Case law

In Re Constitutional Trust No. 2-562

114 B.R. 627 · United States Bankruptcy Court, D. Minnesota · May 18, 1990

Since the debt- or is clearly not an individual or a partnership, to be a person the debtor must be a corporation. … In Moog , the Eleventh Circuit allowed a consumer debtor relief under chapter 11, since she did not qualify for chapter 13 relief and chapter 7 relief meant losing her home.

Placer U.S., Inc. v. Dahlstrom (In Re Dahlstrom)

129 B.R. 240 · United States Bankruptcy Court, D. Utah · Jul 3, 1991

to the extent the phrase ‘right to payment’ is modified in the statute, the modifying language (‘whether or not such right is ...’) reflects Congress’ broad rather than restrictive view of the class of obligations that qualify … Following this analysis, the court concludes that punitive damages are clearly “debts” within the meaning of § 101(12). See discussion supra at pp. 241-43.

In Re E-Z Serve Convenience Stores, Inc.

289 B.R. 45 · United States Bankruptcy Court, M.D. North Carolina · Feb 24, 2003

Farmland Industries held that to approve the sale as requested by the debtor without notice and without an opportunity to match the bid would violate the principles established in Food Bam. … The Fourth Circuit has clearly recognized the right of a non-debtor party to receive the full benefit of his or her bargain.

Moratzka v. Morris (In Re Senior Cottages of America, LLC)

320 B.R. 895 · United States Bankruptcy Court, D. Minnesota · Feb 18, 2005

It is greatly qualified by *900 two corollaries, also longstanding in Eighth Circuit bankruptcy jurisprudence. … The Plaintiffs skeletal, unverified references to hearsay do not qualify. E.g., Mays v. Rhodes, 255 F.3d 644 , 648 (8th Cir.2001); Duluth News-Tribune v. Mesabi Publ.

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.

Lehman Bros. Special Financing Inc. v. Bank of America National Ass'n (In re Lehman Bros. Holdings Inc.)

535 B.R. 608 · United States Bankruptcy Court, S.D. New York · Aug 24, 2015

The third Beech factor — failure to observe corporate formalities — is clearly not met. … See Amaranth, 587 F.Supp.2d at 537 (“Within the United States, the defendant has never commenced any suit, registered an office, been qualified or licensed to do business, paid or been required to pay taxes, employed any

In Re Citi-Toledo Partners II

254 B.R. 155 · United States Bankruptcy Court, N.D. Ohio · Apr 11, 2000

As such a determination clearly concerns the administration of the debtor’s bankruptcy estate, this matter is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(A). … Vaughan be given the opportunity to establish her entitlement to such fees under the requirements expounded in § 330(a). In this regard, Ms.

In re Lane

82 B.R. 544 · United States Bankruptcy Court, D. Hawaii · Jan 19, 1988

Thus, two qualified expert appraisers, using the same method of appraisal, may arrive at extreme ends in appraising the same parcel of land. … The California Code clearly stated that the use of the comparable sales which occurred after the appraisal date was discretionary.

Geron v. Holding Capital Group, Inc. (In re PBS Foods, LLC)

549 B.R. 586 · United States Bankruptcy Court, S.D. New York · Apr 8, 2016

After the Petition Date, the Trustee qualified and is currently serving as chapter 7 trustee of the Debtor’s estate. … “The Trustee’s comments were clearly referring to Defendants, as they were made at the hearing on the [Rule] 9019 Motion.

Tronox Inc. v. Anadarko Petroleum Corp. (In Re Tronox Inc.)

429 B.R. 73 · United States Bankruptcy Court, S.D. New York · Mar 31, 2010

By 1998, Old Kerr-McGee executives began exploring transactions through which they could attempt to ring-fence the Legacy Obligations and immunize the oil and gas properties. … Qualifying Transfers or Obligations Defendants first contend that the Complaint does not adequately describe the property transferred or the obligations incurred, the dates, and parties.

Murphey v. Crater (In Re Crater)

286 B.R. 756 · United States Bankruptcy Court, D. Arizona · Dec 17, 2002

And, as there is no showing of actual fraud, the stock is immune against the creditors and never passed to the trustee. *764 Id. at 947 . … Thus the creditor has established badges 4 and 5 and 9, all of them in the third category. Notably, none of the badges that the creditor has established here is implicitly indicative of fraudulent intent.

Matter of Lynott

193 B.R. 882 · United States Bankruptcy Court, E.D. Wisconsin · Apr 2, 1996

The “lack of adequate representation of interests” requirement may be shown by establishing an economic interest in the matter which is not otherwise protected. Id.; In re Public Serv. … Even assuming that he was entitled to payments of either past or future medical expenses, any funds received by Lynott would clearly not be in the nature of future earnings or compensation for services previously rendered

In Re Venice-Oxford Associates Ltd. Partnership

236 B.R. 805 · United States Bankruptcy Court, M.D. Florida · Apr 17, 1998

Judge Proctor acknowledged in Jacksonville Riverfront that other cases have held that the Reform Act did not overrule Phoenix Piccadilly, and that the debtor in the case before him did not qualify as a “single asset real … In this case, the first prong of the test set forth by the District Court is clearly satisfied.

Official Committee of Creditors v. Shearson Lehman Bros. Holdings (In Re First Capital Holdings Corp.)

179 B.R. 902 · United States Bankruptcy Court, C.D. California · Mar 17, 1995

Rules 42(b), 43(d) and'56(d) clearly contemplate this procedure. Here, the parties have had ample opportunity to present evidence on the material issues. … Shearson has not designated Weingarten as an expert and he has not qualified as an expert on these subjects. What value Hutton Life had for FCH is not at issue in this litigation.

In Re Kinsey

368 B.R. 888 · United States Bankruptcy Court, D. Kansas · May 9, 2007

does not determine “allowed secured claim” in § 1325(a)(5) ignores the Supreme Court cases holding to the contrary, 16 and, as pointed out in Wampler, opens the present value interest requirement to many claims, which was clearly … An investment rate of interest more properly effects the directive of the statute. 38 If this Court were to adopt the White court’s analysis, then it would be more inclined to adopt the present value interest rate established

In Re Dumas

419 B.R. 704 · United States Bankruptcy Court, E.D. Texas · Nov 17, 2009

Thanks to § 707(b)(2)(A)(iii), the housing payment has been effectively immunized from scrutiny on the basis of reasonableness in a Chapter 13 or Chapter 11 case. … Thus precluded from attacking the reasonableness of the mortgage payment and admittedly without sufficient evidence to establish the existence or applicability of any of the other relevant “totality” considerations under

In Re Global Marine, Inc.

108 B.R. 998 · United States Bankruptcy Court, S.D. Texas · Sep 28, 1987

The Hoffman decision clearly does not stand for the proposition that a disqualifying conflict exists whenever there is dual representation. … In recent years the general rule established by Woods has not been applied in cases where the need for attorney discipline is outweighed by the equities in the case.

Dawson v. Washington Mutual Bank (In Re Dawson)

346 B.R. 503 · United States Bankruptcy Court, N.D. California · Jul 27, 2006

Although the evidence established that the Bank had knowledge that Mr. … Dawson clearly had other serious pressures on him at the time of the Bank’s stay violation that likely contributed to his emotional distress. However, to establish causation, Mrs.

In Re Berg

407 B.R. 167 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 1, 2009

Id. 3 Clearly the issue was not the IRS’s failure to observe that Debtor had filed a *171 return. … The legal principles that govern this dispute are very well established.

In re Kardash

573 B.R. 257 · United States Bankruptcy Court, M.D. Florida · Sep 21, 2017

Co., 547 U.S. 651, 655 , 126 S.Ct. 2105, 2109 , 165 L.Ed.2d 110 (2006) ("[P]referential treatment of a class of creditors is in order only when clearly authorized by Congress,”). … "Every claim granted priority status reduces the funds available to general unsecured creditors and may diminish the *264 recovery of other claimants qualifying for equal or lesser priorities.”