Case law

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.

Elbar Investments, Inc. v. Pierce (In Re Pierce)

272 B.R. 198 · United States Bankruptcy Court, S.D. Texas · Nov 25, 2001

The records of his office are excellent, and those records clearly show the thorough, careful, thoughtful work of his employees. … The bankruptcy judge found that the Garci-as were not subject to the automatic stay's effect because they qualified for the good faith purchaser exemption- in 11 U.S.C. § 549 (c).

In re Harry Viner, Inc.

520 B.R. 268 · United States Bankruptcy Court, W.D. Wisconsin · Aug 5, 2014

The balancing of two policies underlies section 330: economizing in the interest of the estate while encouraging qualified lawyers to take bankruptcy cases. See S.Rep. … The coincidence of a simultaneous bankruptcy proceeding is insufficient to establish jurisdiction to hear such claims in this Court.

In re Wyly

552 B.R. 338 · United States Bankruptcy Court, N.D. Texas · May 10, 2016

On this basis, the Fifth Circuit found that the tax court had been clearly erroneous in finding that Rebecca was not an innocent spouse. 1422 However, there were certain penalties for which Rebecca did not qualify for innocent … Although the exact ownership structure was never clearly established on the record, Boucher testified that "Security Capital was established and managed by a trust company group in Cayman that was familiar with Maverick and

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.

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.

Deady v. Hanson (In Re Hanson)

432 B.R. 758 · United States Bankruptcy Court, N.D. Illinois · Jul 13, 2010

A fiduciary relationship qualifies under § 523(a)(4) only if it “imposes real duties in advance of the breach.... ” Marchiando, 13 F.3d at 1116 . … Further, there was clearly no express trust created between the parties. None of the documentary evidence revealed a trust.

Heitmanis v. Rayes (In re Rayes)

496 B.R. 449 · United States Bankruptcy Court, E.D. Michigan · Jul 16, 2013

In dealing with the qualifying statutory language that the debt must be “payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss,” the Court found that (a) criminal restitution … As to such, the State Court in this case held a restitution hearing in which it took evidence and clearly made a determination of the amount of damages suffered by Ms. Ignatius. Mr. Rayes testified that (a) he met Ms.

In Re Kloubec

247 B.R. 246 · United States Bankruptcy Court, N.D. Iowa · Mar 14, 2000

This Motion is based on the allegation that Debtors do not qualify as family farmers as defined in 11 U.S.C. § 101 (18). The Motion to Dismiss and the Motion to Convert are the subjects of this hearing. … Even if established to have merit, the Motion to Convert is the most appropriate choice.

In Re Farley, Inc.

146 B.R. 739 · United States Bankruptcy Court, N.D. Illinois · Oct 2, 1992

Upon the trial of the action, the facts so specified shall be deemed established, and the trial shall be conducted accordingly. … Die establishes liability and damages in excess of that cap. In re Goldblatt Bros., Inc., 66 B.R. at 346 .

In Re Shethi

389 B.R. 588 · United States Bankruptcy Court, N.D. Illinois · Apr 30, 2008

Id 6 In this case, the trustee contends that he has established both prejudice and bad faith. … Of those five objections, however, three are clearly inapplicable to the amended exemption claim.

In Re Nicewonger

192 B.R. 886 · United States Bankruptcy Court, N.D. Ohio · Feb 28, 1996

NCB relies on § 349 of the Bankruptcy Code which provides generally that upon dismissal of a bankruptcy ease, the parties’ rights are re-established to those that existed prior to the bankruptcy filing. … Section 1322(b)(2) of the Bankruptcy Code clearly states that a chapter 13 plan may “modify the rights of holders of secured claims.” See 11 U.S.C. § 1322 (b)(2).

In re STN Enterprises, Inc.

45 B.R. 941 · United States Bankruptcy Court, D. Vermont · Dec 12, 1984

All of this would tend to establish that Erdman recognized this transaction as one involving a security interest. … The Court has considered these cases and the facts in each of them are clearly distinguishable from those under consideration herein and for that reason are not apposite.

American Honda Finance Corp. v. A. Angelle, Inc. (In Re A. Angelle, Inc.)

230 B.R. 287 · United States Bankruptcy Court, W.D. Louisiana · Jan 12, 1998

Young (“Trustee”) is the duly appointed, qualified and acting chapter 7 trustee. … These requirements are clearly satisfied. 3. Identity of the Parties.

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 Metropolitan Metals, Inc.

228 B.R. 355 · United States Bankruptcy Court, M.D. Pennsylvania · Oct 2, 1998

This is not to say that KPMG, and probably thousands of other accountants, were not qualified to do the tax returns required by the Trustee. … A review of the extensive Metropolitan record would clearly identify KPMG’s role in this estate to any party that cared to explore it.

In Re Law

37 B.R. 501 · United States Bankruptcy Court, S.D. Ohio · Feb 24, 1984

It clearly indicated that it would operate to remove nonpossessory nonpurchase-money liens on property that would have been exempt were it not for the lien. See S.Rep. 95-989, supra, at 76. … Such a construction would be contrary to established rules of statutory construction. See Jackson v. Kelly, 557 F.2d 735 (10th Cir.1977); United States 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 Hennerman

351 B.R. 143 · United States Bankruptcy Court, D. Colorado · Sep 20, 2006

Gooch is not qualified to prepare Chapter 13 bankruptcy documents for filing. … Gooch, are not qualified to handle the most routine bankruptcy matters.

In re Maremont Corp.

601 B.R. 1 · United States Bankruptcy Court, D. Delaware · May 17, 2019

Holders of a Disease Level V Claim may also seek to establish that such claim qualifies as an Extraordinary Claim under Section 5.4(a) below. … Whether a Disease Level V Claim qualifies as an Extraordinary Claim under Section 5.4(a) shall be established only under the Individual Review Process (" IR Process ").