Case law

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

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 Albert Lindley Lee Memorial Hospital

428 B.R. 276 · United States Bankruptcy Court, N.D. New York · May 7, 2010

to make disbursements to the next qualified claimant. … Bankruptcy courts have found that unemployment compensation contribution payments qualify as an employment tax under this section.

In Re Wickliffe

106 B.R. 470 · United States Bankruptcy Court, W.D. Kentucky · Apr 3, 1989

Accordingly the court’s findings in that regard may not be disturbed on appeal unless they are clearly erroneous. In re Caldwell, 851 F.2d 852 (6th Cir.1988). … As such, it then becomes incumbent upon the. debtor to come forward with evidence which will affirmatively establish the existence of his good faith.

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 Owens

269 B.R. 794 · United States Bankruptcy Court, N.D. Illinois · Nov 27, 2001

The Debtor, as a licensed practical nurse, is the most qualified and only member of the family who is able to help care for her mother. … The Debtor has not established a new homestead in Louisiana.

In re Niday

498 B.R. 83 · United States Bankruptcy Court, W.D. Virginia · Aug 27, 2013

The question assumes that the debtors are otherwise qualified for discharge, and that unsecured creditors are to receive a dividend of less than 100%. *85 (Debtors’ Br. at 1, ECF No. 109). … If the modification is opposed, the debtor bears the burden of establishing compliance with the provisions of § 1329, 8 one of which is the incorporated requirement of § 1325(a)(3) that “the plan [modification] has been proposed

In Re Coverstone

461 B.R. 629 · United States Bankruptcy Court, D. Idaho · Apr 21, 2011

Some portion of Britney’s contributions to the household comes from child support payments received and is clearly expended in support of the dependent children/grandchildren. … As above-median-income debtors, Debtors’ expenses are established by § 707(b)(2), commonly referred to as the “means test.” See § 1325(b)(3).

In Re LaVelle

350 B.R. 505 · United States Bankruptcy Court, D. Idaho · Dec 19, 2005

They, and the witnesses’ testimony, establish the following. … Debtors clearly attempt to assert an exemption in the Eagle Road Property. See Ex. M at schedules A, C.

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.

In re Wilcox

529 B.R. 231 · United States Bankruptcy Court, W.D. Michigan · Apr 21, 2015

The allegations the Creditors assert against the Debtor in the Kent County Lawsuit, relating to his activities clearly predating his bankruptcy petition, would almost certainly, if established to the satisfaction of the Kent … seek to except debts from discharge under § 523(a)(2), (a)(4), or (a)(6) must file their complaints with the bankruptcy court promptly, 5 and if they fail to do so, such debts are discharged even if they might otherwise qualify

United States v. Fitzgerald (In Re Fitzgerald)

73 B.R. 923 · United States Bankruptcy Court, E.D. Pennsylvania · May 27, 1987

The people at work there are not automatons; they are human beings, not immune from lapses in procedure because of distractions, overwork, forgetfulness, carelessness, or other foibles to which we are all vulnerable. … Clearly distinguishable on this point are the other "public benefits" cases cited by the parties.

Taylor v. Green Tree Financial Servicing Corp. (In Re Taylor)

260 B.R. 548 · United States Bankruptcy Court, M.D. Florida · Dec 11, 2000

Unconscionability of an FAA-qualified arbitration clause under Minnesota law i. … Therefore, the Court finds that the arbitration clause at issue is FAA-qualified and moves on to the unconscionability inquiry.

In Re Hanson Industries, Inc.

88 B.R. 942 · United States Bankruptcy Court, D. Minnesota · Jul 18, 1988

Rightful dishonor of checks is, however, appropriate and clearly allowed. See Nietzel v. Farmers & Merchants State Bank, 307 Minn. 147 , 238 N.W.2d 437, 439-40 (1976). … Perhaps one test might be whether qualified lawyers would take the case on a contingency fee basis.

In Re TS Industries, Inc.

117 B.R. 682 · United States Bankruptcy Court, D. Utah · Aug 14, 1990

The basis of the court’s holding is that the FORN-CO Agreement clearly is not the type of agreement that was contemplated as being barred from assumption under § 365(c)(2). … Precluding pre-petition workouts entered into in anticipation of bankruptcy from the scope of § 365(c)(2) does not make such contacts immune from rejection under § 365(a).

Larimore v. Gulsby (In re Craft Plumbing Service)

53 B.R. 654 · United States Bankruptcy Court, M.D. Florida · Sep 27, 1985

transfers were preferential transfers in that they were made by Craft Plumbing while it was insolvent, within one year prior to the filing of the Petition for Relief, and that since the recepients of the transfers were clearly … In addition, the transfer of title to the automobile was, obviously, an attempt by Gulsby to immunize the automobile from any claim of the Trustee of Craft Plumbing by placing the title in the name of his son.

Salkin v. Palm Beach International, Inc. (In Re Maxko Petroleum, LLC)

425 B.R. 852 · United States Bankruptcy Court, S.D. Florida. · Mar 12, 2010

These pleadings demonstrate that the existence and role of Sunrise Chevron was clearly noted for the Court as well as any interested parties. … Hage clearly understood that, as the backup bidder, he would be obligated to close as purchaser in the event that the PBI Defendants defaulted. Hage Tr. 128:16-129:3. 7.

Borrero v. Connecticut Student Loan Foundation (In Re Michael Borrero)

208 B.R. 792 · United States Bankruptcy Court, D. Connecticut · May 30, 1997

It is conceded that the CSLF, USA Funds, and NYSHESC loans do not qualify as loans made under the Health Education Assistance Loan (“HEAL”) program, and the nondischargeability of those loans (“nonHEAL debts”) should be analyzed … Kephart, 170 B.R. 787, 791 (W.D.N.Y.1994) (Interpreting a similar discharge provision, 42 U.S.C. § 254o(d)(3)(A), the court determined that “[t]he concept of ‘undue hardship’ is stringent enough but clearly the requirement

In re Carlin Investment Co.

158 B.R. 690 · United States Bankruptcy Court, N.D. Ohio · Aug 12, 1993

Third, the Trustee failed to file his Brief in accordance with the schedule established by the Court. … Clearly, those principles established in Pioneer have no relevance to the case at bar.

In Re Sampath

314 B.R. 73 · United States Bankruptcy Court, E.D. Virginia · Jul 22, 2004

None of the cases qualify the statement. … The property is subject to the joint creditors of the spouses, but is immune from the individual debts of one spouse. Id.