Case law

Manning v. Watkins (In re Watkins)

474 B.R. 625 · United States Bankruptcy Court, N.D. Indiana · Jul 6, 2012

Finally, the evidence clearly establishes that Housing Resource Center, Inc. owed Allen Watkins a debt on the date of the filing of the petition, arising from his loans made to that entity throughout the operation of his … These cases, however, appear to involve the law of states in which one co-tenant’s interest in entirety property is not immune from levy by a creditor of one spouse alone.

American National Bank v. Joy (In Re Joy)

169 B.R. 931 · United States Bankruptcy Court, D. Nebraska · Jul 8, 1994

Joy qualifies as a “buyer” under § 2-326(3), this subsection does not apply because Dr. Joy was generally known by his creditors to be “substantially engaged in selling the goods of others.” … Second, the evidence establishes that Dr. Joy continuously sold livestock from his premises. Thus even if it could be established that the hogs present on a given day were the hogs “purchased” by Mr.

Solus Alternative Asset Management LP v. Delphi Automotive PLC (In re DPH Holdings Corp.)

553 B.R. 20 · United States Bankruptcy Court, S.D. New York · May 13, 2016

The Plaintiffs take the former view, and clearly the dictionary definition of a corporate distribution encompasses redemption payments such as the GM/PBGC Redemp-tions. … I to the Oster Decl.): ("The [Plan] is clear: to qualify toward the $7.2 billion threshold, ‘distributions’ must be made by ‘[the Company Buyer] to its members in accordance with its Operating Agreement.’ ...

In Re Continental Airlines Corp.

60 B.R. 472 · United States Bankruptcy Court, S.D. Texas · Apr 11, 1986

Answer of International Association of Machinists and Aerospace Workers to Applications for Determinations of Qualifying Dislocations (Sept. 7, 1982). 7. … Bankruptcy Courts clearly have jurisdiction to decide all claims against an estate. 28 U.S.C. §§ 1334 (a); 157(a), (b)(1), (b)(2)(B).

In Re American Thrift & Loan Ass'n

137 B.R. 381 · United States Bankruptcy Court, S.D. California · Jan 31, 1992

In addition, there was some evidence that at least at the outset the principals also sought immunity from criminal liability. … Whether those transfers might qualify as fraudulent transfers or preferential transfers, those assets may be gone if not promptly pursued.

Pino v. Pino (In Re Pino)

268 B.R. 483 · United States Bankruptcy Court, W.D. Texas · Aug 15, 2001

, was imposed by a court of record in that proceeding, and did not qualify under 523(a)(5). … In any event, the case law under this statute does clearly establish that the *495 debtor need only prevail under 523(a)(15)(A) or (B), not both. See e.g.

In re Albright

214 B.R. 408 · United States Bankruptcy Court, N.D. Alabama · Nov 5, 1997

(In re Kennedy), 192 B.R. 282 (Bankr.M.D.Ga.1996)(applying the Langston criteria to determine whether a restaurant building affixed to real property qualified as a part of the realty under Aabama law); In re Morphis, 30 B.R … Similarly, the Court finds that the heat pumps in the case at bar are clearly integral to the function and the purpose of the subject house.

In Re Murray

199 B.R. 165 · United States Bankruptcy Court, M.D. Tennessee · Jul 31, 1996

— and who does not qualify — as a debtor under the various chapters of the Code. … The drafters of the 1978 Bankruptcy Code: more positively established the distinction between the term 'case' initiated by a Title 11 USC petition under Chapter 3 and the term 'proceeding.'

Cottini v. Blanchard (In re Blanchard)

516 B.R. 11 · United States Bankruptcy Court, N.D. New York · Aug 22, 2014

When asked if he was qualified to act as the general contractor based on his design experience he answered, “I thought so.” (Trial Tr. 13.) … In no case shall the “extreme penalty” of denying a discharge be invoked when the debtor’s failings are clearly unconnected with the bankruptcy proceeding. Id. at *3.

American Security Bank, N. A. v. Robson (In Re Robson)

10 B.R. 362 · United States Bankruptcy Court, N.D. Alabama · Feb 3, 1981

Section 361 lists the means by which “adequate protection” may be given to a party entitled to this immunity from loss. … produced by the bank may simply have left unresolved the question of whether the debtor had any equity in the property, and *367 the bank would still be entitled to relief under Subsection (d)(1), if the debtor failed to establish

Taylor v. Lineberry (In Re Lineberry)

55 B.R. 510 · United States Bankruptcy Court, W.D. Kentucky · Nov 19, 1985

In the instant case, issues under Section 727 have been raised which, if established, would make moot a determination of the Section 523(a)(5) challenge. … The petitioner convincingly and conclusively accounted for every penny of the $24,353.65, and the calculations submitted by her as a qualified expert remain unrefuted and unchallenged.

Lebovits v. Chase Manhattan Bank (In Re Lebovits)

223 B.R. 265 · United States Bankruptcy Court, E.D. New York · Aug 5, 1998

Clearly, the Debtor cannot maintain a minimal standard of living for himself and his dependents if he is required to continue the monthly Student Loan payments. … In fact, if a portion of the $700 monthly tuition paid to the parochial schools the children attend would .qualify as charitable tithing, this sum could not be included in tallying the Debtor’s income. 11 U.S.C. § 548 (d)

Shaver Motors, Inc. v. Mills (In Re Mills)

111 B.R. 186 · United States Bankruptcy Court, N.D. Indiana · Dec 29, 1988

Discharge clearly cannot be denied based on § 523(a)(4). There was no showing of an express or technical trust established by agreement or statute prior to the wrongful acts complained of. See, Miller et. al. v. … Grant, 481 F.2d 664 (4th Cir.1973) clearly is applicable here.

Youngman v. Bursztyn (In Re Bursztyn)

366 B.R. 353 · United States Bankruptcy Court, D. New Jersey · Apr 10, 2007

Clearly, under the facts herein, if an inspection was to be allowed, prior notice could not be given to this Debtor. … Clearly, a bankruptcy trustee does not satisfy the definition of a federal law enforcement officer under Federal Rule of Criminal Procedure 41 for the following three reasons: (1) a bankruptcy trustee is not an “agent” of

In Re Rybka

339 B.R. 464 · United States Bankruptcy Court, N.D. Illinois · Mar 20, 2006

Moreover, cases uniformly state that § 326(a) establishes only a cap or limit and is not a grant or entitlement. … The Trustee’s calculations are clearly in error. The amount remaining from the original figure, once the $5,000.00 and $45,000,00 figures are subtracted, is $101,963.01.

Williams v. McNabb (In re McNabb)

567 B.R. 326 · United States Bankruptcy Court, W.D. Tennessee · May 5, 2017

Consequently, she is clearly a “creditor” within the meaning of §§ 101 and 547. … “[T]he mere existence of a family relationship will not establish an ordinary course.

In Re Elmendorf

345 B.R. 486 · United States Bankruptcy Court, S.D. New York · Jul 18, 2006

In order to qualify for a § 109(h) “extension,” debtor must make a compound showing that each of the subsections of § 109(h)(3)(A) are satisfied. … When read together, §§ 109(h), 301 and 362(a) establish that no stay can exist for debtors who fail to obtain the required credit counseling or qualify for an exception. See Salazar, supra, at 626 .

Stevens v. SunTrust Mortgage, Inc. (In re Stevens)

581 B.R. 534 · United States Bankruptcy Court, N.D. Ohio · Feb 5, 2015

Ohio Sept. 23, 2008) (“Clearly, fixtures constitute real property under Ohio law.”). Accordingly, the holding in Davis does not support SunTrust’s contention that escrow funds constitute real property. … The Abdosh opinion does not address whether escrow funds also qualify as real property, as mandated by § 1322(b)(2) and Sixth Circuit precedent.

Hermitage Inn Real Estate Holding Company, LLC and Hermitage Club, LLC

United States Bankruptcy Court, D. Vermont · Nov 9, 2020

The Trustee provided notice to Appellant and others of the Bidding Procedures Order which established March 16, 2020 as the deadline to object to the Sales Motions or make a qualified bid. … Appellant argues that the Bankruptcy Court clearly erred in the Sale Order by failing “to make any factual findings regarding the insider status of the Member Group in summarily concluding that the Member Group qualifies

McElwee v. Scarff Bros. (In re McElwee)

469 B.R. 566 · United States Bankruptcy Court, M.D. Pennsylvania · May 3, 2012

The Supreme Court noted that bankruptcy judges are appointed for fourteen year terms and their salaries are not immune from diminution by Congress. … Claim 11-2 clearly included a default interest rate in the itemization of its claim.