Case law

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

Lopez v. First Judicial District (In re Lopez)

531 B.R. 554 · United States Bankruptcy Court, E.D. Pennsylvania · May 18, 2015

Moreover, the Kelly Court clearly did what it did “in light of the history of bankruptcy court deference to criminal judgments,” id. at 44 , 107 S.Ct. 353 , and to avoid “federal remission of judgments imposed by state criminal … To the contrary, the record establishes that the fees here were not, in fact, a part of the Sentencing Order.

Nicholas v. Oren (In Re Nicholas)

457 B.R. 202 · United States Bankruptcy Court, E.D. New York · Aug 3, 2011

Accordingly, the September 1, 2009 Order fixing Oren’s claim was clearly a final order. … The intent with which the statement is made is irrelevant, *222 as the absolute privilege defense “confers immunity from liability regardless of motive.”

United States v. Jones (In Re Jones)

311 B.R. 647 · United States Bankruptcy Court, M.D. Georgia · Apr 23, 2004

“The term ‘actual pecuniary loss’ clearly connotes measurable damages from particular instances of wrongdoing.... … The circuit court stated in part: Although Bankruptcy Code § 523(a)(7) applies to both civil and criminal penalties, in order to qualify for a dischargeability exception under subsections 523(a)(7), normally the particular

Longo v. McLaren (In Re McLaren)

136 B.R. 705 · United States Bankruptcy Court, N.D. Ohio · Jan 24, 1992

Plaintiff has not established that he is entitled to interest and his request for interest is denied. Plaintiff’s request for punitive damages is discussed subsequently. … Under all the circumstances, the Court holds that plaintiff has failed to establish grounds to revoke Debtor’s discharge.

Kelleher v. National Asset Loan Management, Ltd. (In re Shelbourne North Water Street L.P.)

550 B.R. 391 · United States Bankruptcy Court, N.D. Illinois · Apr 28, 2016

They argued that the court lacked subject matter jurisdiction over NALM based on the Sovereign Immunities Act. … The NALM Parties have met their burden of establishing that Kelleher’s complaint violated Rule 9011.

In Re Chemtura Corporation

443 B.R. 601 · United States Bankruptcy Court, S.D. New York · Jan 13, 2011

When they acknowledged that, the Debtors did not flesh out what they meant by that, or what kinds of past payments they would agree then qualify. … Plainly, however, I will not find on motion (and in the absence of an evi-dentiary hearing) that sums already paid by claimants in this case to such trusts or funds fail to qualify as sums paid in the past.

iThrive Health, LLC

United States Bankruptcy Court, D. Maryland · Jun 8, 2020

Debtor states it qualifies to receive approximately $418,000 in PPP funds. … Section 1106 of the CARES Act provides for forgiveness of qualifying loans guaranteed under the PPP. Id.

In re GT Advanced Technologies, Inc.

547 B.R. 3 · United States Bankruptcy Court, D. New Hampshire · Mar 1, 2016

Third, the Debtors argue that the lost profits claim does not qualify as an administrative expense under the “exception” for claims that arise from a debtor’s postpetition tortious activity or violations of the law. … Here, TXT’s claims based on GTAT Ltd.’s alleged failure to provide appropriate licenses, software, service, or support all stem from its prepetition contractual relationship with GTAT Ltd. and accordingly do not qualify for

In Re GOCO Realty Fund I

151 B.R. 241 · United States Bankruptcy Court, N.D. California · Feb 22, 1993

Code § 2938 addresses only the perfection step, although it clearly contemplates a separate enforcement step. … The United States Supreme Court has exhaustively reviewed the historical bases for well-established rights, such as the right to jury trial, the doctrine of sovereign immunity, and the guarantee against double jeopardy, in

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.”

In Re Hayes

168 B.R. 717 · United States Bankruptcy Court, D. Kansas · Jun 9, 1994

Hayes was named the “annuitant,” rather than a “beneficiary” under the structured settlement, the annuity was clearly purchased for his exclusive benefit. … His interest in the payments is the.one being considered as immune from the prepet-ition claims of his creditors and excludable from the bankruptcy estate under the Kansas statute, even though he holds no ownership interest

Harder v. Columbia Glass & Mirror, Inc. (In Re Graff)

454 B.R. 745 · United States Bankruptcy Court, W.D. Missouri · Jul 8, 2011

While the Trustee established a prima facie case of receipt of preferential transfers, the Court determines that the Defendants have established that the transfers were made in the ordinary course of business, and rejects … The debtor in that case was a “Qualified Intermediary” for “like-kind exchanges.”

In Re Geiger

137 B.R. 586 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 4, 1992

It is perhaps pertinent to note, at this juncture, that it was established, in In re Johnson-Allen, 871 F.2d 421 , 423, 428 (3d Cir.1989), aff'd sub nom. … Nordic Village, Inc., ___ U.S. ___, 112 S.Ct. 1011 , 117 L.Ed.2d 181 (1992) ( 11 U.S.C. § 106 (c) does not waive federal immunity).

Big v Supermarkets, Inc. v. Wakefern Food Corp. (In Re Big v Holding Corp.)

267 B.R. 71 · United States Bankruptcy Court, D. Delaware · Sep 14, 2001

If the member sells to a qualified successor the purchase volume remains within Wakefern. 2.4. Qualified Successor. … Sho-pRite’s private label penetration and performance is clearly superior compared to the industry average of 16%.

In Re Public Service Co. of New Hampshire

88 B.R. 521 · United States Bankruptcy Court, D. New Hampshire · Jun 22, 1988

The debtor has also assured the court that all qualified negotiating parties will have full access to that computerized information. … Those complexities seem to me to require some sort of data bank accessible to all qualified parties in the negotiating process.

Wilson v. United States (In Re WILSON)

394 B.R. 531 · United States Bankruptcy Court, D. Colorado · Jul 30, 2008

Chisum, 502 F.3d 1237, 1244 (10th Cir.2007) (Certificates of Assessment are sufficient to establish the propriety of tax assessments in the absence of conflicting evidence). … Since the statute uses the disjunctive, a tax penalty that does not qualify for discharge under one of the two aforementioned circumstances may still qualify under the other. Burns v.