Case law

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.

In Re Fricker

115 B.R. 809 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 22, 1990

Clearly, the Debtors have the burden of proof to establish any such alleged violation and they failed to meet this burden. … The balance on the instant loan would clearly not be liquidated in three years.

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.

At & T Universal Card Services Corp. v. Cheuk Hon Wong (In Re Cheuk Hon Wong)

207 B.R. 822 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 14, 1997

In *828 either event, however, the Debtor was clearly required to make at least a “minimum payment” to AT & T each month in which there remained an outstanding balance due on the account. … The Court is satisfied that Walters, an AT & T Corporate Investigations Manager (whose job required him, inter alia, to review the computerized records of individuals suspected of credit card fraud), is a "qualified witness

Thatcher v. Internal Revenue Service (In re Thatcher)

344 B.R. 732 · United States Bankruptcy Court, M.D. Pennsylvania · Apr 26, 2006

There may be several individuals within a single business *738 who qualify as responsible persons under the IRC. Id. … Although evidence was introduced that the debtor signed one tax return, through other testimony the debtor established that the signature was a forgery.

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.

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).

In Re Bouton

434 B.R. 624 · United States Bankruptcy Court, D. Kansas · Jul 28, 2010

Debtors also object to the Douglas County proof of claim on the ground that *628 the “claim form is incomplete.” 11 They contend that the “attachment to the proof of claim form does not qualify as an ‘account summary’ and … is not sufficient to establish the prima facie validity.” 12 The County responds that the form is complete as a “very explicit screen print was attached to its Proof of Claim.” 13 The Court agrees with the Debtors that the

Lovelace v. USAA Federal Savings Bank (In Re Lovelace)

443 B.R. 494 · United States Bankruptcy Court, W.D. Texas · Jan 28, 2011

This loan too qualified as a Texas Home Equity loan under Section 50(A)(6), Article XIVI of the Texas Constitution. … That, it seems, is clearly at odds with the express statement in the Texas Constitution that, to channel the movie Highlander, "there can be only one.” 5 .

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).

Community Finance Group, Inc. v. Fields (In Re Fields)

449 B.R. 387 · United States Bankruptcy Court, D. Minnesota · Apr 12, 2011

Structured as such, the passage clearly does not amount to a knowing, specific undertaking by the Defendant of liability on MSO’s debt. … Ctr., 140 F.3d 1140, 1142 (8th Cir.1998), to establish the platform for judicial estopped. See Liberty Mut. Fire Ins. Co. v.

Martinson v. Towe (In Re Towe)

173 B.R. 197 · United States Bankruptcy Court, D. Montana · Sep 26, 1994

The trustee brings the alter ego *201 action to establish this identity. … contribution went to TAFF, which clearly has no Quaker school.

In Re Silverstein

94 B.R. 284 · United States Bankruptcy Court, E.D. New York · Dec 12, 1988

Silverstein has resumed the practice of accounting as an independent entrepreneur and has qualified himself as a certified public accountant. … In this case, the answer is clearly in the negative and, therefore, Prudential is entitled to the relief it seeks.

Hopper v. Everett (In Re Everett)

364 B.R. 711 · United States Bankruptcy Court, D. Arizona · Mar 20, 2007

Thus, the Court concludes that the statement contained insufficient information to qualify as a “statement respecting the debtor’s ... financial condition” under Section 523(a)(2)(B). … In this case, the Hoppers have failed to establish all of the elements under § 523(a)(2)(A).

American Savings & Loan Ass'n v. Weber (In Re Weber)

99 B.R. 1001 · United States Bankruptcy Court, D. Utah · Apr 7, 1989

The presumption is that the debtor remains in possession 9 unless for cause shown or in the best interest of creditors 10 , a qualified trustee is selected. 11 To establish a statutory trust an express legislative intent … Such language clearly could have been included if the parties wished.

In Re Independent Pier Co.

209 B.R. 333 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 27, 1997

The fourth factor which must be met to establish a charging lien is akin to the second. The attorney must show that the lien claim is limited to fees incurred in the litiga *339 tion by which the fund was raised. … Under this view of the world there clearly is nothing material remaining for Dechert to “perform” under the agreement.

Weintraub v. Internal Revenue Service (In Re Weintraub)

290 B.R. 410 · United States Bankruptcy Court, M.D. Florida · Dec 19, 2002

In determining whether the moving party has met its burden of establishing that there is no genuine issue as to any material fact and that it is entitled to judgment as a matter of law, the Court must draw inferences from … Clearly, the Forms 1040 purport to be returns and contain sufficient data to allow the calculation of tax liability.

In Re Arrow Air, Inc.

85 B.R. 886 · United States Bankruptcy Court, S.D. Florida. · Mar 8, 1988

Neilan’s interests were common to the interests of the unnamed class members and Neilan vigorously prosecuted the interests of the class through qualified counsel. … This could hardly be achieved if the test on hearing for approval meant establishing success or failure to a certainty.

Marra v. Kroen (In Re Kroen)

280 B.R. 347 · United States Bankruptcy Court, D. New Jersey · Jul 18, 2002

And, it would be no small rupture in the policy voiding waivers if an attorney were permitted to assert the waiver as a misrepresentation qualifying the fee-based debt for a § 523(a)(2)(A) exception to discharge. … Reaffirmation is effective only if included in a post-petition written agreement made by the debtor before the discharge; the agreement must clearly and conspicuously advise the debtor that such an agreement is not required

Hindenlang v. United States (In Re Hindenlang)

205 B.R. 874 · United States Bankruptcy Court, S.D. Ohio · Feb 24, 1997

Supreme Court precedent establishes that a proper return must have the following attributes: (1) it must purport to be a return; (2) it must be sworn to as such; (3) it must contain sufficient data to allow calculation of … Clearly, neither ease stands for the proposition asserted by IRS in the present case. Further, no citations to the Internal Revenue Code for this proposition have been provided.