Case law

Zamora v. Jacobs (In Re Jacobs)

448 B.R. 453 · United States Bankruptcy Court, N.D. Illinois · Jan 25, 2011

set forth an extensive discussion of the many respects in which ERISA dictates bear hallmarks of a trust, the duties owed by ERISA fiduciaries, and the several decisions addressing whether an ERISA fiduciary ipso facto qualifies … Moreover, even if the debt arising from the withdrawal of the Plan funds may not be excepted from discharge under the embezzlement prong of section 523(a)(4), the facts clearly establish that the debt is non-dischargeable

Hoberg v. Hoberg (In Re Hoberg)

300 B.R. 752 · United States Bankruptcy Court, C.D. California · Sep 25, 2003

Plaintiff is well qualified to earn a substantial living. Plaintiff has a Masters in Accounting and a Bachelor of Arts degree, being magna cum laude in Accounting. … No credible evidence has been presented by the Debt- or establishing that his annual disposable income over the next several years would be otherwise.

Plumbers Joint Apprenticeship & Journeyman Training Committee v. Rosen (In Re Rosen)

179 B.R. 935 · United States Bankruptcy Court, D. Oregon · Feb 9, 1995

Although the debtor clearly owes a debt to the plaintiff, see 11 U.S.C. § 101 (12), the debtor contends that it cannot be within the scope of section 523(a)(8) because it is not a debt for an educational benefit overpayment … Given the debtor’s wrist injury and lack of training or experience that would qualify him for a well-paying job, I find that the debtor’s reliance upon his worker’s compensation benefits was a reasonable effort to obtain

Kozyack v. Levy (In Re Financial Federated Title & Trust, Inc.)

273 B.R. 706 · United States Bankruptcy Court, S.D. Florida. · Nov 16, 2001

or surreptitiously extract from its assets the sum of $535.84 in cash and use the same to improve his home thereby contributing to the bankruptcy of the Bread Company to the detriment of innocent creditors and then claim immunity … Rather, the undisputed evidence clearly reflects that the El Cabal-lo Property was purchased by First R & R with funds directly obtained from the Fin-Fed fraud.

Ablavsky v. United States Department of Education (In re Ablavsky)

504 B.R. 709 · United States Bankruptcy Court, D. Massachusetts · Jan 23, 2014

(In re Stevenson), 463 B.R. 586 (Bankr.D.Mass.2011), aff'd, 475 B.R. 286 (D.Mass.2012) this Court stated: Under 11 U.S.C. § 523 (a)(8), the creditor has the initial burden of establishing that the debt qualifies as the type … The evidence clearly established that, despite the Debt- or’s education, his mental illnesses and impairments, coupled with the side effects of medications he is required to take, impair his functioning.

Murrietta v. Fehrs (In Re Fehrs)

391 B.R. 53 · United States Bankruptcy Court, D. Idaho · Jul 18, 2008

Establishing avoidability There are several elements that must be established by a plaintiff to sustain a cause of action under § 548(a)(1)(B). … He clearly reviewed them at some point in time. His allegations in the amended complaint, discussed infra, make that clear. When he reviewed them is critical. Murrietta never established this date.

In Re Adler, Coleman Clearing Corp.

216 B.R. 719 · United States Bankruptcy Court, S.D. New York · Jan 22, 1998

By order dated March 10,1995, we established a procedure for the trustee to review timely filed claims and to determine the portion, if any, meriting preferred customer claim status. … The court noted that proceeds of customer securities are clearly customer property within the meaning of § 78111(4). Id.

In Re Martin

66 B.R. 921 · United States Bankruptcy Court, D. Montana · Oct 31, 1986

Certain principles dealing with confirmation of a Chapter 11 Plan are well established. … Clearly, and the Debtors do not contend otherwise, John Hancock is an impaired, secured creditor under the Plan.

In re Gutierrez

528 B.R. 1 · United States Bankruptcy Court, D. Vermont · Nov 4, 2014

Gutierrez filed his bankruptcy petition in bad faith, and misrepresented information in his bankruptcy schedules to mislead the Court into believing (1) his debts are primarily business debts, (2) he qualifies for relief … First, the Debtor’s position is not clearly inconsistent with his position in state court.

In Re Phar-Mor, Inc.

301 B.R. 482 · United States Bankruptcy Court, N.D. Ohio · Nov 12, 2003

It is well established that a secured creditor qualifies as a good faith purchaser for purposes of § 2-702(C). Allegiance Healthcare Corp. v. Primary Health Sys., Inc. … Therefore, having notice of the Reclamation Demands, DIP Lenders cannot qualify as good faith purchasers under § 2-702(C).

Eastman v. Baker Recovery Services and Law Offices of Juana Trejo (In re Eastman)

512 B.R. 832 · United States Bankruptcy Court, W.D. Texas · Apr 20, 2009

That is a matter that, on its faces, “arises under a provision of title 11,” and so is clearly within the federal court’s bankruptcy subject matter jurisdiction. … Finally, the case law requires that the matter, in order to qualify as one that is “related to,” must be one that determination of which would conceivably have an impact on the administration of the estate.

In Re Jamesway Corp.

202 B.R. 697 · United States Bankruptcy Court, S.D. New York · Nov 21, 1996

For an expense to qualify under § 503(b) as an expense of administration, it must either benefit the estate, or arise in connection with business or activities carried on by the estate. … That “established practice”, however, was not designed with serial chapter 11 filings in mind.

In Re Neals

459 B.R. 612 · United States Bankruptcy Court, D. South Carolina · Oct 6, 2011

Haynes & Co., Inc., 893 F.Supp. 1304 , 1312 n. 3 (D.S.C.1994) (“Article Three of the UCC controls transfers of negotiable instruments, and the mortgage notes are clearly negotiable.”) … While ASC is not the holder under § 36-1-201(20) because the Note is not specifically indorsed to ASC, ASC does have possession of the original Note and accompanying documents and may be able to enforce the Note if it qualifies

Agai v. Antoniou (In re Antoniou)

527 B.R. 71 · United States Bankruptcy Court, E.D. New York · Mar 3, 2015

In order to qualify for a discharge, § 727(a)(3) “places an affirmative duty on the debtor to create books and records accurately documenting his financial affairs.” In re Self, 325 B.R. 224, 241 (Bankr.N.D.Ill.2005). … No. 1), which clearly fails to account for income from 31-72 AMA.

Cynthia Voisine

United States Bankruptcy Court, D. Maine · May 15, 2019

A debtor claiming an exemption carries the initial responsibility of establishing entitlement to that protection and can successfully do so by identifying the property and clearly designating the basis for the exemption … Court noted that “a HSA is not a substitute for wages, but rather is . . . a place to park wages that, if used for qualified healthcare expenses, allows favorable tax treatment.”

Goforth v. United States of America Department of Education (In Re Goforth)

466 B.R. 328 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 9, 2012

If and when he takes and passes one or both of those exams he will be qualified to obtain work as a computer network person, with estimated earnings from $8 to $15 per hour. … The Defendant thus has established entitlement to *342 summary judgment with respect to the third prong of the Brunner test.

Wallach v. Nowak (In Re Sherlock Homes of W.N.Y., Inc.)

246 B.R. 19 · United States Bankruptcy Court, W.D. New York · Feb 22, 2000

Borzillieri, Jr., or Elayne Nowak were qualified to fulfill that function. That neither name was ever reported to New York State would appear to be an oversight of no consequence. … Before damages can be assigned to any particular defendant, the trustee must establish which transfers will fit into either of these categories.

Wooten v. Vicksburg Refining, Inc. (In Re Hill Petroleum Co.)

95 B.R. 404 · United States Bankruptcy Court, W.D. Louisiana · Dec 8, 1988

The record clearly establishes that Hill Petroleum representatives reached an agreement with Mr. Chaney on the products to be sold, the quantity, and the price. Negotiations between Mr. … The evidence clearly establishes that Chaney Oil reported to the Mississippi State Tax Commission (the Commission) that it purchased from Hill the exact quantities of regular and unleaded gasolines agreed upon.

Palmer, Jr. v. Galaxy Int Purchasing LLC

United States Bankruptcy Court, N.D. Ohio · Mar 31, 2021

The Creditor Has Failed To Establish That Its Claim Arises From a “Qualified Education Loan” So As To Be Nondischargeable Pursuant to 11 U.S.C. … “Qualified education loan” is defined by Section 221(d)(1) of the Internal Revenue Code, which provides, as follows: (1) Qualified education loan.

Burgess v. Henrie (In Re Henrie)

235 B.R. 113 · United States Bankruptcy Court, M.D. Florida · Jun 22, 1999

Clearly, Plaintiff did not need spousal support from Defendant. … While Defendant’s military experience may qualify him for employment as a mechanic or repairer, no evidence was offered to show that this work is available or pays more than Defendant’s current job.