Case law

In re U.S. Fidelis, Inc.

481 B.R. 503 · United States Bankruptcy Court, E.D. Missouri · Aug 28, 2012

Even if the result of the balloting of the consumer creditors alone does not establish the consumers creditors’ consent to the releases in the Plan, it clearly indicates that, of those consumer creditors who chose to vote … Section 2.03 Qualified Settlement Fund.

Boyd v. Perry (In Re Boyd)

185 B.R. 529 · United States Bankruptcy Court, E.D. Michigan · Aug 24, 1995

The court stated the “rule is clearly established that where one party advances money to another upon the faith of a verbal agreement by the latter to secure its payment by a mortgage upon certain lands and improvements, … As in Schram , the parties clearly intended that the note would be secured by a mortgage. However, the facts are distinguishable.

In re Wood

601 B.R. 754 · United States Bankruptcy Court, W.D. Kentucky · May 15, 2019

The Court finds the Debtor's testimony of complete ignorance as to the real estate business not credible, especially since it was clearly listed on her tax returns, to which she signed. … The Debtor's Motion is clearly just another attempt by the Debtor to avoid paying on the debt owed to Gerstenecker, which she has disputed from the beginning.

In Re Stegall

64 B.R. 296 · United States Bankruptcy Court, C.D. Illinois · Aug 20, 1986

The Debtors attempt to qualify for the “new capital” exception by providing their labor and services in conducting the farming operation during the period of the plan. *299 Mr. … A corporation debtor would have to cancel its existing equity interest at the outset in order to establish a new equity interest.

Centerre Bank of Neosho v. Major (In Re Major)

44 B.R. 636 · United States Bankruptcy Court, W.D. Missouri · Sep 6, 1984

This is established by the unanimous testimony of the witnesses and parties. There was no controversion on this factual issue. 2 . See note 1, supra. 3 . … (T)he bankruptcy court ... must be held to be qualified to exercise the jurisdiction of an Article III court or else indulge in the vain exercise of void jurisdiction_ In this respect, ... the bankruptcy court may rely upon

Levit v. Spatz (In Re Spatz)

209 B.R. 907 · United States Bankruptcy Court, N.D. Illinois · Jun 19, 1997

The interest expense of $115,000 was clearly excessive in relation to the remaining debt of $300,000. … The Court found McCann highly qualified and his methodology well supported and logical, with one exception.

Homeside Lending, Inc. v. Denny (In Re Denny)

242 B.R. 593 · United States Bankruptcy Court, D. Maryland · Dec 29, 1999

Giving due weight to each word in the phrase “sold at a foreclosure sale,” this court finds that the preposition “at” clearly indicates the specific event of the foreclosure sale. … Allen, 152 F.3d 283 , 288 n. 6 (4th Cir.1998) (“[It] is [a] fundamental canon of statutory construction that a qualifying phrase refers solely to its immediate antecedent”), it does not make that term ambiguous.

In Re Kelton

389 B.R. 812 · United States Bankruptcy Court, S.D. Georgia · May 13, 2008

. • Debtor’s schedules reflect an “ERISA-qualified Teacher’s Retirement Plan” with no value. … Each report shall clearly and conspicuously specify any material misstatement of income or expenditures or of assets identified by the person performing the audit.

Holber v. M & T Bank (In Re Scheffler)

471 B.R. 464 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 5, 2012

The evidence is clearly insufficient for me to determine the value of the Home as of that time. … This is clearly insufficient evidence to establish an accurate value for the Home.

Quenzer v. Advanta Mortgage Corp. (In Re Quenzer)

266 B.R. 760 · United States Bankruptcy Court, D. Kansas · May 31, 2001

TILA, agreed that reading the regulation to bar courts from altering the immediate voiding of the security interest was “technically correct,” and yet concluded that the legislative history of the TILA Simplification Act established … Rachbach , the Tenth Circuit recognized that Congress had altered the traditional rescission remedy at least to the extent of eliminating the requirement that the obligor tender back the consideration received in order to qualify

MacLeod v. Arcuri (In Re Arcuri)

116 B.R. 873 · United States Bankruptcy Court, S.D. New York · Jun 30, 1990

Although his college major was biology, in 1981 he became a securities salesperson after taking several qualifying exams. Id. at 18-19, 72 . … A false valuation of an asset is clearly within the purview of Code § 727(a)(4)(A).

Iannacone v. New Holland Credit Co. (In Re Organic Conversion Corp.)

259 B.R. 350 · United States Bankruptcy Court, D. Minnesota · Feb 26, 2001

The screener clearly is “equipment,” within the expansive definition of MINN. … As between the Debtor and the Defendant, the transfer was clearly effective upon the Debtor's grant of the security interest in January, 1998. 7 .

Romo v. Montemayor (In re Montemayor)

547 B.R. 684 · United States Bankruptcy Court, S.D. Texas · Mar 9, 2016

But see [ECF No. 35]. e. that he had been pre-qualified for a home mortgage from Key Mortgage, a firm that Debtor had previously worked with, but the financing was contingent on the discharge being granted. … It can hardly be said that Romo was unaware of the holding in Celotex , which as discussed above clearly provides that a district court may grant summary judgment sua sponte “so long as the losing party was on notice that

In re Kology

499 B.R. 20 · United States Bankruptcy Court, D. Massachusetts · Sep 24, 2013

Next, the Debtors’ house is unquestionably a “home,” and the evidence clearly establishes that the Debtors have occupied and intended to occupy their house as a principal residence since at least 2010 when the fifth-wheel … The evidence clearly establishes that the Debtors occupy their house, which is located on Lot 4, as a principal residence.

In Re Evenson

165 B.R. 27 · United States Bankruptcy Court, E.D. Michigan · Mar 17, 1994

There is nothing in the legislation establishing IRAs or the tax regulations regarding them which *30 prohibits a person from including in the IRA contract a provision that the trustee may not disburse until age 59jé except … Only some of the factors listed in § 72(t) are clearly consistent with 11 U.S.C. § 522 (d)(10)(E)'s “on account of” test.

In Re Hogue

78 B.R. 867 · United States Bankruptcy Court, S.D. Ohio · Oct 8, 1987

Several reported decisions consider the question of whether debtors who are required to liquidate property in order to generate sufficient income to fund a Chapter 13 plan qualify as “individuals with regular income” as defined … Debtors introduced no evidence to establish that the sales and/or refinancings contemplated by their plans were reasonably likely to occur at the times specified in the plans.

In Re Smith

113 B.R. 579 · United States Bankruptcy Court, D. North Dakota · Mar 19, 1990

The language of the statute itself is regarded as conclusive of legislative intent unless the statute is clearly ambiguous or creates an irrational result. Er *585 ickson at 1070. … The burden of establishing the requisite fraudulent intent by extrinsic evidence rests with the objecting party.

Park Nursing Center, Inc. v. Michigan Department of Social Services (In Re Park Nursing Center, Inc.)

28 B.R. 793 · United States Bankruptcy Court, E.D. Michigan · Mar 21, 1983

as may be established by law. … IV.Jurisdiction DSS raises two challenges to the jurisdiction of the Court: subject matter jurisdiction and Eleventh Amendment immunity.

In Re Ez Pay Services, Inc.

380 B.R. 861 · United States Bankruptcy Court, M.D. Florida · Sep 28, 2007

To qualify as an allowed administrative expense under § 503(b)(1), it is generally held that the claim must have arisen postpetition and resulted from actions taken by the trustee that created a benefit to the estate. … Clearly, Smoot provided substantial services to the Trustee.

Tolz v. Prestwood (In Re Prestwood)

322 B.R. 463 · United States Bankruptcy Court, S.D. Florida. · Feb 9, 2005

In Florida, a homestead is established when there is “actual intent to live permanently in a place, coupled with actual use and occupancy.” In re Brown, 165 B.R. 512, 514 (Bankr.M.D.Fla.1994). … She very clearly disliked even the idea itself, and the marriage suffered as a result. When questioned, she indicated that she thought Mr.