Case law

In Re Crisp

430 B.R. 831 · United States Bankruptcy Court, W.D. Tennessee · Jun 17, 2010

“Statutory liens such as mechanics liens” qualify under § 546(b) and are excepted from automatic stay by virtue of § 362(b)(3). In re Hamby, 360 B.R. 657, 660 (Bankr.E.D.Tenn.2007). … A “garage-keeper” is defined as “any operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair or maintenance of vehicles.” T.C.A. § 66-19-103(b).

Maloney v. Harte (In Re Harte)

440 B.R. 133 · United States Bankruptcy Court, W.D. Michigan · Oct 14, 2010

To establish a qualifying trust, the Plaintiff must demonstrate: “(1) an intent to create a trust; (2) a trustee; (3) a trust res; and (4) a definite beneficiary.” Patel, 565 F.3d at 968 . … The Lawsuit, however, is clearly listed on Schedule B.

Price v. America's Servicing Co. (In Re Price)

403 B.R. 775 · United States Bankruptcy Court, E.D. Arkansas · Mar 20, 2009

In February 2007, the Prices sent a Qualified Written Request (“QWR”) to ASC. … IMBS, Inc., 368 F.3d 726, 730 (7th Cir.2004), that there is no "irreconcilable conflict between the statutes or a clearly expressed legislative decision that one replace the other.”

In re Heath

551 B.R. 877 · United States Bankruptcy Court, D. Colorado · May 26, 2016

Whether the party’s new position is clearly inconsistent with the former position; 2. Whether acceptance of the later position leads to the perception that the court is being misled; and 3. … On the date the case was filed the Debtors qualified to be Debtors under Chapter 13. The Debtors listed secured debts totaling $947,152.98.

Wilen v. Pamrapo Savings Bank, S.L.A. (In Re Bayonne Medical Center)

429 B.R. 152 · United States Bankruptcy Court, D. New Jersey · May 26, 2010

Medical was clearly to the contrary. Quoting from In re Friedman, 126 B.R. at 69-70 , the Tenth Circuit in In re U.S. … It would not have qualified for the ordinary course defense, even if raised.

In Re Public Service Co. of New Hampshire

93 B.R. 823 · United States Bankruptcy Court, D. New Hampshire · Nov 10, 1988

Complex bankruptcy cases such as these consolidated proceedings cannot function without the serious and dedicated efforts of qualified professionals. … The amounts requested under the present applications are clearly below the amount of final fee awards in a case of this magnitude.

In Re Conrad

279 B.R. 320 · United States Bankruptcy Court, M.D. Florida · Mar 7, 2002

The basis for the Motion to Dismiss, was two-fold: (1) that the “Debtor failed to qualify for Chapter 13” and (2) that the “case was not filed in good faith.” … It is now well established that Federal courts, including bankruptcy courts, have the inherent power to impose sanctions under appropriate circumstances. Chambers v.

Marshall v. Marshall (In Re Marshall)

253 B.R. 550 · United States Bankruptcy Court, C.D. California · Oct 6, 2000

The positions of the non-attorneys at the relevant times are not given, nor is any explanation given of how they qualify under Upjohn. … The non-qualify *558 ing documents included such items as transmittal letters, annual statements of KII, a videotape of J.

Gonzales v. Sun Life Insurance (In re Furr's Supermarkets, Inc.)

485 B.R. 672 · United States Bankruptcy Court, D. New Mexico · Dec 20, 2012

It did not immunize anyone from preference liability. … In sum, Plaintiff has established the preferential transfer and Sun Life has established its subsequent new value defense, in part.

In Re Triplex Marine Maintenance, Inc.

258 B.R. 659 · United States Bankruptcy Court, E.D. Texas · Nov 13, 2000

. § 362 (d)(1) due to an asserted lack of adequate protection of its purported ownership interest in the assets listed in the two “Equipment Lease Agreements.” 7 CMC has established a prima facie case for relief by introducing … See, e.g., In re Owen, 221 B.R. at 60 [finding that "[w]hile NYUCC § 1-201(37) clearly indicates that the Court is to examine the facts of each case in characterizing a transaction, ... the first paragraph of the amended

In re Gardner

522 B.R. 137 · United States Bankruptcy Court, W.D. North Carolina · Nov 24, 2014

Clearly, the matter is more complicated than that. … Finally, the evidence presented fails to establish that the tax credits were in any way necessary to market or sell Webbley.

Stephenson v. Rickles Electronics & Satellites (In Re Best Reception Systems, Inc.)

219 B.R. 988 · United States Bankruptcy Court, E.D. Tennessee · Apr 15, 1998

First, ■ Griepentrog establishes that the four-part standard is not to be construed as containing four separate requirements, each of which must be established to merit a stay pending appeal. … To the contrary, the record clearly established that the fifty-four adversary proceedings before the court were removed from twenty-two courts in the state of Alabama and one in the state of Georgia.

Herzog v. Birmingham Fire Insurance (In Re D. H. Overmyer Co.)

19 B.R. 750 · United States Bankruptcy Court, S.D. New York · Mar 31, 1982

Clearly, such provisions are not directed against the “miscreant” payee but rather against the culpable party who has dealt with the former. 28 ® Having said this, we do not grant immunity to the receiver, but rather analyze … Of course, assuming arguendo that the facts here demonstrated unjust enrichment, which they clearly do not, restitution could be denied because any alleged benefit to the receiver was officiously conferred upon him by Birmingham

Tabita v. Internal Revenue Service (In Re Tabita)

38 B.R. 511 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 21, 1984

Section 547(e)(3) establishes that a transfer cannot occur before the debtor has acquired rights in the property transferred. … No. 95-989, 95th Cong., 2d Sess. *515 (1978) 27, and § 101(40) clearly includes indirect payments.

Syncom Industries, Inc. v. Wood (In re Wood)

488 B.R. 265 · United States Bankruptcy Court, D. Connecticut · Mar 8, 2013

Clearly, a finding on the issue of a breach of fiduciary duty was not essential to the judgment. ...”). … A knowing breach of contract could also qualify. A construction so broad would be incompatible with the well-known guide that exceptions to discharge should be confined to those plainly expressed. Kawaauhau v.

Babitt v. Schwartz (In Re Lollipop, Inc.)

205 B.R. 682 · United States Bankruptcy Court, E.D. New York · Mar 7, 1997

Young, 178 B.R. at 946 (finding summary judgment inappropriate where defendant challenged existence of creditor qualified under section 544(b)). … Therefore the Court concludes that the Trustee is qualified under § 544(b) to employ NYDCL section 273 in order to set aside the transfers.

In Re Zella

196 B.R. 752 · United States Bankruptcy Court, E.D. Virginia · May 30, 1996

Parkey for the proposition that “tenancies by the entirety ... are immune from the creditors of a single eotenant and .. cannot be partitioned.” 227 Va. at 181 , 314 S.E.2d at 64 . … In the present case, by contrast, the deed to the debtor and his wife describes them as husband and wife, thereby establishing the “fifth unity” needed to create a tenancy by the entireties.

Martini v. We the People Forms & Service Centers USA, Inc. (In Re Barcelo)

313 B.R. 135 · United States Bankruptcy Court, E.D. New York · Aug 5, 2004

In Central Hudson, the Supreme Court established a four-part test to resolve First Amendment challenges to commercial speech. … , and clearly defined, portion of bankruptcy jurisdiction to the bankruptcy courts.

In re Licking River Mining, LLC

535 B.R. 731 · United States Bankruptcy Court, E.D. Kentucky · Aug 21, 2015

Thus, the district court clearly altered and expanded the order which was on appeal. The Lenders also rely on this Court’s decision in Katz v. New River Cmty. Coll. … There, the bankruptcy court denied defendants’ motion to dismiss all counts of the adversary proceeding on sovereign immunity grounds.

Witaschek v. Sacramento County Bureau of Family Support (In Re Witaschek)

276 B.R. 668 · United States Bankruptcy Court, N.D. Oklahoma · Feb 12, 2002

Aguero, 1999 OKCIVAPP 38, ¶25, 976 P.2d 1088, 1094 (Okla.1999) (“[E]quitable defenses are not available to excuse noncompliance with a support order that is clearly supported by public policy.”). … At the Trial, BFS raised for the first time the issue of sovereign immunity and moved for dismissal.