Case law

Vital Pharmaceuticals, Inc.

United States Bankruptcy Court, S.D. Florida. · Apr 23, 2025

”47 Nor does unequal argument time, without more, establish a due process violation. … Owoc’s favor” are not only incorrect, but legally insufficient to establish bias.

Kelsey v. Great Lakes Higher Education Corp.

287 B.R. 132 · United States Bankruptcy Court, D. Vermont · Oct 23, 2001

DISCUSSION The debtor seeks a final judgment discharging her student loan obligations owed to the defendants on the grounds that a preponderance of the evidence establishes that the debtor has met the test for establishing … Well qualified and substantiated expert testimony is essential.

Baehr v. Internal Revenue Service Center (In Re E & S Comfort, Inc.)

92 B.R. 616 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 20, 1988

Clearly, we cannot incorporate his testimony from AIA II into the record here. … The Drabkin court states, 824 F.2d at 1115 , that a payment "qualifies as a voidable preference under section 547(b)-(c) unless the funds used are traceable to a trust and therefore are excluded from the debtor's estate under

Staton Holdings, Inc. v. Mileski (In Re Mileski)

416 B.R. 210 · United States Bankruptcy Court, W.D. North Carolina · Apr 28, 2009

Among these, the ruling establishes that the August 23rd agreement was the parties contract, not the August 11th document. This, in turn, established that Sta-ton had an unlimited product return right. … As we will see, these do not establish fraud of the sort contemplated by § 523(a)(2)(A). C.

Blythe v. HSBC Bank USA, N.A. Ex Rel. Ace Securities Corp. (In Re Blythe)

445 B.R. 405 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 25, 2009

The Plaintiffs assert that their loan qualifies for this very exception. … This is established law. A vicarious violation of UDAP has been held to have occurred where a different consumer protection statute is violated. In re Wylie, 1991 WL 42236 *4 (E.D.Pa.)

Flanigan v. Defeo (In Re De Feo Fruit Co.)

24 B.R. 220 · United States Bankruptcy Court, W.D. Missouri · Sep 3, 1982

But the evidence, as analyzed above, does not so establish. … “We think that the framers of (Rule 1006) of the Federal Rules of Evidence) clearly contemplated a pre-trial resolution of any issues that may be raised concerning the use of summaries.

In Re DWS Investments, Inc.

121 B.R. 845 · United States Bankruptcy Court, C.D. California · Nov 19, 1990

The goal of Congress with the Code was to codify creditor’s rights more clearly than was done through case law. Id. 489 U.S. at 248-49 , 109 S.Ct. at 1034-35 , 103 L.Ed.2d at 303 . … In California, the term "penalty” traditionally has been used to designate a charge which is deemed to be void because it cannot qualify as a proper liquidated damages. See Better Food Markets v. Amer. Dist. Dis. Teleg.

Long Island Lighting Co. v. Bokum Resources Corp.

40 B.R. 274 · United States Bankruptcy Court, D. New Mexico · Dec 16, 1983

Brossard, supra, clearly held that a sharing of profits is essential. … The first decision in the United States to clearly recognize mining partnerships was Skillman v. Lachman, 23 Cal. 198 (1863).

In Re Britt

211 B.R. 74 · United States Bankruptcy Court, M.D. Florida · Feb 26, 1997

The legislative purpose of Chapter 13 was to achieve broad, extensive, and un *77 qualified discharge of debts for a working debtor. … Britt’s prior act of embezzlement is clearly against public policy, but Congress distinguishes Chapter 13 from Chapter 7.

In Re Larson

260 B.R. 174 · United States Bankruptcy Court, D. Colorado · Mar 12, 2001

Id. 21 *192 The Debtors have established a long tradition in farming and ranching. They have further established a credible and determined intent to continue farming and/or ranching in the future. … Clearly, the public interest is advanced by allowing debtors to utilize the amended exemptions pursuant to the pre-existing Bankruptcy Code Section 522.

Bishop v. U.S. Bank/Firstar Bank, N.A. (In Re Bishop)

296 B.R. 890 · United States Bankruptcy Court, S.D. Georgia · May 2, 2003

In this case, Bank’s liability in willfully violating the automatic stay has been established. … Where both emotional distress and willful conduct have been established, the causal link between the willful conduct in violation of the stay and the harm must be clearly established or readily apparent. See Burke v.

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 Brady

361 B.R. 765 · United States Bankruptcy Court, D. New Jersey · Feb 13, 2007

While the legislative history does contain “clearly expressed legislative intent” to identify debtors who can afford to repay their debts, and to compel them to do so, Congress established very clearly the fixed formulas … However, once established for the debtors, the applicable commitment period must then be read in the context of section 1325(b)(1)(B), as discussed above.

In Re Allen

360 B.R. 216 · United States Bankruptcy Court, E.D. Texas · Oct 13, 2006

Though these claims clearly qualified for *223 § 1325(a)(*) protection and treatment within the section of the standardized plan addressing claims to which the § 506 valuation is not applicable, 12 the Debtors (or specifically … Even without the Debtors’ admissions, the proofs of claim filed by both creditors establish that the requisite criteria has been met in each case. 4 .

Rabin v. B & M Realty Corp. (In re Plechaty)

201 B.R. 486 · United States Bankruptcy Court, N.D. Ohio · Oct 11, 1996

The Loan The form of the transfer to B & M does not of itself clearly establish its character. The only contemporary documentary evidence of the transfer is a check drawn on Mrs. … It was apparent from her testimony that she played no significant role in managing or directing the affairs of B & M and that she was not qualified to do so. Mrs.

Dymarkowski

United States Bankruptcy Court, N.D. Ohio · May 21, 2026

A motion to dismiss may also be granted on the basis of an affirmative defense if the facts conclusively establish the defense as a matter of law. … Ohio 1984)(“The Finding of Fact clearly establishes that the trustee has met his burden of proof that the debtor, Carole A. Chimento, is not entitled to a discharge under 11 U.S.C. section 727.

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 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 Benefield

438 B.R. 709 · United States Bankruptcy Court, D. New Mexico · Sep 14, 2010

Thus his solar panel training and qualification cannot be considered as a qualifying change in circumstances. 3. The 2010 calf crop Finally, Mr. … The licenses are awarded on a computer-managed modified first-come-first-serve/lottery basis to qualified applicants.

In Re Young

166 B.R. 854 · United States Bankruptcy Court, E.D. Texas · Apr 4, 1994

From the date of establishment until the filing of Debtor’s petition over $242,468.97 in interest has accrued. … Brothers would be decided differently under the 1991 or 1993 version of article 21.22. 6 First, cash surrender values of qualifying insurance policies are now expressly exemptible.