Case law

TransOhio Savings Bank v. Huntington National Bank (In re Cardinal Industries, Inc.)

126 B.R. 754 · United States Bankruptcy Court, S.D. Ohio · Mar 14, 1991

The court remanded the matter for determination of this issue, but clearly held that the district court would have “related to” jurisdiction if identification of the ownership interests in the funds would affect the treatment … The Court notes that TransOhio bears the burden of establishing this Court’s jurisdiction. In re Verrazano Holding Corp., 86 B.R. 755, 762 (Bankr.E.D.N.Y.1988) (citations omitted). .

Bryant v. Woodland (In Re Bryant)

103 B.R. 95 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 24, 1989

Mid-Penn may have been a second mortgage holder, but the evidence does not show this clearly. 3 . … The relationship of these two pages was not made clear at trial; it was not established that the pages were intended to be incorporated as one document. 7 .

Ransier v. Countrywide Home Loans, Inc. (In Re Seymour)

442 B.R. 652 · United States Bankruptcy Court, S.D. Ohio · Sep 27, 2010

However, “the Bankruptcy Code’s strong arm clause does not immunize a trustee who has constructive knowledge of a prior mortgage....” Zaptocky, 250 F.3d at 1027 (citation omitted). … It is well established that a mortgage must be properly executed for the recording to be effective. Ransier v. Standard Fed.

In Re Nationwise Automotive, Inc.

250 B.R. 900 · United States Bankruptcy Court, S.D. Ohio · Jul 13, 2000

An obligation qualifies as an “actual, necessary” administrative expense only if: (1) it arose from a transaction with the bankruptcy estate, and (2) it directly and substantially benefited the estate. … The law on this issue is clearly established.

Matter of Unimet Corp.

100 B.R. 881 · United States Bankruptcy Court, N.D. Ohio · May 26, 1989

Instead, Section 507(a)(4) clearly points to the requirement of an employer-employee relationship. Finally, Metropolitan asserts the court misconstrued the relationship between Section 507(a)(3) and 507(a)(4). … To avoid the horns of this dilemma, it is the practice to treat each successive decision as establishing the law of the case and depart from it only for convincing reasons.

In re EB Holdings II, Inc.

591 B.R. 10 · United States Bankruptcy Court, D. Nevada · Jul 6, 2018

Under Section 362(d)(1), "cause" may be established for the purpose of allowing litigation to go forward in another forum. … Clearly, nothing was "confirmed" as even GLAS previously represented that "the State Court stated that it would not be making any determinations as to any of the claims held by GLAS and the Non-Party Lenders."

In re Hotel Syracuse, Inc.

271 B.R. 443 · United States Bankruptcy Court, N.D. New York · Dec 6, 2001

Interstate Realty Co., 337 U.S. 535 , 69 S.Ct. 1235 , 93 L.Ed. 1524 (1949) held that a Tennessee corporation was barred from maintaining a diversity suit in Mississippi federal court where it was not qualified to do business … SIDA’s authority and powers are clearly broad.

EBCO Construction Group, LLC v. Garretson (In Re Garretson)

377 B.R. 214 · United States Bankruptcy Court, E.D. Arkansas · Oct 23, 2007

Because summary judgment was entered after Gar-retson failed to defend the lawsuit, the Missouri State Court judgment was not entered on the merits of the case and does not qualify for collateral estoppel. … Clearly, the issues necessary to prevail on a § 523(a)(4) claim (even if it were properly pled) were not at issue in the Missouri State Court ease, and therefore, collateral estoppel does not apply and summary judgment is

Redmond v. Lentz & Clark, P.A. (In Re Wagers)

340 B.R. 391 · United States Bankruptcy Court, D. Kansas · Feb 23, 2006

This statute clearly recognizes that debtors may set aside property that would otherwise be estate property to pay for postpe-tition services. … See In re Griffin, 313 B.R. 757 , 766 n. 7 (Bankr.N.D.Ill.2004) (pointing out that La-mie's holding clearly contravenes Bethea’s assertion of administrative priority).

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.

Bellows Falls Trust Co. v. Fike (In Re Fike)

31 B.R. 760 · United States Bankruptcy Court, D. Vermont · Jun 28, 1983

In addition the burden of proof is on the objecting creditor to establish that the debt comes within one of the exceptions to discharge. Kreitlein v. … They do not qualify as consumer debts as defined in § 101(7). As a result the Court under § 523(d) is precluded from, awarding a reasonable attorney’s fee to the debtor.

In Re Hoffpauir

258 B.R. 447 · United States Bankruptcy Court, D. Idaho · Jan 12, 2001

The amendments clearly raised the specter of possible bad faith. … No such intent clearly appears. To the Court, § 11-606 adequately manifests an intent to protect Idaho citizens who suffer catastrophic loss.

In Re DeThample

390 B.R. 716 · United States Bankruptcy Court, D. Kansas · Jul 24, 2008

current monthly income as defined by § 101(10A) because the definition of “disposable income” under § 1325(b)(2) incorporates the current monthly income concept. 12 Once *719 current monthly income and disposable income are established … espoused policy of § 522(b)(4) which fully exempts any qualified retirement fund from the bankruptcy estate, § 522(b)(3)(C) that exempts a 401 (k) fund for debtors claiming state law exemptions, § 522(d)(12) that exempts

Fuji Photo Film Co. v. Benun (In Re Benun)

386 B.R. 59 · United States Bankruptcy Court, D. New Jersey · Feb 29, 2008

Hence, this court opts for the 9.5% compliance figure (90.5% not qualifying) for all Jazz sales pre-August 21, 2001 as established in District Court I. … In this case, Benun clearly had notice [of the first sale in the United States requirement] ...

Iron Peddlers, Inc. v. Ivie & Associates, Inc. (In Re Ivie & Associates, Inc.)

84 B.R. 882 · United States Bankruptcy Court, N.D. Georgia · Mar 17, 1988

IPI argued that the consent order established that IPI held priority in and to the three scrapers and that the Bank was bound thereby. … Hooks is clearly distinguishable from Talcott as well as the instant case. The court in Hooks, in holding that the buyer took “possession” for purposes of O.C.G.A.

King v. Vermont Student Assistance Corp. (In Re King)

368 B.R. 358 · United States Bankruptcy Court, D. Vermont · May 11, 2007

fact had difficulty establishing relationships. … This appears to be a distinction without a difference, as the case law clearly requires additional, exceptional circumstances beyond garden-variety hardship in order to establish that the hardship is "undue.” 3 .

In Re Harwood

401 B.R. 782 · United States Bankruptcy Court, E.D. Texas · Jan 30, 2009

BANKR.P. 4003(c), the debtor-claimant must sustain an initial burden of production or going forward with the evidence to establish that the referenced property qualifies for the exemption claimed before the objecting party … Although in the face of an objection this Court believes that a debtor must sustain a minimal burden of going forward with the evidence to establish that the referenced property qualifies for the particular exemption claimed

In Re Neptune World Wide Moving, Inc.

99 B.R. 584 · United States Bankruptcy Court, S.D. New York · May 11, 1989

Clearly, these rights could not be conferred upon Schneider without the consent of the debtor to whom all moves must be reported by Schneider prior to the move taking place. … Although the Agency Agreement refers to Schneider as an “independent contractor” this language is qualified to the extent Schneider was permitted to act as an independent contractor only to the extent authorized by the agreement

iThrive Health, LLC v. Carranza

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.

American Home Mortgage Investment Corp. v. Lehman Bros. (In Re American Home Mortgage, Holdings, Inc.)

388 B.R. 69 · United States Bankruptcy Court, D. Delaware · May 23, 2008

Thus, in order to qualify as a “repurchase transaction,” the Subordinated Notes must qualify as mortgage loans, interests in mortgage related securities or interests in mortgage loans. 55 The Court’s analysis of these three … The Subordinated Notes were issued by Broadhollow and secured by mortgage loans owned by Broadhollow. 62 Clearly, the mortgage loans owned by Broadhollow would qualify as “mortgage loans” as the term is used in section 101