Case law

Frisbee v. Frisbee (In Re Frisbee)

144 B.R. 839 · United States Bankruptcy Court, W.D. Tennessee · Aug 20, 1992

The Sixth Circuit in In re Calhoun, 715 F.2d 1103 (6th Cir.1983), established a four-part test for determining dis-chargeability of a debt under § 523(a)(5). … The total evidence establishes that the plaintiff was clearly in need of support at the time the provision took effect since, in 1986, the plaintiff earned only $10,195.00, dividing into an approximate monthly income of $849.58

In Re McGovern

295 B.R. 897 · United States Bankruptcy Court, D. Minnesota · Jun 11, 2003

The state statute that establishes the process does not use either of the words “lien” or “transfer” to identify any aspect of any of its sequences. … Clearly, that does not happen, either as a matter of fact or as a matter of law.

Varble v. Chase (In Re Chase)

372 B.R. 133 · United States Bankruptcy Court, S.D. New York · May 18, 2007

The plaintiff must also establish justifiable reliance. … Indeed, courts have routinely held that legal services incurred in connection with a divorce proceeding do not qualify as “luxury ... services” within meaning of § 523(a)(2)(C)©. See, e.g., Shah v.

Staiano v. File Aid of New Jersey (In Re Bradshaw)

233 B.R. 315 · United States Bankruptcy Court, D. New Jersey · Apr 26, 1999

Defendants certainly qualify as such “other person” for purposes of this case. … «The defendants’ solicitation deceived the recipient into believing that the defendants were qualified to provide legal advice.

Inskeep v. Griffin (In Re Griffin Trading Co.)

418 B.R. 714 · United States Bankruptcy Court, N.D. Illinois · Oct 30, 2009

This testimony, however, establishes only the latest possible time MeesPi-erson’s bank, or the beneficiary bank, accepted. … We have no evidence regarding the calculation of the foreign futures secured amount or what customers qualified as foreign futures or foreign options customers.

Livesey Enterprises v. Smith Management, Inc. (In Re Smith Management, Inc.)

8 B.R. 346 · United States Bankruptcy Court, W.D. Wisconsin · Dec 22, 1980

Wis.Stat. § 704.29, although requiring landlord to mitigate, clearly allows collection of the entire rental amounts without limitation to the period of possession stating: [I]f the tenant is removed for failure to pay rent … Before examining the relevant facts, certain principals must be established.

Mortgage Guaranty Insurance v. Pascucci (In Re Pascucci)

90 B.R. 438 · United States Bankruptcy Court, C.D. California · Aug 3, 1988

While the debtors clearly obtained credit through the financial statements, the credit was obtained from Investment, and not MGIC. … The insurance provided by MGIC would qualify as property or services under the first element of the cause of action, if it had been obtained by the debtors.

Hacienda Heating & Cooling, Inc. v. United Artists Theatre Circuit, Inc. (In Re United Artists Theatre Co.)

410 B.R. 385 · United States Bankruptcy Court, D. Delaware · Aug 26, 2009

However, ESI conditionally waived the right to establish additional violations. (Adv. Doc. # 35, p. 5, n. 9.) 2 . … As supported by the declaration of a paralegal for Hacienda’s counsel, Hacienda’s fax number appears in the Database, thereby establishing its right to share in the Arizona state court’s damage award and establishing that

Heilig-Meyers Co. v. Wachovia Bank, N.A. (In Re Heilig-Meyers Co.)

328 B.R. 471 · United States Bankruptcy Court, E.D. Virginia · Aug 15, 2005

Therefore, the debtor in this appeal must establish that the bankruptcy court’s findings are dearly erroneous. … During that pause, Judge Tice discussed the irony that judges, “few of whom would qualify as expert witnesses in any trial of asset valuation,” are often called upon to determine the net worth of assets based on conflicting

In Re Schriock Construction, Inc.

176 B.R. 176 · United States Bankruptcy Court, D. North Dakota · Dec 16, 1994

Unlike interest, an over secured creditor’s right to attorney’s fees under § 506(b) is expressly qualified. … Congress, mindful of the fact that well established, pre-Code precedent dictated that the validity and construction of attorney fee provisions in security instruments in bankruptcy be determined in accordance with state law

In re Pete

541 B.R. 917 · United States Bankruptcy Court, N.D. Georgia · Dec 8, 2015

After considering the statute and the case law, the Court concludes that the statute clearly and unambiguously applies the same unsecured debt limit to an individual filer as it does to joint filers. … Perhaps Congress should raise the debt limits for eligibility for chapter 13 cases for single and joint filers and allow each debtor to qualify separately, but it has not yet decided to do so.

Campbell v. Carruthers (In re Campbell)

553 B.R. 448 · United States Bankruptcy Court, M.D. Alabama · Jun 14, 2016

Carruthers clearly violated the au- ■ tomatic stay provided by 11 U.S.C. §§ 362 (a)(3) and (a)(6). … The Eleventh Circuit has stated that to recover damages for emotional distress arising from a willful violation of the automatic stay, “a plaintiff must (1) suffer significant emotional distress, (2) clearly establish the

In Re Frontier Airlines, Inc.

93 B.R. 1014 · United States Bankruptcy Court, D. Colorado · Dec 12, 1988

The evidence established that virtually all transactions had been undertaken through Frontier and that the books and records of the companies did not clearly define the separate assets and liabilities such that a complete … At such time as it is clearly established that the available assets exceed all claims which have been finally allowed, or remain reserved against, distributions to the holders of allowed claims can commence.

Fryman v. Sim Textile Co. (In Re Art Shirt Ltd.)

68 B.R. 316 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 30, 1987

We hold that, on this record, the evidence clearly indicates that we must do so, and hence we find that the Debtor was indeed insolvent on the dates of the transfers. … The shipment and invoice dates are established as very close or identical.

In Re Lines

81 B.R. 267 · United States Bankruptcy Court, S.D. New York · Jan 15, 1988

Ill RCA’s assertion that River Plate cannot qualify as a debtor under § 109(b) is plainly without merit. In re Gee, 53 B.R. 891, 899-900 (Bankr.S.D.N.Y.1985). … At this stage, moreover, it clearly appears that such a course is likely the most appropriate way to provide for a just determination of these matters. See Cornfeld v.

Phelps v. Cordia (In Re Cordia)

280 B.R. 138 · United States Bankruptcy Court, N.D. Ohio · Dec 21, 2001

Plaintiff has failed to carry her burden and establish that the obligations are awards constituting alimony, maintenance or support. … The debtor introduced evidence, Exhibits 2 and 3, establishing an average monthly income of approximately $4,974.14 per month.

In Re Georgetown Steel Company, LLC

318 B.R. 340 · United States Bankruptcy Court, D. South Carolina · Sep 13, 2004

The Consent Orders were agreed upon, in part to facilitate the sale of Debt- or’s assets, in order to establish the amount of reclamation claims. … Section 546(c) "immunizes state-created rights of reclamation from certain of the trustee's avoiding powers, thereby helping to preserve and protect reclamation in bankruptcy ...." See David G.

Michelle Corbin Hillman

United States Bankruptcy Court, N.D. New York · Jun 2, 2023

Moreover, the Debtor’s counsel concedes that it is the Debtor’s burden to establish eligibility. (ECF No. 68, Hrg. at 11:13). … Whether A Nexus Is Required Between the Qualifying Commercial or Business Activity and the Qualifying Business Debt?

Christopher J. Sicotte and Amy P. Sicotte

United States Bankruptcy Court, D. Connecticut · Nov 20, 2019

Stat. § 52-352b(a) clearly and unambiguously lays out the categories of property a debtor may explicitly exempt: “[n]ecessary apparel, bedding, foodstuffs, household furniture and appliances.”2 A plain reading of the statute … In support of the claimed exemption, the Debtors also argue that “[a] firearm could qualify as household goods provided that the Debtors can establish that the [Firearm] was actually used in such a way as to facilitate

In Re Zamani

390 B.R. 680 · United States Bankruptcy Court, N.D. California · Apr 7, 2008

Some courts have relied on the contractual default rate of interest and have refused to perform a reasonableness analysis unless the default rate qualifies as usurious or unconscionable. … The record before me, as in Crystal Properties, fails to establish that, in August 2005, the bank clearly and unequivocally notified Zamani that it was exercising its right to accelerate the notes.