Case law

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 Parker

351 B.R. 790 · United States Bankruptcy Court, N.D. Georgia · Sep 13, 2006

The fact which most clearly supports a waiver is that Debtor filed his Motion to Extend Time For Credit Counseling (Docket No. 10) on February 21, 2006, just fifteen days after the filing of his bankruptcy petition. … Congress could not have intended to establish a procedure which interferes with the liquidation of an estate and the payment of creditors where the issue is not raised by creditors or their representative, the Trustee.

In re Arroyo

544 B.R. 751 · United States Bankruptcy Court, D. Puerto Rico · Nov 9, 2015

The movant “must either clearly establish a manifest error of law or must present newly discovered evidence.” Id. See also; BBVA v. Vazquez (In re Vazquez), 471 B.R. 752, 760 (1st Cir. BAP 2012), citing Aybar v. … The filing fee may be paid in instalments directly by the debtor, particularly in Chapter 7 cases in which there is no plan and the debtor does not qualify for a fee waiver pursuant to 28 U.S.C. § 1930 (f)(1), or it may be

Manty v. Helal (In re Fifty Below Sales & Marketing, Inc.)

490 B.R. 885 · United States Bankruptcy Court, D. Minnesota · Apr 12, 2013

No. 1] made the point more clearly. … Of the parties, Manty and the individual defendants would qualify as citizens of Minnesota.

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.

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.

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.

In Re Trammell

399 B.R. 177 · United States Bankruptcy Court, N.D. Texas · Nov 9, 2007

Clearly, those acts are factually distinguishable from the facts of Cockerham , where the non-contracting spouse clearly manifested his intent to be hable on the dress shop debts. See, e.g. … According to the Debtor, her daughter suffers from an immune deficiency disorder which took over a year to diagnose.

In Re Penn-Dixie Industries, Inc.

18 B.R. 834 · United States Bankruptcy Court, S.D. New York · Mar 12, 1982

The rationale for the change is clearly set forth in the House Report on Section 330 4 : to encourage successful administration of estates by attracting bankruptcy specialists of high quality. … Buteneas, Establishing Attorney’s Fees Under the Bankruptcy Code, 37 Business Lawyer 77 (1981).

In Re McLain

378 B.R. 39 · United States Bankruptcy Court, N.D. New York · Oct 24, 2007

Based upon all of its arguments, Creditor asserts that confirmation should also be denied under § 1325(a)(1) as the Debtors are unable to satisfy their burden of establishing that all of the requirements for confirming a … Clearly though, in the instant case, the Debtors do not own the cars in question free and clear, and they are paying these secured obligations.

In Re Lynch

187 B.R. 536 · United States Bankruptcy Court, E.D. Kentucky · Aug 22, 1995

Clearly, the present statute is in the disjunctive. It exempts property covered by the statute from execution or garnishment or attachment or sale to satisfy a judgment or order. … However, the lien does not qualify as a statutory lien under the Bankruptcy Code. 11 U.S.C. § 101 (53); it does qualify as a judicial lien as defined by 11 U.S.C. § 101 (36), which is made fully effective by statute.

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

Estate of Adler v. Suntrust Bank, N.A. (In Re America Capital Corp.)

425 B.R. 714 · United States Bankruptcy Court, S.D. Florida. · Feb 17, 2010

Count III is a new claim asserted in the Amended Complaint, seeking to establish a director fee in favor of Plaintiff Dueñas as “Senior Indebtedness.” … or to be qualified pursuant to this title.”

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.

Sunflower Compress v. Julien Co. (In Re Julien Co.)

136 B.R. 784 · United States Bankruptcy Court, W.D. Tennessee · Feb 14, 1992

If not, the case is clearly not applicable here as the controlling statute in these proceedings requires mutuality of obligations prepetition. … It may thus be concluded that the plaintiffs here qualify as prepetition bailees, rather than debtors.

Sandow v. Burke (In Re Burke)

416 B.R. 136 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 6, 2009

Clearly, a document referring only to a “gift of equity” does not constitute such a writing. … The evidence at trial established that Mr.

In re Peralta

599 B.R. 759 · United States Bankruptcy Court, D. New Jersey · Apr 16, 2019

Further, the document clearly lists Melinda Middlebrooks as the Debtors' attorney. … P. 4004 and 4007 ] are 'jurisdictional' or otherwise immune from tolling based on equitable principles." Id . at 188.

In Re National Store Fixture Co.

37 B.R. 481 · United States Bankruptcy Court, W.D. Missouri · Feb 24, 1984

Nor could such an elected trustee make application to appoint himself as attorney even though such a procedure is clearly contemplated by the Code, Section 327(d), because the appointing order is clearly prohibited by the … In the particular case here the Rule creates an irrebuttable presumption that the trustee is not qualified to perform his duties in this jurisdiction. Compare Vlandis v.

Official Committee of Unsecured Creditors of Xyan.Com, Inc. v. Banta Corp. (In Re Xyan.Com, Inc.)

299 B.R. 357 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 22, 2003

would result in a violation of public policy or protect someone from liability for a crime; — only when the corporation was an artifice and a sham to execute illegitimate purposes and an abuse of the corporate fiction and immunity … The prospect of bankruptcy was clearly on the horizon by the close of calendar year 2000, and the “defective” bankruptcy resolution by the Xyan Board of Directors followed a mere two months later.

Wallace v. Educational Credit Management Corp. (In Re Wallace)

443 B.R. 781 · United States Bankruptcy Court, S.D. Ohio · Dec 1, 2010

Because of his visual impairment, Wallace will never again be able to qualify for a driver’s license. … Under the case law discussed below, these expenses are clearly inadequate to support a minimal standard of living.