Case law

In re Motors Liquidation Co.

591 B.R. 501 · United States Bankruptcy Court, S.D. New York · Sep 24, 2018

While section 706(a) gives the debtor a right to convert the case, section 706(d) mandates that the debtor qualify as a "debtor" under chapter 13. … Courts estimate potential aggregate future liabilities at the pre-confirmation stage, often to establish a reserve and set up a channeling injunction directing present and future claims to a trust established pursuant to

In Re Molina Y Vedia

150 B.R. 393 · United States Bankruptcy Court, S.D. Texas · Jul 15, 1992

Molina’s income grew, requiring management decisions aimed at establishing profitable investments and reducing income tax liability. … Consequently, under Herberman , although a doctor’s postpetition billings may be “earnings from services performed by an individual debtor after the commencement of the case,” they fail to qualify for the earnings exception

In Re Rivers

19 B.R. 438 · United States Bankruptcy Court, E.D. Tennessee · Apr 14, 1982

(3) Despite Article III, § 1, Congress can establish courts whose judges do not have constitutional tenure. … It must be remembered that the Constitution was meant to establish a workable system of government.

Deborah J. Piazza, as Chapter 7 Trustee of Poonam v. Keswani

United States Bankruptcy Court, S.D. New York · Mar 16, 2021

Piazza was appointed chapter 7 trustee for the Debtor's estate and qualified for and accepted that appointment. … As support for the latter request, the Debtor asserts that “no proof has surfaced from Deborah Piazza establishing which creditors she paid the money to.” Id. ¶ 14.

Broward Title Co. v. Jacobs (In Re Apponline.com, Inc.)

285 B.R. 805 · United States Bankruptcy Court, E.D. New York · Dec 4, 2002

In order to qualify as holders in due course, both RMST and Matrix must establish by a preponderance of the evidence that they are: 1) holders; 2) of negotiable instruments; 3) who took the notes for value; 4) in good faith … Therefore, RMST and Matrix qualify as holders in due course of the Cicerón Note and the Amarante Note, respectively.

Ganis Corp. of California v. Jackson (In Re Jackson)

89 B.R. 308 · United States Bankruptcy Court, D. Massachusetts · Aug 12, 1988

Additionally, the marine insurance provided for the “School Master” provides: “Privilege granted for occasional charter with qualified captain in command of vessel; specifically, however, excluding charter on a per passenger … The Court notes that in In re Daboul, 85 B.R 197 (Bankr.D.Mass.1988), the court held that the burden of proof for establishing fraud in both state and bankruptcy cases was the preponderance of the evidence standard.

In Re Williams

26 B.R. 741 · United States Bankruptcy Court, M.D. Tennessee · Nov 23, 1982

The report shall be filed with the court no later than 15 days after the trustee qualifies. … The court concurs with Judge Bare’s assessment that, as a general rule, the 15-day time limitation must be followed to establish some finality to the debtor’s exemption selections. 7 .

In Re Raytech Corp.

206 B.R. 646 · United States Bankruptcy Court, D. Connecticut · Mar 31, 1997

Such a disincentive will unfairly limit the qualified rights of clients to choose attorneys in bankruptcy cases, and perhaps of greater concern, it will interfere with the rehabilitation prospects of debtors hoping to continue … That result is clearly not contemplated by the drafters of the code: Bankruptcy specialists, who enable the system to operate smoothly, efficiently, and expeditiously, would be driven elsewhere, and the bankruptcy field would

In Re Passafiume

242 B.R. 630 · United States Bankruptcy Court, W.D. Kentucky · Jul 30, 1999

This would hardly seem to qualify as being part of “the same transaction.” … The Sluss Court went on to state that Harris could not avail himself of the § 553 set-off provisions, either, as his “debt to the debtor for renewal commissions is clearly a post-petition debt.” Id. at 603.

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.

Zazzali v. 1031 Exchange Group (In re DBSI, Inc.)

478 B.R. 192 · United States Bankruptcy Court, D. Delaware · Aug 14, 2012

Plaintiff’s Choice of Forum It is well-established that the plaintiffs choice of forum “should not be lightly disturbed.” Jumara, 55 F.3d at 879 . … This is a mischaracterization of the opinion, however, as I clearly stated about the avoidance action in that case: “The essential transactions simply involved the sending and receiving of invoices and checks.” Id.

Woodson v. Ford Motor Credit Co. (In Re Thompson)

101 B.R. 658 · United States Bankruptcy Court, N.D. Oklahoma · Jul 5, 1989

In most cases, qualifying for a lease is no different than qualifying to finance a vehicle’ ” and describes the lease as “an alternative to financing ... new cars.” … Thus far, it appears that these leases place all incidents of ownership in the lessee, but do not clearly establish an equity in the lessee nor extinguish the lessor’s reversion as a matter of law.

In Re On-Site Sourcing, Inc.

412 B.R. 817 · United States Bankruptcy Court, E.D. Virginia · Jun 22, 2009

The minimum bid for any qualified bidder was $28,810,000 so that the break-up fee and expenses would be covered if there were another successful bidder. Thereafter, the bidding increment was $500,000. … In addition, a general unsecured creditors trust was to be established.

In re Thomas

331 B.R. 798 · United States Bankruptcy Court, W.D. Arkansas · Jul 7, 2005

Under this ruling, the IRA and annuity are clearly property of the estate. Furthermore, since the Debtor has elected to claim the state exemptions, he may not exempt the funds at issue. See Rousey v. … At the time a divorce decree is entered, the court will distribute all marital property equitably, according to the guidelines established by statute. Ark.Code Ann. § 9-12-315(a) (Michie 2002).

Davidson v. Bank of New England, N.A. (In re Hollis)

86 B.R. 152 · United States Bankruptcy Court, E.D. Arkansas · Apr 25, 1988

Clearly, whatever I decide can be supported by case law. The trick is to do justice.” In re Furimsky, 40 B.R. 350, 354 (Bkrptcy.D.Ariz.1984). … Charles Darwin Davidson is the duly appointed acting and qualified Bankruptcy Trustee in this Chapter 11 proceeding. 2. Defendant is a national banking association based in Boston, Massachusetts. 3.

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 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 New Hampshire Electric Cooperative, Inc.

146 B.R. 890 · United States Bankruptcy Court, D. New Hampshire · Sep 21, 1992

It is of course well-established that expenses reimbursable under § 330(a)(2) cannot include any profit or mark-up factor. … reference to existing customs and practices outside the bankruptcy court arena is relevant, at least in a sense of assuring that bankruptcy court compensation allowances are not “so far off base” as to seriously discourage qualified

In Re Kloberdanz

83 B.R. 767 · United States Bankruptcy Court, D. Colorado · Feb 22, 1988

The Debtors, however, presented the only written, complete, and reasonably reliable appraisal report, with supporting testimony, by a qualified expert witness, Mr. Robert P. … Blach qualified as an expert in both real property and farm appraisals, as well as in farm management and operations.

Fonseca v. Government Employees Ass'n (In re Fonseca)

534 B.R. 261 · United States Bankruptcy Court, D. Puerto Rico · May 7, 2015

Law No. 133 specifically grants the association the power to grant personal loans to members, with such security and margin as established by regulation. … The two letters sent by AEELA to the Municipality of Caguas clearly stated that they were not an attempt to collect on plaintiffs’ personal debts but to collect against the collateral “in rem.”