Case law

In Re Heck

355 B.R. 813 · United States Bankruptcy Court, D. Kansas · Oct 24, 2006

engagement ring is not property of the Debtor’s bankruptcy estate, and its value is therefore irrelevant to this case, and (2) the Debtor’s plan cannot be confirmed because she does not have sufficient regular income to qualify … Furthermore, the Bankruptcy Code clearly establishes exceptions to the general policy of distributing property to creditors.

Matthew Guy Landgraf

United States Bankruptcy Court, N.D. Texas · Sep 29, 2020

Neither the Texas Constitution nor the Texas Property Code clearly defines what is meant by “homestead.”66 In the case law, however, it has generally been described as “the dwelling house constituting the family residence … Section 41.0021(b) does not establish a new, different set of occupancy and use rules applicable only to settlors and beneficiaries of qualifying trusts.

Walkup v. First Interstate (In Re Walkup)

183 B.R. 884 · United States Bankruptcy Court, E.D. California · May 2, 1995

After a contested hearing, the court established the value of the property at $130,000. … All future statutoiy references are to the Bankruptcy Code, 11 U.S.C. § 101 , et seq. 2 .The amounts secured by the various IRS liens have not been established.

Everwed Co. v. Ayers (In Re Ayers)

25 B.R. 762 · United States Bankruptcy Court, M.D. Tennessee · May 4, 1982

It is clear from the pertinent legislative history of § 523(a)(4) that “while acting in a fiduciary capacity” only qualifies “fraud *774 or defalcation.” Quarles Oil Company, Inc. v. … In the instant case, the sale of the 1978 Ford Mustang was clearly unauthorized by the Bank.

MedSci Diagnostics, Inc. v. State Insurance Fund Corp., through its Administrator Zoime Alvarez Rubio, et als

United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2011

The Court denies the request to dismiss the complaint on sovereign immunity grounds 10 | for the reasons stated in open court. 3. … Certainly, the time frames set under Puerto Rico law are a sound 7 guideline to establish the maximum time for processing the invoices.

Lohmeyer v. Alvin's Jewelers (In Re Lohmeyer)

365 B.R. 746 · United States Bankruptcy Court, N.D. Ohio · Mar 13, 2007

Standing is a “qualifying hurdle that plaintiffs must satisfy even if raised sua sponte by the court,” id., because Article III of the United States Constitution limits the jurisdiction of federal courts to actual cases and … “It is clearly established that ‘[ajllegations of possible future injury do not satisfy the requirements of Art. III. A threatened injury must be certainly impending to constitute injury in fact.’ ” Rosen v.

Congress Financial Corp. v. Levitan (In Re Levitan)

46 B.R. 380 · United States Bankruptcy Court, E.D. New York · Feb 14, 1985

They do not clearly and convincingly divest Halcolite of ownership of the collateral. … The assignment of Halcolite’s interest in the collateral was qualified: the agreements do not divest Halcolite of its ownership of the property.

KGB International, Inc. v. Watford (In Re Watford)

374 B.R. 184 · United States Bankruptcy Court, M.D. North Carolina · Aug 9, 2007

“Whether a debtor qualifies as a fiduciary for purposes of § 523(a)(4) is a question of federal law.” In re Masdea, 307 B.R. at 472 (citing Blyler v. … Southern Solutions’ use of PACA Trust Assets to pay Cunningham was clearly a defalcation within the meaning of Section 523(a)(4).

In Re Mushroom Transportation Co.

78 B.R. 754 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 21, 1987

In addition to establishing the federal substantive right to assume or reject, section 365 establishes procedures for exercising this decision, requires court approval for assumption, see e.g., In re Walat Farms, Inc., 69 … Boyle, 768 F.2d 1489 , 1494 n. 6 (D.C.Cir.1985): We agree that because UC assumed the leases, payments necessary to cure its default before assumption and to satisfy its obligations after assumption qualify as expenses of

Landmark Credit Union v. Reichartz (In re Reichartz)

529 B.R. 696 · United States Bankruptcy Court, E.D. Wisconsin · Apr 20, 2015

Van Horne (In re Van Horne), 823 F.2d 1285, 1288 (8th Cir.1987) (“Clearly, the Bankruptcy Code did not intend to protect property obtained by ‘de *700 ceit, artifice, trick [or] design.’ … But in essence, the transaction is the same: obtaining loans for someone else who could not qualify for those loans, without bothering to tell the creditor.

In re Martin

497 B.R. 349 · United States Bankruptcy Court, M.D. Florida · Sep 17, 2013

In order for a Chapter 11 plan to be confirmed, the proponent of the plan— typically the debtor — has the burden of establishing the requirements enumerated in § 1129(a)(1) — (16). … Many individuals file Chapter 11 cases because they do not qualify for Chapter 13 because of the debt limitations contained in § 109(e).

In Re Smith

415 B.R. 222 · United States Bankruptcy Court, N.D. Texas · Sep 3, 2009

Smith’s list of qualifying creditors leaves just the four undisputed creditors of Mr. Rhodes, making the one-creditor provision of § 303(b)(2) applicable. … However, because the arithmetic from this Court’s analysis leads to the conclusion that there are only four holders of qualifying claims against Mr.

Friedman v. Drucker (In Re Sofro)

117 B.R. 745 · United States Bankruptcy Court, S.D. Florida. · Aug 10, 1990

PLAINTIFF was duly appointed and is the qualified and acting trustee of all of the aforesaid estates by order of Court dated March 7, 1989. … At that hearing, PLAINTIFF’S counsel established that on approximately 32 occasions during DEFENDANT’S Rule 2004 Examination, when questioned about his failure to produce certain documents, books and records of account, DEFENDANT

McDonnell v. Gilbert

United States Bankruptcy Court, D. New Jersey · Aug 23, 2022

In other words, does the term “ERISA-qualified,” as used by the Court in mean “tax-qualified.” … To prevail, the Trustee must initially establish that a “transfer of an interest of the debtor in property” occurred.

Stephen C Jenkins

United States Bankruptcy Court, N.D. Texas · Apr 17, 2020

the homestead status of property.42 In addition to establishing the existence of a present possessory right or interest in the property at issue, the homestead claimant must also establish the “homestead” nature of the … In the Debtor’s case, the testimony was clear that, while the Debtor and the Jenkins Children clearly agreed to and effectuated a transfer of the Tremont Property to the Jenkins Children, they also clearly agreed to the

In Re Baum

386 B.R. 649 · United States Bankruptcy Court, N.D. Ohio · Feb 29, 2008

Debtor was clearly living beyond her means. … This latter exception is clearly inapplicable here; Ms. Baum was not gambling at charity functions. The Court cannot establish that any of the gambling sites at which Ms.

In Re Sky Valley, Inc.

135 B.R. 925 · United States Bankruptcy Court, N.D. Georgia · Jan 8, 1992

Anglin and Bill Mason clearly establishes that the commission from the sale of Debtor’s property was not intended to compensate Mr. Anglin for his professional services as real estate broker or agent. … Although the debtor’s attorney does not act as attorney for other professionals employed by the debtor, it is the debtor’s duty to employ qualified professionals; it is incumbent upon a debtor not to intentionally employ

Campo v. Sontag (In Re Sontag)

151 B.R. 664 · United States Bankruptcy Court, E.D. New York · Mar 18, 1993

Sontag, established the fair market value of the property at the time of sale to be $197,000. The property was actually sold at auction for $200,000.00. … It was clearly not the intention of the State Court that the Debtor be reimbursed for Mrs. Sontag’s occupation of the premises, thus leading this Court to conclude that Mrs.

In Re JOHNSON

241 B.R. 394 · United States Bankruptcy Court, E.D. Texas · Nov 16, 1999

There is no proof in the record even attempting to establish that the continued use of the Debtor’s income to repay this “loan” is a reasonable and necessary expenditure. … In both proposals, § 362(b) is amended to allow the continued withholding of income for payments to satisfy a loan made by certain qualified plans, § 523(a) is amended to make such a debt nondischargeable, and § 1322 is amended

Barber v. Production Credit Services of West Central Illinois (In Re KZK Livestock, Inc.)

290 B.R. 622 · United States Bankruptcy Court, C.D. Illinois · May 31, 2002

Clearly, it is not an opinion formulated by him after an audit or any search for the truth of the actual amount of the indebtedness. An expert’s testimony cannot be used to subvert rules of evidence. … In this matter, [the expert witness], a very well-qualified expert, offered honest and forthright testimony in good faith.