Case law

In Re Tci 2 Holdings, LLC

428 B.R. 117 · United States Bankruptcy Court, D. New Jersey · Apr 12, 2010

Holders of publicly traded securities of a casino licensee, entity qualifier, subsidiary or holding company, may also be required to qualify as financial sources. … The feasibility factor clearly weighs in favor of the Beal/Icahn Plan.

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.

Krakowski v. Am. Airlines, Inc. (In re Amr Corp.)

598 B.R. 365 · United States Bankruptcy Court, S.D. New York · Mar 8, 2019

. § 153 , First (q) (establishing a two-year period for challenging grievance arbitration awards), with 45 U.S.C. § 159 , Second (establishing 10-day period for challenging interest arbitration awards). … But the Plaintiffs' own Complaint clearly states that the emails discussed both Mr.

Commerce Industry Insurance v. E.I. Du Pont De Nemours & Co. (In Re Malden Mills Industries, Inc.)

277 B.R. 449 · United States Bankruptcy Court, D. Massachusetts · May 10, 2002

Fair, 902 F.2d 140, 142 (1st Cir.1990) (reviewing denial of summary judgment when coupled with denial of qualified immunity); Acevedo-Garcia v. Vera-Monroig, 204 F.3d 1, 10 (1st Cir.2000). … In the instant case the facts are not well-established; they are vigorously contested.

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

Buckeye Retirement Co. v. Kakde (In Re Kakde)

382 B.R. 411 · United States Bankruptcy Court, S.D. Ohio · Feb 8, 2008

Clearly the Borrowing Base Certificates were not intended for that purpose, nor did they serve that purpose. … Provident had recourse to more significant reports and was clearly influenced by other circumstances in charting its lending course with USAT.

In re Merhi

518 B.R. 705 · United States Bankruptcy Court, E.D. New York · Oct 10, 2014

Because the both mortgages are residential mortgage transactions — thus not mortgages subject to § 1602(aa) — neither qualifies as a HOEPA loan. … In this case, the term purchase-money mortgage clearly encompasses the mortgages received by Ms. Kodsi as collateral for the sale of the Property.

Musso v. Herman (In Re Tesmetges)

85 B.R. 683 · United States Bankruptcy Court, E.D. New York · Apr 22, 1988

Although paragraph 4 of the stipulation recites that the tenants had an option to purchase the premises and further states that the option was exercised and a contract entered into between the parties, the facts clearly show … In addition and apart from the plaintiff’s burden of establishing intent, a defendant must also establish the reasonableness and legitimacy of the conveyance. United States v.

In Re Remington

311 B.R. 315 · United States Bankruptcy Court, D. Maine · Jul 12, 2004

In pertinent part, Code § 522(f) establishes a debtor’s lien avoidance power: (1) Notwithstanding any waiver of exemptions but subject to paragraph (3), the debtor may avoid the fixing of a lien on an interest of the debtor … The notions of “impairment” and “avoidance” are now clearly defined by statute and, in this circuit, authoritative case law. Nelson v. Scala, 192 F.3d 32 (1st Cir.1999) (addressing amended statute’s avoidance formula).

Fisher v. Prime Table Restaurant & Lounge, Inc. (In Re Lake States Commodities, Inc.)

271 B.R. 575 · United States Bankruptcy Court, N.D. Illinois · Jan 11, 2002

First, the Court determines if the proposed expert qualifies as an expert. In the absence of any objection in this regard and in light of Malek’s impressive training and experience, Malek qualifies as an expert. 58. … Clearly, it is not an opinion formulated by him after an audit or any search for the truth of the actual amount of the indebtedness. An expert’s testimony cannot be used to subvert rules of evidence.

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.

Anastasoff v. Belleville (In re Belleville)

584 B.R. 854 · United States Bankruptcy Court, C.D. Illinois · May 9, 2018

As set forth in section 101(14A) of the Bankruptcy Code, the definition of "domestic support obligation" requires that four elements be established with respect to a debt in order for it to be determined that the debt is … The bankruptcy court determined that the obligation did qualify as a domestic support obligation, the district court affirmed, and on further appeal, the Seventh Circuit affirmed.

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

Chittenden Trust Co. v. Mayo (In Re Mayo)

94 B.R. 315 · United States Bankruptcy Court, D. Vermont · Dec 7, 1988

Lucinda James, 94 U.S. 207 , 24 L.Ed. 112, 114-115 (1877) (fraud must be clearly proved). … 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 Farmland Industries, Inc.

294 B.R. 903 · United States Bankruptcy Court, W.D. Missouri · May 28, 2003

The documents establishing the Plan allow Farmland to discontinue the program at any time. Terminating the Plan will limit further liabilities under the Plan. 7. … without good cause; and (3) such modification is necessary to permit the reorganization of the debtor and assures that all creditors, the debtor, and all of the affected parties are treated fairly and equitably, and is clearly

King v. Speaks (In Re Speaks)

193 B.R. 436 · United States Bankruptcy Court, E.D. Virginia · Sep 25, 1995

Because the debtor has not established that he is entitled to judgment as a matter of law, the motion for summary judgment will be denied. … It is well-settled that an agreement to hold a spouse harmless on specific debts may qualify as nondischargeable under this section. Ferebee v. Ferebee (In re Ferebee), 129 B.R. 71, 73-74 (Bankr.E.D.Va.1991) (Tice, J.)

First International Bank v. Kerbaugh (In Re Kerbaugh)

162 B.R. 255 · United States Bankruptcy Court, D. North Dakota · Sep 15, 1993

Accordingly, the credit application clearly qualifies as a statement made in writing respecting the debtors’ financial condition. 3. … In this case, the evidence clearly established that the debtors’ credit application played a meaningful role in the plaintiffs decision to extend credit. Although the plaintiff relied on Mr.

In Re Bremer

104 B.R. 999 · United States Bankruptcy Court, W.D. Missouri · Aug 22, 1989

Absent an ambiguity or clearly expressed legislative intent to the contrary, the language of the statute is conclusive. … U.S., 472 F.2d 1110, 1112 (8th Cir.1973) (interpreting federal gun control statute): qualifying words or clauses refer to the next preceding antecedent except when sense and meaning require a different construction.

In Re Morgan

225 B.R. 290 · United States Bankruptcy Court, E.D. New York · Sep 30, 1998

“Servicing agent” does not seem to be a defined term in New York law. 8 Presumably both servicing agents are either New York corporations or qualified to do business in New York. … Since the issues herein were raised sua sponte and both of the underlying bankruptcies have been resolved, it is appropriate to establish this court’s jurisdiction.

In Re National Environmental Waste Corp.

191 B.R. 832 · United States Bankruptcy Court, C.D. California · Jan 25, 1996

The issues before the Court are (1) whether the actions of the City qualify under the automatic stay exception in Bankruptcy Code § 362(b); and (2) whether the automatic stay can be annulled in this case with respect to the … petition filed ... operates as stay, applicable to all entities, of— ... (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate; It is well established