Case law

Mega Enterprises, Inc. v. Lahiri (In Re Lahiri)

225 B.R. 582 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 14, 1998

However, it clearly established that it is owed in excess of $80,000 for unpaid steel products and Weiss established that, to repay his suppliers, he and his wife borrowed funds from relatives and from a lender who took a … Assuming, for purposes of argument, that Debtor’s issuance of “NSF” checks qualifies as malicious behavior, there is no indication that he acted willfully; i.e., with intent to cause harm to Plaintiffs.

In Re WorldCom, Inc.

311 B.R. 151 · United States Bankruptcy Court, S.D. New York · Jun 30, 2004

January 23, 2003 was the Bar Date established by the Court for these cases. … There is no basis for the standing issue: the States were clearly creditors and had actively participated in these cases.

In Re Gonch

435 B.R. 857 · United States Bankruptcy Court, N.D. New York · Aug 9, 2010

The court turns to the evidence offered by the parties to establish the value of the Vehicle. GMAC called Falco who testified, based on book values in Cassidy’s report, that the Vehicle should be valued at $16,287.50. … Clearly, these two are not equivalent and Midwest’s reliance on the KBB retail value is misplaced. Id. at 797 (emphasis added) (footnote omitted). GMAC’s reliance on the NADA clean retail value is similarly misplaced.

Marlow v. Federal Compress & Warehouse Co. (In Re Julien Co.)

157 B.R. 834 · United States Bankruptcy Court, W.D. Tennessee · Aug 19, 1993

Although there may be no documented proof of written or oral notice of extension of the seven day payment period, the parties’ payment history and the consensus of the experts who testified in this matter clearly establish … The implication of course is that the debtor was not sufficiently creditworthy to qualify as a “big boy” and thus, these later payments by the debt- or were not ordinary pursuant to industry standards.

United States v. Towe (In Re Towe)

147 B.R. 545 · United States Bankruptcy Court, D. Montana · Sep 4, 1992

Such would be clearly at odds with the rationale in Gro-gan. Lawler, 141 B.R. at 429 (citing In re First Nat’l. Bank of Gordon, 938 F.2d 1156 , 1157 (10th Cir.1991). … Towe was required by federal law to hold 10 shares of “director qualifying shares” in the bank in his own right. Although Mr.

Ellis v. Mirghanbari (In re Pittman)

540 B.R. 451 · United States Bankruptcy Court, W.D. Washington · Sep 4, 2015

“Clearly, the legislature’s choice of different language” in RCW 30A.22.090(1) and (2) “indicates a different legislative intent.” Conover, 355 P.3d at 1097 . … In addition, RCW 30A.22.020(2) specifically provides that one of the purposes of the Deposit Act is to “qualify and simplify the law concerning the respective ownership interests of individuals to funds held on deposit by

Loretta Christine Nascene and Scott Robert Nascene

United States Bankruptcy Court, D. Minnesota · Oct 8, 2020

The burden of establishing that funds are exempt rests upon the debtor. As used in this section, the term “financial institution” includes credit unions. … indeed, qualify under the statute’s requirements as exempt “disposable earnings.”

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.

Freehling v. Nielson (In Re F & C Services, Inc.)

44 B.R. 863 · United States Bankruptcy Court, S.D. Florida. · Dec 6, 1984

Under these circumstances, an actual intent to defraud the creditors is established as a matter of law. … Nielson has attempted to immunize these assets from the reach of the creditors herein.

Robinson v. Steward

529 B.R. 903 · United States Bankruptcy Court, E.D. Missouri · Mar 31, 2015

The district court dismissed the case based on judicial immunity on September 12, 2014. … The bankruptcy court clearly states and explains in its order that the monetary sanctions it imposed were civil in nature.

Bowers-Siemon Chemicals Co. v. H.L. Blachford, Ltd. (In Re Bowers-Siemon Chemicals Co.)

139 B.R. 436 · United States Bankruptcy Court, N.D. Illinois · Apr 30, 1992

As such BSCC clearly had an interest in the funds. No legal restrictions were placed on BSCC’s use of the money, Blachford paid the money to Cook who deposited it into BSCC’s account. … The only consideration in this transaction which qualifies as new value under § 547(a)(2) is the stock and that was not “given to the debtor.”

In Re CK Liquidation Corp.

339 B.R. 283 · United States Bankruptcy Court, D. Massachusetts · Mar 20, 2006

White did not disclose in his objection that he was trying to establish an investment group so that he could bid to purchase the assets himself. 1 On September 12, 2003, this Court issued an order establishing the bidding … DISCUSSION The Bankruptcy Appellate Panel for the First Circuit has recently held that a qualified debtor’s appellate filing fees may be waived pursuant to 28 U.S.C. § 1915 . 19 See Heghmann v. Indorf, et al.

Szostek v. Texas State Comptroller of Public Accounts (In Re Szostek)

429 B.R. 552 · United States Bankruptcy Court, W.D. Texas · Mar 29, 2010

Thus, a tax liability, to be non-dischargeable under section 523(a)(1) must first qualify for priority under § 507(a)(8). … The Debtors have already acknowledged that, if the taxes were collected but not remitted, they would qualify under § 507(a)(8).

Braunstein v. Lowenstein (In Re Lowenstein)

312 B.R. 6 · United States Bankruptcy Court, D. Massachusetts · Jul 12, 2004

At some point in time, property transfers must be immune form attack, and not even the Trustee in this case advocates the extreme position that the judgments free him from any time limits on fraudulent conveyance claim. … Goldstein (In re Goldstein), 194 B.R. 1, 2-3 (Bankr.D.Mass.1996), stated that “[u]nder § 544(b), the Trustee bears the burden of proving the existence of a qualified unsecured creditor: a creditor holding an allowable unsecured

In Re Cannon

93 B.R. 746 · United States Bankruptcy Court, N.D. Florida · Oct 26, 1988

The Bankruptcy Code clearly permits a Chapter 12 debtor to make payments directly to secured creditors. … A balance must be struck, within the parameters of §§ 326 and 330 of the Bankruptcy Code, between the need to adequately compensate, and thus retain, qualified trustees and the Court's responsibility to see that the rehabilitative

In Re Day

208 B.R. 358 · United States Bankruptcy Court, E.D. Pennsylvania · May 15, 1997

A post-trial briefing schedule was established and, after several extensions, was completed on May 7,1997. … These provisions in and of themselves establish an express warranty of habitability binding on the CHA.

In Re Capital Center Equities

144 B.R. 262 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 2, 1992

Hence, the Debtor is clearly properly characterized as a “sole proprietorship owned and operated by individuals or families.” Id. at 1068. … The Plan clearly fails to meet this requirement.

Ion Media Networks, Inc. v. Cyrus Select Opportunities Master Fund, Ltd. (In Re Ion Media Networks, Inc.)

419 B.R. 585 · United States Bankruptcy Court, S.D. New York · Nov 24, 2009

Cyrus submits that the licenses are properly immune from being legitimately encumbered due to their special character as a federally sanctioned and regulated right to use the airwaves in the public interest. … Other courts that have confronted this issue have validated the grant of qualified rights in FCC Licenses. See Urban Communicators PCS Ltd. P'ship v.

Herrera v. Scott (In re Scott)

588 B.R. 122 · United States Bankruptcy Court, D. Idaho · Jun 19, 2018

"on information and belief" about the square footage of the Herrera's old and new homes, but does not provide any evidence to support her assertions, nor does she explain how she obtained this information or why she is qualified … Often times, as discussed below, this finding of likelihood of financial harm is accompanied by other findings in the record that clearly demonstrate malice.

In Re Rally Partners, L.P.

306 B.R. 165 · United States Bankruptcy Court, E.D. Texas · Sep 30, 2003

A proof of claim, however, does not qualify for that prima facie evidentiary effect if it is not executed and filed in accordance with the Bankruptcy Rules. See First Nat'l Bank of Fayetteville v. Circle J. … by the Waterfield court — that the Court "will not permit the enforcement of contractual penalty provisions ... for 'breaches’ resulting solely from delays in Chapter 13 administration,” id. at 505 (emphasis added) — -is clearly