Case law

Arrowsmith v. United States (In re Health Diagnostic Laboratory, Inc.)

578 B.R. 552 · United States Bankruptcy Court, E.D. Virginia · Dec 6, 2017

In order to qualify for S corporation status, a corporation must be a small business corporation. … Under the Butner principle, there is clearly a countervailing federal interest because S corporation status is a creature of federal law under subchapter S of the Tax Code.

Sellner v. Patterson (In Re Patterson)

375 B.R. 652 · United States Bankruptcy Court, D. Kansas · Jun 4, 2007

that either of these fees qualifies as a “franchise fee” under the MFA. … Such violations clearly are sufficient to establish liability under the MFA for rescission (the remedy Sellner seeks in his motion), but just as clearly are not sufficient to show that the resulting liability is covered by

Madera v. Ameriquest Mortgage Co. (In Re Madera)

363 B.R. 718 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 8, 2007

These new claims are clearly not based upon newly discovered evidence. … Moreover, assessment of their claims and defenses is clearly the job of counsel, who has the legal expertise needed to do so.

NesSmith Electric Co. v. Kelley (In Re Kelley)

84 B.R. 225 · United States Bankruptcy Court, M.D. Florida · Feb 23, 1988

joint venture agreement, wherein plaintiff agreed to lend its credit with Transamerica Insurance Company (“Surety”) to permit issuance of performance and payment bonds in favor of HRS for the project so that Abney could qualify … The elements necessary to create an express or “technical” trust include (1) sufficient words to create a trust, (2) a clearly defined trust res, and (3) an intent to create a trust relationship.

Jackson v. Marlette (In Re Jackson)

317 B.R. 573 · United States Bankruptcy Court, D. Massachusetts · Nov 30, 2004

Additionally, they stated: If the Debtors had filed a declaration of homestead prior to filing their bankruptcy petition, the Plymouth Street property would have been immunized from creditors while the Debtors’ outstanding … In the first place, the Court rejects Marlette argument that the Debtors are relying upon 11 U.S.C. § 327 (e), which they cited in their Motion to Employ Special Counsel, to establish jurisdiction.

Woodard v. Stewart (In Re Stewart)

280 B.R. 268 · United States Bankruptcy Court, M.D. Florida · Oct 1, 2001

No other direct evidence of the tax-qualified status of the plan was offered into evidence. … A default is clearly within the Court’s discretion. Fed.R.Bankr.P. 7055 (1998). Federal Rule of Bankruptcy Procedure 4005 clearly places the initial burden of persuasion in an objection to discharge on the Plaintiff.

Bast v. Orange Meat Packing Co. (In Re G & L Packing Co.)

20 B.R. 789 · United States Bankruptcy Court, N.D. New York · May 24, 1982

In essence, Empire also alleges it was a cash seller and statutory beneficiary qualifying under the P & S Act. … Upon cross-examination, the witness’ opinions were qualified.

In Re Dow Corning Corp.

227 B.R. 111 · United States Bankruptcy Court, E.D. Michigan · Jan 25, 1999

The speech involved in Semco clearly was commercial speech as that term is defined in Bolger . … Clearly, then, the U/S CC was justified in looking to established precedent in the field of securities regulation for guidance on the meaning of “solicitation” in § 1125(b) of the Bankruptcy Code.

In re: Barrow Shaver Resources Company, LLC

United States Bankruptcy Court, S.D. Texas · Aug 24, 2026

If the Debtor had rejected the JOA and EA on day one of the bankruptcy, then Middleton Oil would clearly be entitled only to unsecured rejection damages. … This is because “[i]mposition of a constructive trust clearly thwarts the policy of ratable distribution and should not be impressed cavalierly.”

In Re Combs

435 B.R. 467 · United States Bankruptcy Court, E.D. Michigan · Sep 3, 2010

The court held that “there clearly was judicial action ... in the form of a divorce decree ... awarding specific property” to the appellant-wife. Id. … N.D.Ill.2000) (where no “Qualified Illinois Domestic Relations Order” entered, court finds that such is not controlling as such orders “enforce preexisting property rights against an ERISA-qualified pension plan” but do “

Christensen v. Jubber

United States Bankruptcy Court, D. Utah · Mar 27, 2020

Nearly seventy years ago, the Supreme Court noted that “[t]he practice is well established by which trustees seek instructions from the court, given upon notice to creditors and interested parties, as to matters which … , the Court wants to make abundantly clear that it is not engaging in an immunity analysis nor deciding this case on immunity grounds.

Eisenberg v. C & J Services, Inc. (In re G & M Enterprises, Inc.)

485 B.R. 112 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 9, 2013

Defendant has not met its burden to qualify for reconsideration under the three-factor Subramanian test offered by Defendant as controlling. … Clearly, the address to which all notices were sent was correct. Defendant responded to the initial summons and complaint, however inadequately, shortly after service of them.

Dickenson v. American General Finance (In re Capps)

135 B.R. 821 · United States Bankruptcy Court, E.D. Tennessee · Jan 15, 1992

Music House maintained a financing relationship with American by which American provided purchase money financing to qualified Music House customers. … Clearly, the evidence establishes that Ella Guru’s owned the piano. The court accordingly finds that the piano was not property of the debtor’s estate.

Tinsley & Groom v. West Kentucky Production Credit Ass'n (In Re Tinsley & Groom)

49 B.R. 85 · United States Bankruptcy Court, W.D. Kentucky · Nov 5, 1984

That loan closing letters which approved renewal requests and which qualified or mandated certain conditions precedent to said approval, were in such instances accepted as to such conditions by plaintiff, and were not an … Code Cong. & Ad.News, 5787, 5963. *90 Further as noted in Matter of All Products Co., 32 B.R. 811 (E.D.Mich.S.D., 1983) at page 815: To establish that subordination is an appropriate remedy, the proponent must establish the

In Re Jean

306 B.R. 708 · United States Bankruptcy Court, S.D. Florida. · Feb 20, 2004

Once the value of an item of property is established for that purpose, whether by court order, agreement or otherwise, it will not be changed after the case is converted to Chapter 7. *716 Collier on Bankruptcy, ¶ 348.07[ … Courts clearly should not find bad faith if the debtor is unable to complete a plan due to a change in circumstances or financial hardship.

Sylvester v. Martin (In Re Martin)

130 B.R. 930 · United States Bankruptcy Court, N.D. Illinois · Jul 5, 1991

Clearly the jury’s findings on the issues was the basis for that judgment. … Two of the nine statements qualified as misrepresentations under Wisconsin law: (b) that the financial statements which he gave to Philip R.

Voyatzoglou v. Hambley (In Re Hambley)

329 B.R. 382 · United States Bankruptcy Court, E.D. New York · Aug 23, 2005

However, it is well established that intent to deceive may be established through circumstantial evidence and inferred from the totality of the evidence presented. … A statement concerning the ownership of assets clearly qualifies as a statement regarding financial condition. Engler v.

In Re Verasun Energy Corp.

467 B.R. 757 · United States Bankruptcy Court, D. Delaware · Mar 26, 2012

That event qualified as a “Potential Change in Control” under the CIC Agreements, triggering the Executives’ commitment not to leave the company. … Though physically separate documents and signed at different times, they clearly relate to the same subject matter: the Executives’ employment at VeraSun.

Varney v. Derryberry (In re Stroh)

38 B.R. 95 · United States Bankruptcy Court, N.D. Ohio · Feb 13, 1984

In sum, the Court finds that notwithstanding the lack of a formal written agreement, considering all the circumstances, the parties through their actions established a landlord-tenant relationship. … Further *100 more, pursuant to the provisions of § 1917.34 Ohio Revised Code, it is argued that since plaintiffs interest is unassailable by a judgment creditor of the debtor, it is similarly immune from any claim of the

In re Rehman

479 B.R. 238 · United States Bankruptcy Court, D. Massachusetts · Oct 5, 2012

Rehman’s affidavit to establish that the following occurred. Prior to completion of her bankruptcy schedules, Ms. … Clearly, the words “successors” and “assigns” have different meanings. S. Patrician Associates v. Int’l Fid. Ins. Co., 191 Ga.App. 106 , 381 S.E.2d 98, 99 (1989).