Case law

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 Leverett

378 B.R. 793 · United States Bankruptcy Court, E.D. Texas · Dec 5, 2007

schedules, (in) the original credit card creditor did not file a proof of claim, and (iv) an entity claiming to be an assignee of the original credit card creditor has signed and filed a proof of claim under penalty which is clearly … “Creditors’ entitlements in bankruptcy arise in the first instance from the underlying substantive law creating the debtor’s obligation, subject to any qualifying or contrary provisions of the Bankruptcy Code.”

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 Senior Cottages of America, LLC

438 B.R. 414 · United States Bankruptcy Court, D. Minnesota · Sep 27, 2010

If there are none such, the governing law is then applied to the undisputed facts established by the evidentiary record presented. … The record would establish that Morris hedged and qualified his statements to Klane, opining that a value-based analysis should be done, founded on an actual appraisal, and that “fair and adequate consideration” then be given

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

Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)

444 B.R. 767 · United States Bankruptcy Court, W.D. Michigan · Mar 17, 2011

It is fortunate, then, that 95% of the world’s population is naturally immune to its effects. Only a small fraction of those exposed actually suffer from its symptoms. … The good news, though, is that Section 550(b)(1) immunizes the vast majority of such banks from this disease.

In re Frazier

569 B.R. 361 · United States Bankruptcy Court, S.D. Georgia · Mar 28, 2017

Further, because Braziel’s claim was clearly unsecured, the Court requested Braziel amend her proof of claim accordingly. F. … Phillips, 219 B.R. at 1007 . *371 Here, the first condition has clearly not been met because the Trustee has objected to Braziel’s claim.

Madison Madison International of Illinois, P.C. v. Matra, S.A. (In Re Madison Madison International of Illinois, P.C.)

77 B.R. 678 · United States Bankruptcy Court, E.D. Wisconsin · Aug 10, 1987

.1985), the Eighth Circuit affirmed both the bankruptcy court and the district court, holding that § 523 (which deals with exceptions to discharge) does not include corporate debtors, stating 762 F.2d at 670 : “Congress clearly … The phrases “debtor or bankrupt under the Bankruptcy Act” and “an individual associated with such debtor or bankrupt” must both be read in conjunction with the preceding word “individual” which is qualified by these phrases

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.

Westlb AG v. Kelley

531 B.R. 783 · United States Bankruptcy Court, D. Minnesota · Apr 23, 2015

To qualify as a “person aggrieved,” an appellant must have a “financial stake in the bankruptcy court’s order, meaning [it was] directly and adversely affected pecuniarily by the order.” … Thus, the fact that potential future creditors are sometimes permitted to participate in bankruptcy proceedings does not establish that they have standing to appeal the orders of the bankruptcy court.

Woolaghan v. United Mortgage Services, Inc. (In Re Woolaghan)

140 B.R. 377 · United States Bankruptcy Court, W.D. Pennsylvania · May 22, 1992

If a TILA violation is raised as a recoupment defense to a claim, case law has established that the 15 U.S.C. § 1640 (e) (1979) time limitation does not apply. … In re Jones, 122 B.R. 246, at 248 (citing In re Smith, 737 F.2d 1549 , 1552 n. 7 (CA11 GA 1984)) (To qualify as recoupment a cause of action must be asserted defensively.); with Matter of Smith, 14 B.R. 712, 714 (Bkrtcy.N.D.Ga

Krafsur v. UOP (In Re El Paso Refinery, L.P.)

196 B.R. 58 · United States Bankruptcy Court, W.D. Texas · Apr 19, 1996

Davis court held that, in Illinois, “in order to qualify as a lost volume seller, a plaintiff must establish the following three factors: (1) that it possessed the capacity to make an additional sale, (2) that it would have … Compare, In re Drexel Burnham Lambert Group, Inc., 138 B.R. 717 (willful misconduct strikes the appropriate balance between breach of duty and the limited immunity of a committee member).

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).

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

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 John Dawson & Associates, Inc.

289 B.R. 654 · United States Bankruptcy Court, N.D. Illinois · Jan 16, 2003

Each transaction exceeded the investment parameters established by Cameron. (TEX 7; CEX 18). … The findings made by the [trial] court clearly indicate the elements of a ratification ...” Id. at 182. Conclusion Here, Cameron is a sophisticated and experienced investor.

Salehsari v. Aalam (In re Aalam)

538 B.R. 812 · United States Bankruptcy Court, C.D. California · Feb 24, 2014

“The party asserting collateral es-toppel bears the burden of establishing these requirements.” Id. … The signature in the License Application closely matches Salehsari’s signature on the Promissory Note, the Disassociation Request, and Retainer Agreement, and is clearly Salehsari’s.

Ag Venture Financial Services, Inc. v. Montagne (Montagne)

417 B.R. 232 · United States Bankruptcy Court, D. Vermont · Sep 30, 2009

She next argued that Ag Venture could not establish “the necessary elements of its statutory claim.” … Thus, the Court declines to find that Ag Venture has established this particular badge of fraud.

Glauser v. Deutsche Bank National Trust Co. (In Re Glauser)

365 B.R. 531 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 3, 2007

Ameriquest clearly knew about the existence of the Wells Fargo Loan as it appears on the title commitment prepared by Express, which was in Ameriquest’s file. … Tr. at 90. 30 Neither the relevance nor the legal correctness of this view was established.

Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)

456 B.R. 318 · United States Bankruptcy Court, W.D. Michigan · Aug 17, 2011

In fact, in fashioning this aspect of that process, Congress itself has already established much of the distribution scheme without the involvement of a court at all by requiring proofs of claim, 56 by establishing priorities … However, the Court also recognized that the government, if it chose, could waive its immunity.