposition to an award of attorney’s fees. Under R. … The Former Debtors’ entitlement to “fees on fees” is well established. See, e.g., S. Cal. Sunbelt Developers, 608 F.3d at 463-64 .

Merrill Farms Corp. v. H.R. Hindle & Co., Inc. (In Re H.R. Hindle & Co.)

149 B.R. 775 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 13, 1993

This preference clearly extends to secured creditors as well as general unsecured creditors. … This figure can also be compared to the total sum of $340,634.13 which the United States Department of Agriculture recognized, on June 29, 1992, as qualified for trust protection, to be held in a CoreStates First Pennsylvania

In re Frantz

534 B.R. 378 · United States Bankruptcy Court, D. Idaho · Feb 24, 2015

Debtors clearly have rights to the exempt portions of proceeds of property of the estate. … The Court does not find that this factor is established. 3.

In Re Starlite Houseboats, Inc.

426 B.R. 375 · United States Bankruptcy Court, D. Kansas · Mar 23, 2010

Butler qualifies to receive service under K.S.A. 60-304(e)(l) as a “general agent” of the corporation fails because Mr. Butler was agent in fact for Mr. … H20’s final argument is that its defective service of the summons is nevertheless effective pursuant to K.S.A. 60-204, which provides: *386 Although it is established that Mr.

In re Shove

585 B.R. 250 · United States Bankruptcy Court, D. Massachusetts · May 29, 2018

evaluating, inter alia, how the property was zoned and the percentage of interior space dedicated to living area versus commercial use, ultimately determining that the property was predominantly used for residential purposes and qualified … Hernandez has requested discovery and an evidentiary hearing to establish, under the Catton analysis, that the Debtors' use of the Property will not survive a "predominant use" inquiry.

In Re Sydnor

431 B.R. 584 · United States Bankruptcy Court, D. Maryland · Jun 11, 2010

As to the latter grounds it is clearly established that Sydnor has not paid fees that are statutorily due to the United States Trustee and has not made a payment against that outstanding balance since September of 2009. … Clearly, cause has been established pursuant to Section 1112(b)(4)(K) as to the non-payment of fees and such cause requires this court to either dismiss the case or order the case converted to a case under Chapter 7, unless

Brandt Ex Rel. the Estates of Plassein International Corp. v. B.A. Capital Co. (In Re Plassein International Corp.)

28 A.L.R. Fed. 2d 829 · United States Bankruptcy Court, D. Delaware · Apr 20, 2007

Second, under the Bankruptcy Code, 11 U.S.C. § 546 (e), the transfers are exempt from avoidance because they qualify as settlement payments by a financial institution. DE CISION A. … All of these cases clearly establish that the transfers at issue are exempt from avoidance under section 544 of the Bankruptcy Code. Therefore, the Court will GRANT the Motions to Dismiss. An appropriate Order follows.

Tomsic v. Pitocchelli (In Re Tri-Star Technologies Co.)

260 B.R. 319 · United States Bankruptcy Court, D. Massachusetts · Mar 30, 2001

(In re Morse Tool, Inc.), 148 B.R. 97, 131 (Bankr.D.Mass.1992) (trustee bears the burden of proving the existence of qualified unsecured creditor); Young v. Paramount Communications, Inc. … To the extent, therefore, that Pitoc-chelli attempted to assert any offsetting claim under § 548(c), he has failed to establish it.

In Re Goss

352 B.R. 309 · United States Bankruptcy Court, E.D. Oklahoma · Sep 18, 2006

To qualify for an exemption under Oklahoma law for tools of the trade, Okla. … Although profitability is not essential to the establishment of a trade or profession, the purpose of the exemptions is to provide support to the Debtor and his family; therefore, profitability is a consideration in establishing

In Re Robrock

430 B.R. 197 · United States Bankruptcy Court, D. Minnesota · May 21, 2010

Trustee points out, the Debtor’s current obligation on this account does not qualify as a “secured debt” in bankruptcy. … This clearly was the last adjustment on account of the Debtor's productivity experience during the second quarter of 2009.