Case law

Sandak v. Dobrayel (In Re Dobrayel)

287 B.R. 3 · United States Bankruptcy Court, S.D. New York · Dec 9, 2002

Bell, 615 F.2d at 374 (noting that the New York Lien law clearly defines the trust res). … Hence, Article 3-A clearly creates an express trust within the meaning of Section 523(a)(4).

Berger Industries, Inc. v. Artmark Products Corp. (In Re Berger Industries, Inc.)

260 B.R. 639 · United States Bankruptcy Court, E.D. New York · Apr 12, 2001

DISCUSSION In order to qualify as a preference, a transfer of an interest of the debtor in property must meet all the elements set forth in Section 547(b); ie., the transfer must have been (1) to or for the benefit of [a] … Artmark has clearly established that it tolerated long delays between the invoice date and payment. (Pl.Ex.3).

Matter of Unimet Corp.

74 B.R. 156 · United States Bankruptcy Court, N.D. Ohio · Feb 25, 1987

This argument- is clearly without merit. First, the court finds it totally inequitable to allow the government to attempt to shift the burden of proof on the eve of the trial. … DiCola, to establish the value of the accounts receivable. The court finds that the bare allegations of Mr.

Lee v. Daniel (In re Daniel)

568 B.R. 162 · United States Bankruptcy Court, D. Massachusetts · May 25, 2017

Ivy to Lee and Defonseca” and that she engaged in deceptive business dealings “clearly outside the penumbra of any established concept of fairness.” Lee v. Mt. Ivy Press, No. MICV1998-02456, 2002 WL 33956822 (Mass. … Lee's favor was predicated on findings of willful and knowing fraudulent conduct for purposes of qualifying for nondischargeability under § 523. .

McLean Trucking Co. v. Department of Industrial Relations (In Re McLean Trucking Co.)

74 B.R. 820 · United States Bankruptcy Court, W.D. North Carolina · Jun 3, 1987

The form and content of the bond is established by the California Labor Code and by the Department. … Nor does the opinion clearly indicate whether an injunction was required in the circumstances, or instead whether an injunction was proper but not compelled.

In re Couture Hotel Corp.

536 B.R. 712 · United States Bankruptcy Court, N.D. Texas · Sep 2, 2015

No qualifying votes were received in Classes 2.3 (Propel Financial Services, LLC (“Propel”)), 2.4 (Propel), and 5 (Mansa). … Lucas was not the subject of a Daubert challenge, and the Court finds that Lucas is qualified to serve as a testifying expert here. .

Orfa Corp. of America v. Cappello (In Re Orfa Corp. of America)

115 B.R. 799 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 20, 1990

However, it appears that, even if a quorum were not present, the Board’s actions could have been, and allegedly were, ratified at a meeting held shortly after the hearing, at which a quorum clearly was present. … Hunter’s Guide, Inc., 40 B.R. 29, 32-34 (Bankr.N.D.Ga.1984) (previous directors of corporation serving only until successors were qualified were authorized to file bankruptcy).

In re Johnson

565 B.R. 835 · United States Bankruptcy Court, S.D. Ohio · Feb 10, 2017

Thereafter, the Court set a date for a final evidentiary hearing and established the briefing schedule previously mentioned. … Because these activities occurred after the Debtor filed his bankruptcy peti *843 tion on March 8, 2016, the acts clearly violated the automatic stay. 4 3.

Apaydin v. Citibank Federal Savings Bank (In Re Apayin)

201 B.R. 716 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 9, 1996

counterclaim statute or rule of court, or (b) The relationsMp between the counterclaim and the plaintiffs claim is such that successful prosecution of the second action would nullify the initial judgment or would impair rights established … Under this rationale, however, the debtor’s obligation to pay these expenses would have continued following judgment if they were based on a source of law independent of the mortgage and thus immune from the affects of merger

Thompson v. Ivan (In Re Food & Fibre Protection, Ltd.)

168 B.R. 408 · United States Bankruptcy Court, D. Arizona · May 13, 1994

immediate transferee that would require the immediate transferee to pay money for a transfer that was clearly not avoidable. … Stephens 9 , the Trastee must establish that it is proper to avoid the transfer from the Debtor to Jono-vich, then establish that J.S.

Roger Harvey Black

United States Bankruptcy Court, District of Columbia · May 1, 2026

The definition of transfer in the Bankruptcy Code clearly includes the creation of a lien. See 11 U.S.C. § 101(54)(A) (“The term transfer means — (A) the creation of a lien . . . .”). … However, given the lack of any qualifying petitioning creditors, the total number of “holders of such claims” is moot.

Benneman v. Pearl (In Re Pearl)

40 B.R. 860 · United States Bankruptcy Court, D. New Jersey · Jun 25, 1984

Kinnear, Esquire, was appointed as receiver in both matters, duly qualified, and is acting as Attorney Pro Se in both matters. 3. Debtor, Charles R. … The Debtor has failed to establish any prejudice to itself as a result of the Purchasers’ inaction, and the Court therefore holds that, as against the Debt- or, the Purchasers, would hold an equitable lien on the property

Wildlife Farms II, LLC v. Robinson (In Re Robinson)

368 B.R. 818 · United States Bankruptcy Court, E.D. Arkansas · May 17, 2007

Omissions from the schedules qualify as a false oath if they are made knowingly and with fraudulent intent. Cepelak v. Sears (In re Sears), 246 B.R. 341, 347 (8th Cir. BAP 2000)(citing Mertz v. … Given the number of false statements and omissions by both Debtors and the magnitude of the RICO claim that the Debtors were asserting but omitted from the schedules, the evidence clearly establishes by the required preponderance

In re Cruz

585 B.R. 255 · United States Bankruptcy Court, D. Puerto Rico · May 18, 2018

As such, the Debtor clearly had a property interest in his pre-petition accumulated leave as of the petition date. … As discussed below, those cases are clearly distinguishable, inapposite, and the court respectfully disagrees with the conclusions derived therein.

Cristol v. Beyer (In re Winters & Co.)

26 B.R. 720 · United States Bankruptcy Court, S.D. Florida. · Sep 10, 1982

Cristol is the duly appointed, qualified and acting Trustee in Bankruptcy for WGSC and W & C, both Florida corporations. 2. … Beyer and Lerner, as lawyers for WGSC during the four months prior to August 15, 1978, enjoy no special immunity from liability to Cristol under § 60(b) of the Bankruptcy Act, 11 U.S.C. § 96 (b). See, Mills v.

Justin Trevon Alexander

United States Bankruptcy Court, M.D. Alabama · Dec 5, 2024

The Social Security Administration determined that the Debtor suffered from mental illness severe enough for him to qualify for SSI benefits. Ms. … The burden is on the “next friend” clearly to establish the propriety of his status . . . Id. at 800 (quoting Whitmore v.

Sgarlat v. United States (In Re Sgarlat)

271 B.R. 688 · United States Bankruptcy Court, M.D. Florida · Sep 28, 2001

Furthermore, the District Court concluded that the Appellant, IRS, met its burden of establishing that the Forms 1040EZ filed by Debtor after assessment served no purpose. … the proposition urged by the Government, that a return filed by taxpayer after the Government prepared an SFR and made the deficiency assessment is per se a nullity, the fact remains that from the record of this case, it clearly

Rolley v. Spector (In Re Spector)

133 B.R. 733 · United States Bankruptcy Court, E.D. Pennsylvania · Nov 29, 1991

It is clearly required that the plaintiff in a successful § 523(a)(6) action establish that the debtor has committed an unjustified, wrongful act, with at least scien-ter that the result of the act was necessarily to produce … Generally, if an act is determined to “constitute embezzlement” for purposes of § 523(a)(4), it may also qualify as a willful and malicious act of conversion within the scope of § 523(a)(6).

Stone v. Ottawa Plant Food, Inc. (In Re Hennings Feed & Crop Care, Inc.)

365 B.R. 868 · United States Bankruptcy Court, C.D. Illinois · Mar 30, 2007

Hennings decided to try to maximize Hennings’ revenues by increasing sales, thereby qualifying for larger manufacturer and distributor rebates. … most clearly reflects the fair market value of the goods.

Bowen v. Residential Financial Corp. (In Re Bowen)

89 B.R. 800 · United States Bankruptcy Court, D. Minnesota · Aug 17, 1988

Apparently Defendant proposes to litigate in state court to qualify the debt as one specified under 11 U.S.C. § 523 (a)(2), before this Court would determine the other elements of § 523(a)(3)(B). … This Court clearly has the power to enter a final order adjudicating the contempt issue here, subject to the limitations of BANKR.R. 9020(c).