Case law

In Re Sullivan County Regional Refuse Disposal District

165 B.R. 60 · United States Bankruptcy Court, D. New Hampshire · Feb 24, 1994

ENTITY ENTITLED TO FILE ( 11 U.S.C. § 109 (c)) Only certain entities qualify as debtors under Chapter 9. … To qualify for Chapter 9 protection, the debtor must affirmatively establish it meets each of the requirements of 11 U.S.C. § 109 (c) which provides: An entity may be a debtor under chapter 9 of this title if and only if

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.

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.

Inskeep v. Grosso (In Re Financial Partners, Ltd.)

116 B.R. 629 · United States Bankruptcy Court, N.D. Illinois · Jul 26, 1990

The facts of this case are clearly set forth in the Memorandum Opinion dated October 31, 1989, and need not be repeated here. … Id. 1 *641 Financial clearly satisfies both conditions of the definition of futures commission merchant as set forth by the Ninth Circuit in Co Petro.

In Re Owen

221 B.R. 56 · United States Bankruptcy Court, N.D. New York · Apr 13, 1998

New York clearly has an interest in the transaction and, therefore, the Court will apply the law of New York to determine the true nature of the Agreement. … Inc., 143 A.D.2d 788 , 533 N.Y.S.2d 336, 337 (1988)), the first paragraph of the amended statute qualifies this by setting out a bright line test whereby, as a matter of law, a transaction creates a security interest.

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 Adi Liquidation, Inc.

555 B.R. 423 · United States Bankruptcy Court, D. Delaware · Jul 26, 2016

The only remedy — a separate grounds for termination of the contract — is clearly spelled out. Fairway’s repeated invocation of a provision that clearly does not apply has no effect upon the analysis. 2. … Note the underlined text herein is meant to qualify the representation made in my previous Declaration submitted in support of Fairway’s response to the objection filed by the Debtors to its proof of claim [D.I. 2435], to

In Re Ludlow Hospital Society, Inc.

216 B.R. 312 · United States Bankruptcy Court, D. Massachusetts · Dec 30, 1997

Moreover, the Court determines it reasonable to find, as Daley avers, that a shortage of qualified workers limits the public’s access to health care services and increases the costs to the Commonwealth to fund public health … The court determined that the assessments imposed on the walnut producers to defray the costs of operating the commission *323 clearly served a private purpose.

In Re Brown

75 B.R. 1009 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 6, 1987

In these circumstances, I agree that Meritor has established “cause” for granting relief from the automatic stay pursuant to 11 U.S.C. § 362 (d)(1). Rouse, 48 B.R. at 241 . An appropriate order will be entered. 1 . … The analysis of Pennsylvania law in Rouse must be qualified in one significant respect.

Durgin v. Durgin (In re Durgin)

176 B.R. 936 · United States Bankruptcy Court, D. Kansas · Jan 31, 1995

That neither California nor Kansas qualifies for “home state status” under the provisions of the Uniform Child Custody Jurisdiction Act, Civil Code Section 5150, et seq. 3. … The Court finds that the child support and spousal support awarded by the California court is clearly in the nature of support and nondischargeable.

Ozburn Ex Rel. Estate of Ozburn v. Moore (In Re Moore)

277 B.R. 141 · United States Bankruptcy Court, M.D. Georgia · Apr 16, 2002

The phrase “while acting in a fiduciary capacity” clearly qualifies the words “fraud or defalcation” and not “embezzlement” or “larceny”; the implication is that the discharge exception applies even when the embezzlement … Malice can be established by a finding of implied or constructive malice. Special malice, a specific intent to harm another, need not be proven.

American Savings & Loan Ass'n v. Gill (In Re North County Place, Ltd.)

92 B.R. 437 · United States Bankruptcy Court, C.D. California · Oct 17, 1988

In this case the trustee claims that he qualifies for an exception to the foregoing rules. A. … The Court also finds that approximately a quarter of his time was spent on matters that do not qualify for surcharge.

In Re Hyde

334 B.R. 506 · United States Bankruptcy Court, D. Massachusetts · Sep 26, 2005

This provision essentially “immunizes” exempt property against any liability for prepetition debts. Otiien, 500 U.S., at 307 , 111 S.Ct., at 1835 . This immunization continues even after the bankruptcy case is closed. … The question remains, however, as to the effect of the Debtor’s voluntary conveyance of his Property, because clearly the conveyance of his Property had the effect of terminating the homestead. 8 This Court need not decide

In re Dewey & LeBoeuf LLP

478 B.R. 627 · United States Bankruptcy Court, S.D. New York · Oct 9, 2012

The Debtor argues that the computation of its unfunded benefit liabilities requires a complex calculation that necessitates actuarial experts qualified to apply mortality tables, discount rates, and valuations teeh-ñiques … However, the evidence establishes that Mitchell, Pauker and Togut acted independently and in the best interests of the estate in negotiating the PCPs.

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 Sallings

357 B.R. 646 · United States Bankruptcy Court, N.D. Alabama · Feb 6, 2007

Debtor cites the case of In re Coxson, 43 F.3d 189 (5th Cir. 1995), in which the Fifth Circuit held that although § 1640(e) creates a one-year limitations period, it does not establish a limitations period, when violation … The court explained: To qualify as recoupment a cause of action must be asserted defensively. Under the facts of this case, Smith's cause of action is not asserted as a defense.

In Re Doctors Health, Inc.

238 B.R. 594 · United States Bankruptcy Court, D. Maryland · Aug 31, 1999

But in the circumstances of this case, the reserve was clearly intended to be held for the benefit of external providers. … Clearly § 19-713.2 is intended to give an added protection to external providers beyond that which already exists under § 19 — 712(b)(l)(ii).

Bauer v. Credit Central LLC

United States Bankruptcy Court, D. South Carolina · Jun 8, 2020

Defendants’ view is that Congress established a liberal federal policy favoring arbitration and that the FAA is to be robustly followed. … Defendants rely on the heavy burden that Plaintiff has in showing a clearly expressed congressional intention to displace the FAA with the Bankruptcy Code.

In Re Ochmanek

266 B.R. 114 · United States Bankruptcy Court, N.D. Ohio · Oct 4, 2000

In addition, with regards to the latter requirement, it is well established that the property described in the pleadings must be at the very essence of the controversy between the litigants. *122 Katz v. … Neighbor's lien qualifies as a judicial lien for purposes of §§ 522(0 and 101(36). It should also be noted that § 522(0 only permits a lien to be avoided “to the extent” that it impairs the debtor's exemption.

In re Gillenwater

479 B.R. 711 · United States Bankruptcy Court, W.D. Virginia · Sep 18, 2012

Neither is the first test satisfied because, although the Debtors certainly did not conceal the transfers, equally clearly they were voluntary payments. … Owen, 500 U.S. 305, 308 , 111 S.Ct. 1833 , 114 L.Ed.2d 350 (1991) (“No property can be exempted (and thereby immunized), however, unless it first falls within the bankruptcy estate.