Case law

In Re Ionosphere Clubs, Inc.

101 B.R. 844 · United States Bankruptcy Court, S.D. New York · Jul 6, 1989

Therefore, the need for a “Legal Representative” in the case sub judice for these known claimants is clearly less compelling than in Manville. … This is clearly not in compliance with the goals of Agency, nor is it in compliance with Bankruptcy Rule 2019.

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.

Barvié v. Broadus (In re Broadus)

516 B.R. 378 · United States Bankruptcy Court, S.D. Mississippi · Aug 26, 2014

Broadus testified that he was informed by a local banker that he would need 12-24 months of profit and asset history to qualify for a loan. … Barvié failed to adduce any evidence at trial establishing the elements of either larceny or embezzlement.

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.

In Re Wilhelm

173 B.R. 398 · United States Bankruptcy Court, E.D. Wisconsin · Sep 2, 1994

When the corporation was established, a separate bank account was opened for farm income and expenses. … The court finds, however, that the farming/horse breeding activity, as a whole, qualifies as an activity engaged in for profit.

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 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

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.

Deangelis v. Rose (In Re Rose)

425 B.R. 145 · United States Bankruptcy Court, M.D. Pennsylvania · Mar 12, 2010

While I believe this analogy is strained, I am concerned that the UST has failed to provide any bright line between a debtor who transfers balances among credit cards or incurs cash advances — which would clearly not be a … The trial record established that there was no reasonable likelihood of repayment.

Meridian Bank v. Bell Fuel Corp. (In Re Bell Fuel Corp.)

97 B.R. 193 · United States Bankruptcy Court, E.D. Pennsylvania · May 4, 1989

One responsive argument made by the Committee is that the passage quoted from the Loan Agreement is ambiguous, and that the term “general intangibles” may be read as qualified by the phrase “relating to any of the foregoing … As the Committee points out, the Bank could have perhaps established a superior right to the funds by having itself named loss payee on the policy in issue.

Miller v. Jeffries (In re Jeffries)

541 B.R. 317 · United States Bankruptcy Court, M.D. North Carolina · Nov 19, 2015

A false statement or omission in a debtor’s schedules or statement of financial affairs qualifies as a false oath. Nationsbank, N.A. v. … Cir.1987) (finding that false statements and omissions in fil *325 ing the debtor’s statement of financial affairs qualifies as an oath).

In Re CCT Communications, Inc.

420 B.R. 160 · United States Bankruptcy Court, S.D. New York · Nov 25, 2009

CCT clearly fell within the definition of a small business debtor, and Vla-hos should have checked the other box. … CCT is now taking a position that it is not a small business debtor, and this is clearly inconsistent with its earlier position.

Kempf v. Internal Revenue Service (In Re American Way Food Service Corp.)

48 B.R. 79 · United States Bankruptcy Court, W.D. Michigan · Mar 7, 1985

Thomson, 15 How. [281] 299 [ 14 L.Ed. 696 ], ‘that, whenever the rights or the situation of parties are clearly defined and established by law, equity has no power to change or unsettle those rights or that situation, but … Neither the Commission nor any of its employees could change the rights and duties established by that Code.

In Re Hess

456 B.R. 309 · United States Bankruptcy Court, E.D. Michigan · Aug 23, 2011

Laws. § 490.64, which states: Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, when a party to a multiple-party account is indebted to a credit union, the credit union … In direct contrast, and unlike the “Membership and Ownership Acknowledgment” section of the Application, the “Checking Account Acknowledgment” section clearly expresses the Debtor’s mother’s intention.

Brumbaugh v. United States (In Re Brumbaugh)

267 B.R. 800 · United States Bankruptcy Court, S.D. Ohio · Aug 27, 2001

For purposes of establishing my status; and to establish the burden of proof of such status: *804 I deny that there is a law that made me formerly or makes me currently a taxpayer regarding income taxes; And I declare that … Section 523(a)(1)(C) precedent thus clearly establishes that a debtor’s failure to file tax returns and pay taxes — without any other affirmative act of evasion — can meet the conduct requirement of § 523(a)(1)(C) and support

Stewart v. Hampton Co. National Surety, LLC (In re Stewart)

544 B.R. 859 · United States Bankruptcy Court, N.D. Mississippi · Nov 17, 2015

Throughout these opinions, the Fifth Circuit has established a strong policy against enjoining criminal prosecution. … Though Fussell dealt with a peripheral issue to the one before this Court, the principles established therein are helpful.

Matter of Dixon

79 B.R. 702 · United States Bankruptcy Court, N.D. Ohio · Nov 10, 1987

Therefore, the initial question is whether the Debtor qualifies for an exemption under subsection (b). That subsection delineates the exemptions to which the Debtors are entitled. … As In re James, 75 B.R. 124 (Bankr.S.D.Ohio 1987) revealed, impairment of a homestead exemption is established when the sum of the total mortgage indebtedness, plus the homestead exemption, equals or exceeds the value of

Leonard v. Mountainwest Financial Corp. (In Re Whaley)

229 B.R. 767 · United States Bankruptcy Court, D. Minnesota · Jan 29, 1999

This, it argues, entitles it to the shelter from liability given to a qualifying “immediate or mediate transferee” under the statute. II. Discussion A. … LaRoue’s evidence clearly and convincingly establishes their understanding as to the ownership of all funds placed into the TCF account: once deposited, funds came under the potential control of the other account holder;

Barry v. Santander Bank, N.A. (In re Liberty State Benefits of Delaware, Inc.)

541 B.R. 219 · United States Bankruptcy Court, D. Delaware · Oct 26, 2015

Had Santander done its required due diligence, it would have discovered that Chalmers was not qualified to serve as trustee under the terms of the formal trust agreement. 7 Id. … With respect to the other three transactions, the Court concludes that the Trustee’s claims are immune from the in pari delicto defense under the adverse interest exception.

McCallum v. Pixley (In Re McCallum)

456 B.R. 770 · United States Bankruptcy Court, E.D. Michigan · Oct 18, 2011

Thus, the Cooper case clearly held that “reasonable” reliance is necessary for fraud. … So establishing that reliance was reasonable, as Michigan law requires for fraud, necessarily also establishes that such reliance was “justifiable” as required under § 523(a)(2)(A).