Case law

In Re Triangle Grain Co.

218 B.R. 523 · United States Bankruptcy Court, E.D. California · Mar 16, 1998

While a trustee may clearly need the assistance of counsel with respect to challenged performance, the costs for such legal services must be viewed as a business expense of the trustee to be paid as a cost of the trustee … Whatever validity that view may have had in the past, it is noted that established Chapter 7 panel trustees serving this court receive an average of $154,000 annually, plus reimbursement for expenses, from the cases they

Unencumbered Assets Trust v. Biomar Technologies, Inc. (In Re National Century Financial Enterprises, Inc.)

341 B.R. 198 · United States Bankruptcy Court, S.D. Ohio · Apr 18, 2006

Then he qualified his answer stating, “I didn’t do any deep analysis. I didn’t perform any diligence or background work with respect to the numbers.” Id. This testimony hardly qualifies as concrete or quantifiable. … This, however, does not establish a valid and enforceable obligation on NCFE to pay for those alleged services. See 11 U.S.C. § 502 (b)(1).

In Re A.V.B.I., Inc.

143 B.R. 738 · United States Bankruptcy Court, C.D. California · Jul 29, 1992

It did not represent settled law establishing that liens could never be abrogated in bankruptcy. … In fact, variants of that alternative already exist for qualifying debtors: they are called Chapters 12 and 13.

In Re Red River Energy, Inc.

409 B.R. 163 · United States Bankruptcy Court, S.D. Texas · Jun 26, 2009

Low (Low), CCM Master Qualified Fund, LTD. … June 2008 $ 40,530.00 CCM Master Qualified Fund Ltd.

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.

In Re Southern Vermont Supply, Inc.

58 B.R. 887 · United States Bankruptcy Court, D. Vermont · Mar 20, 1986

Nothing can more clearly convey BWAC’s intent than its notice, which states "... … The use of general terms in a notification by type of collateral is clearly permissible under Article 9 so long as the language does not mislead.

Escher v. Decision One Mortgage Co. (In Re Escher)

369 B.R. 862 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 12, 2007

Escher, Countrywide took pains to establish that the Plaintiffs were not accusing Countrywide of having actively violated TILA. Countrywide Brief, 8 quoting Escher Dep. @ 120-122. … So even if the Court were to find that the lender failed to disclose the finance charge, nothing in this record, establishes scienter on Countrywide’s part.

Fessenden v. Ireland (In Re Hobbs)

213 B.R. 207 · United States Bankruptcy Court, D. Maine · Sep 19, 1997

That which exists generally focuses on egregious conduct plainly qualifying as "fraudulent, unfair, or deceptive.” … It is complete, well-detailed, and clearly reasonable.

In Re Sanchez

362 B.R. 342 · United States Bankruptcy Court, W.D. Michigan · Jan 31, 2007

A court is not irretrievably bound by its own precedents, but in the interests of uniformity, stability, and certainty in the law, will follow the rule of law established in earlier cases unless clearly convinced that the … However, in some instances a right to receive a particular payment or benefit could qualify under both of these subsections just as, for example, books and musical instruments could qualify both under Section 522(d)(3) and

Stone v. Stone (In Re Stone)

199 B.R. 753 · United States Bankruptcy Court, N.D. Alabama · Aug 22, 1996

Clearly, several concerns might be considered policy presumptions. For example, the concept that a debtor should receive a fresh start. … Although the rule that an exception to a statute, including an exception within an exception, as qualifying language should be strictly construed is less rigid in its application today, it is still frequently followed. 2A

In Re Howley

446 B.R. 506 · United States Bankruptcy Court, D. Kansas · Feb 23, 2011

Tribal membership status, once established based upon ancestry, is fixed and is not dependent upon future events. … The difference in the outcomes of Kedrowski and Fess clearly rests upon differing interpretations of the Ho-Chunk Nation Code.

Windland v. U.S. Department of Education (In Re Windland)

201 B.R. 178 · United States Bankruptcy Court, N.D. Ohio · Sep 27, 1996

At various times, the Debtor’s only source of income was child support as she had not continued to qualify for public assistance. … This loan is not the subject of this adversary proceeding as it was clearly dischargeable becoming due more than seven years prior to the filing of the Debtor’s Chapter 7 case. 5 .

Cruse v. Burch (In re Zhang)

562 B.R. 190 · United States Bankruptcy Court, E.D. Missouri · Jan 6, 2017

organisms may exist at the Property, and such microscopic organisms and/or mold may cause physical injuries, including but not limited to allergic and/or respiratory reactions or other problem particularly in persons with immune … The Purchase Addendum contains the following language: Buyer acknowledges and agrees that Seller has strongly encouraged Buyer to have the Property inspected and abated or remediated by a qualified mold remediation specialist

CIT Communications Finance Corp. v. Maxwell Ex Rel. Estates of marchFirst, Inc. (In Re marchFirst, Inc.)

378 B.R. 563 · United States Bankruptcy Court, N.D. Illinois · Nov 15, 2007

Count I alleges that Maxwell willfully breached his fiduciary duty to CIT by failing to file a complete inventory for the Debtors within 30 days of qualifying as trustee, stating in the Statement of Financial Affairs that … Here, the court will not go through the exercise of determining whether CIT has a prima facie case because the proceeding is clearly barred by the statute of limitations.

In Re Burger

280 B.R. 444 · United States Bankruptcy Court, S.D. Indiana · May 1, 2002

Some expenditures, such as reasonable amounts for food, clothing and shelter, are clearly “reasonably necessary” for the debtor’s maintenance. … As suggested above, the Debtors are qualified to file under Chapter 13 of the Code, see 11 U.S.C. § 109 (e).

In Re Weninger

119 B.R. 238 · United States Bankruptcy Court, D. Colorado · Jun 12, 1990

because they could withdraw, and reduce any lien, without restriction.”); Bell Credit Union I, supra at 504 (bank’s lien not choate because the property subject to the lien was “clearly not established and isolated.”); Nat … Therefore, the bank’s interest clearly was ‘first in time’.”) (emphasis added). Upon maturity, the third choate element is established, the amount of the lien is a sum certain.

Corzin v. Haugen (In Re Flexible Artcraft Graphics Unlimited, Inc.)

74 B.R. 917 · United States Bankruptcy Court, N.D. Ohio · Jun 18, 1987

The trustee stands in the shoes of a single qualified creditor when he brings an action under § 544(b). 4 Collier On Bankruptcy, ¶ 544.03[2] at 544-21 (15th ed. 1987).. … Although the Thompson decision involved the appointment of an attorney as general counsel to the trustee, its reasoning is clearly applicable in this case.

GMAC v. Mancini (Mancini)

390 B.R. 796 · United States Bankruptcy Court, M.D. Pennsylvania · Jul 15, 2008

security interest, explained that: “[wjhile there is temptation to look for a federal definition of ‘purchase money security interest,’ prominent use of a term of art so closely identified with the Uniform Commercial Code and established … Nash, 349 Pa.Super. 27, 44 , 502 A.2d 1254, 1263 (1985) (“On the question of the kind of notice to be given to the debtor by the secured creditor, the MVSFA and the U.C.C. are clearly in pari materia since they relate to

Ebner v. Beatty (In re Beatty)

541 B.R. 428 · United States Bankruptcy Court, N.D. Illinois · Oct 13, 2015

: *433 In accordance with Article XIII, Section 5 of the Illinois Constitution, which prohibits the impairment or diminishment of benefits granted under this Code, a QILDRO issued against a member of a retirement system established … The Judges’ Retirement System posts a detailed guide to QILDROs that clearly explains how to obtain rights in a member’s benefits, which was available to Jacqueline and any other interested party.

Foster

United States Bankruptcy Court, N.D. Texas · Oct 30, 2020

First, a bankruptcy trustee is “entitled to absolute immunity for all actions taken pursuant to a court order[.]”116 Second, a bankruptcy trustee is “entitled to qualified immunity for personal harms caused by actions … immunity.