Case law

In Re Shurley

163 B.R. 286 · United States Bankruptcy Court, W.D. Texas · Oct 6, 1993

Clearly, the enactment of the Bankruptcy Code was pursuant to Congress’s power granted under the Bankruptcy Clause. … Although the Bankruptcy Clause gives Congress the power to establish uniform bankruptcy laws, it does not require Congress to establish uniform bankruptcy laws. Id.; Rhodes v.

Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities, LLC. et a

United States Bankruptcy Court, S.D. New York · Aug 17, 2022

The Defendant objects to the Court’s subject matter jurisdiction, arguing that it is immune from liability under the Foreign Sovereign Immunities Act (the “FSIA”). Mot. to Dismiss, ECF No. 118. … The Defendant is presumptively immune from the jurisdiction of this Court.

In Re Collins & Aikman Corp.

384 B.R. 751 · United States Bankruptcy Court, E.D. Michigan · Apr 1, 2008

Phillips’ 11 U.S.C. § 503 (b) Theory Section 507(a) grants priority to claims qualifying as administrative expenses un *759 der section 503(b). … Indeed, Phillips had stopped performing and Samul, C & A’s own employee, clearly recognized the need to assure Phillips of payment in order to induce Phillips’ continued performance.

In Re St. Stephen's 350 East 116th St.

313 B.R. 161 · United States Bankruptcy Court, S.D. New York · Aug 5, 2004

As noted above, the Court concluded differently. 11 However, I also held that M & T had yet to establish its reasonable costs and expenses incurred because of Mr. … Hancock clearly has not provided the kind of evidence necessary to establish that the Court’s rulings were obtained by fraud or misrepresentation. 3.

In Re Melbell Associates, Inc.

99 B.R. 31 · United States Bankruptcy Court, E.D. California · Mar 30, 1989

rate from April 29, 1988 to the date of payment. 1 The parties do not dispute the fact that because the Building was sold for an amount far in excess of Wells Fargo's claim under the note and deed of trust, Wells Fargo qualifies … The fact that the real property in the case at bar was sold before the confirmation of what was essentially a plan of liquidation clearly distinguishes this case from Entz-White where the debtor sought to retain the encumbered

Ocean Equity Group, Inc. v. Wooten (In Re Wooten)

423 B.R. 108 · United States Bankruptcy Court, E.D. Virginia · Jan 5, 2010

Such a conversion qualifies as willful and malicious for purposes of § 523(a)(6).”), and Call Fed. Credit Union v. Sweeney (In re Sweeney), 264 B.R. 866, 872 (Bankr. … By failing to remit the proceeds in conformity with the Security Agreement, the Plaintiff clearly sustained an economic injury resulting from the Debtor’s behavior.

Hofmann v. Damarc Quality Inspection Servs., LLC (In re Mountain W. Indus., LLC)

592 B.R. 871 · United States Bankruptcy Court, D. Utah · Sep 26, 2018

Clearly if the Non-Compliant Nozzles had caused injury to the general public, both the Debtor and Damarc would be dealing with a different set of issues. … This relatively small pool of qualifying entities cannot reasonably be considered the "general public."

Jordan v. Kroneberger (In Re Jordan)

392 B.R. 428 · United States Bankruptcy Court, D. Idaho · Jul 1, 2008

At a value of $4,000,000.00, there clearly is no equity for the Debtors as such value is less than the face amount of the note and deed of trust. 38 2. … If that element is established by a preponderance of the evidence, then Plaintiffs must next establish one of the conditions set forth in § 548(a)( 1)(B)(ii)(I) through (IV). 25 .

Mitchell v. Transamerica Commercial Finance Corp. (In Re Doughty's Appliance, Inc.)

236 B.R. 407 · United States Bankruptcy Court, D. Oregon · Jul 22, 1999

The disputes in this ease focus on whether the concerned customers of Doughty’s qualify as buyers in the ordinary course of business. b. Buyer in the Ordinary Course. … Based on that premise, Transamerica and Amana further argue that the Doughty’s customers concerned in this proceeding either have not established or cannot establish that the requirements of § 2-502 have been met to allow

In Re Waldron

65 B.R. 169 · United States Bankruptcy Court, N.D. Texas · Sep 17, 1986

Hence, under the Countryman definition of executory contract, a land sale contract is clearly an executory contract. … Bryson completed performance under a land sale contract and then tried to establish her “equitable title” to the property involved.

In re Harkins

491 B.R. 518 · United States Bankruptcy Court, S.D. Ohio · May 1, 2013

Certainly, expenses in the categories already addressed in the National and Local Standards cannot qualify as ‘other’ necessary expenses. … Coming back to the 707(b)(2) means test in Chapter 7, we saw that it did not clearly allow for the deduction of business expenses.”

Matter of Timberline Property Development, Inc.

115 B.R. 787 · United States Bankruptcy Court, D. New Jersey · Jun 14, 1990

There is no specific provision for the establishment of a lien. The agreement is signed by several officers of Weichert and by I. Allen Rumberg as president of the debtor. In addition, Ellen Rum-berg, wife of I. … Clearly, the requirement of court approval of the contract adds an element which did not exist prior to the filing of the petition. There is no requirement that a third party approve a normal contract.

Holmes v. Deutsche Bank National Trust Co. (In Re Holmes)

403 B.R. 634 · United States Bankruptcy Court, D. Minnesota · Mar 13, 2009

The record does not establish the specific date of this first contact. … Julie Holmes clearly contemplated that at the time. 4 . Mitchell Peterson's supervisor at Ameri-quest was one Jason Peterson.

In Re Yagow

62 B.R. 73 · United States Bankruptcy Court, D. North Dakota · Jan 10, 1986

Both rales are qualified, or rejected when their application would contravene an overriding public policy or result in manifest injustice”. Westwood Chemical Co., Inc. v. Kulick, 656 F.2d at 1229 (quoting Tipler v. … Clearly, Article 9 transactions are subject to Chapter 35-05 and 35-05 controls. Production Credit Ass’n of Minot v. Melland, 278 N.W.2d 780, 787 (N.D.1979).

Mazloom v. Navient Solutions, Inc.

United States Bankruptcy Court, N.D. New York · Jan 26, 2023

Section 221(d)(1) in turn defines a ‘qualified education loan’ as “any indebtedness incurred by the taxpayer solely to pay qualified higher education expenses.” 26 U.S.C. § 221(d)(1). … Put more succinctly, the Court must determine if either party has established whether the Private Student Loan was incurred to pay a qualified education expense.

Voss v. Tompkins (In Re Tompkins)

290 B.R. 194 · United States Bankruptcy Court, W.D. New York · Feb 12, 2003

While employed with Amsterdam, she at one time took an evening job as a barmaid in a high-end establishment, and on occasion the Debt- or would come to the establishment and sit and drink for hours; *198 13. … In addition, it would be inappropriate for this Court to infer too much from either the Amsterdam-Borushek settlement or the allegations by Voss about a pattern of behavior, which are clearly hearsay.

Litzler v. Sholdra (In Re Sholdra)

270 B.R. 64 · United States Bankruptcy Court, N.D. Texas · Oct 26, 2001

Congress clearly intended by the term “earnings” something broader than salary or wages. … The Court of Appeals in Carter noted that, whatever the definition encompassed, it was “at least clear that a primary criterion [to qualify as earnings] is that the payments must be for ‘personal services performed.’ ” 182

Irving H. Picard, Trustee for the Liquidation of B v. The Public Institution For Social Security

United States Bankruptcy Court, S.D. New York · Aug 17, 2022

The Defendant objects to the Court’s subject matter jurisdiction, arguing that it is immune from liability under the Foreign Sovereign Immunities Act (the “FSIA”). Mot. to Dismiss, ECF No. 118. … The Defendant is presumptively immune from the jurisdiction of this Court.

Morrison v. Office of the U.S. Trustee (In Re Morrison)

375 B.R. 179 · United States Bankruptcy Court, W.D. Pennsylvania · Sep 26, 2007

Civ.P. 60(b)(1) since the debtor’s application to establish cure amounts failed, among other things, to reference the creditor’s claim or indicate the effect of the application on the claim and therefore, due process, i.e … First of all, the creditor’s matrix does not qualify as a “pleading” for purposes of Rule 10(c). Fed.R.

American Eagle Bank v. Friedman (In re Friedman)

543 B.R. 833 · United States Bankruptcy Court, N.D. Illinois · Dec 29, 2015

Rather, the opinion noted that the United States Attorney’s office had denied a grant of immunity. This, it was reasoned, might support the debtor’s belief that he is under investigation. … The Debtor’s wife, therefore) is clearly considered to be an insider under the Bankruptcy Code.