Case law

In Re Thymewood Apartments, Ltd.

129 B.R. 505 · United States Bankruptcy Court, S.D. Ohio · Jun 28, 1991

Retroactivity Under Florida Law Generally Florida law establishes that a newly enacted law applies only prospectively unless the legislature clearly indicates otherwise. Walker & La Berge Inc., v. … From a reading of the entire agreement the parties clearly did not intend to separate the rents from the underlying property.

Halverson v. U.S. Department of Education (In Re Halverson)

401 B.R. 378 · United States Bankruptcy Court, D. Minnesota · Feb 12, 2009

The marriage is clearly troubled already, and divorce is a real possibility. Should the couple divorce, Halverson would receive nothing from Wolter for support. … ECMC further argues that Halverson could afford the ICRP by working full-time, but Halverson has been unsuccessful in his search for full-time work in the area for which his degrees qualify him.

National Union Fire Insurance v. Timothy D. (In re Timothy D.)

510 B.R. 172 · United States Bankruptcy Court, N.D. Illinois · Apr 30, 2014

company’s failure to record the Mortgage rendered it utterly invalid; (2) only their wholly-owned company, Nevelco, Inc., should be bound by the Note and Mortgage that the Debtors both signed individually; (3) the Debtors are immune … Accordingly, the principles set forth in Haas clearly apply, and the Court rejects as a matter of law the Debtors’ contention that it was not obligated under the due-on-sale clause of the Mortgage because it was not timely

In Re Roberts

98 B.R. 664 · United States Bankruptcy Court, D. Vermont · Mar 31, 1989

created under Rule 3002(c), save certain explicit circumstances permitting enlargement under Rule 3002(c)’s subsections, we also hold that a Rule 3002(c)(5) proof of claim, by its nature and because of its nature, does not qualify … We make clear that Owen does not formally move to enlarge, or to extend, the bar date, and rightly so — such a motion, here, would clearly fail under Rules 9006(b) and 3002(c).

In re Campbell

513 B.R. 846 · United States Bankruptcy Court, S.D. New York · Jul 29, 2014

To qualify as a cure amount, the interest and charges proposed must be both (1) required under the original agreement, and (2) not prohibited by state law. Id. … Clearly action by the Mortgagee was required in order to accelerate the debt, and there was no automatic acceleration as a consequence of a payment default.

Chudzinski v. Hanif (In re Hanif)

530 B.R. 655 · United States Bankruptcy Court, E.D. Michigan · Apr 30, 2015

In the present case, Plaintiff has clearly filed a Motion for Summary Judgment. … The Sixth Circuit Court of Appeals has further qualified that a willful and malicious injury occurs only if the debtor (1) desires “to cause the consequences of this act, or” (2) “believes those consequences are substantially

Keilig v. Massachusetts Higher Education Assistance Corp. (In Re LaFlamme)

188 B.R. 867 · United States Bankruptcy Court, D. New Hampshire · Oct 31, 1995

The recent trend of the United States Supreme Court has clearly been to restrict courts to the literal language of a statute, unless a court can find that the literal interpretation is absurd in its result or that there are … He was also ordered to pay these student loans that were obtained by the debt- or on her signature alone since her husband had defaulted in the past on a student loan and would not be qualified himself to obtain such a loan

Garland v. United States (In Re Garland)

385 B.R. 280 · United States Bankruptcy Court, E.D. Oklahoma · Mar 31, 2008

It appears to the Court that the house has been transferred so many times as to qualify for platinum status in most frequent flyer programs. … To qualify for a mortgage on the Residence, the mortgage company required that Douglas have access to funds sufficient to make the monthly payments.

Levine v. Ward (In Re Ward)

425 B.R. 507 · United States Bankruptcy Court, E.D. Wisconsin · Mar 15, 2010

Representations or promises to do future actions do not qualify unless debtor never intended to perform.” … Accordingly, the evidence established that the plaintiffs were the “owners” of the Property, and thus established the first element necessary to demonstrate that a trust existed. b.Paid monies The evidence also established

Mazzei v. Winnecour (In re Mazzei)

522 B.R. 113 · United States Bankruptcy Court, W.D. Pennsylvania · Nov 11, 2014

By virtue of the sale structure, most of the fees MLH seeks are excluded from the ambit of improper fee sharing, but not all of the fees are immune. … Mazzei all of a sudden today said, "There is nothing here,” I could sue him saying there’s clearly a relationship. There’s clearly an intended action.”); see also May 30 Trans, at 74:21-75:13 ("...

HLI Creditor Trust v. Metal Technologies Inc. (In re Hayes Lemmerz International, Inc.)

337 B.R. 49 · United States Bankruptcy Court, D. Delaware · Jan 26, 2006

The remaining 12 invoices, which were paid by Check Number 9897, are clearly outside the normal range established during the parties business relationship, and the Court finds and concludes that the portion of the eighth … An additional $40,974.64 of goods provided by Defendant does not qualify for the new value defense because the goods were provided prior to any preferential transfer against which the new value could be credited. .Pursuant

Longhorn Partners Pipeline L.P. v. KM Liquids Terminals, L.L.C.

408 B.R. 90 · United States Bankruptcy Court, S.D. Texas · Jun 30, 2009

To establish “good cause,” the movant must “clearly demonstrate that a transfer is ‘[for] the convenience of parties and witnesses, in the interest of justice.’ ” Id. … The proposed sale’s immunity from this adversary proceeding was further demonstrated by Mr. Barrow’s testimony regarding the sale process. Mr.

Rhiel v. Ohio Health Corp. (In Re Guikema)

363 B.R. 853 · United States Bankruptcy Court, S.D. Ohio · Mar 19, 2007

While Grady may not be the administrator of a retirement plan denominated “Grady Memorial Hospital 403(b) Plan,” there is no question that Grady established a tax-deferred annuity arrangement under Internal Revenue Code § … ha[d] an interest in maintaining the tax qualified status of th[e] plan”).

In Re Nutritional Sourcing Corp.

398 B.R. 816 · United States Bankruptcy Court, D. Delaware · Dec 23, 2008

A party and its employees may certainly be qualified to give expert testimony, and each of the witnesses here appears to have spent some time in the textile or apparel industries, but none was offered or qualified as an expert … Expert testimony is not absolutely required to establish a specific trade meaning usage.

Bank of New York Mellon v. Jefferson County (In re Jefferson County)

503 B.R. 849 · United States Bankruptcy Court, N.D. Alabama · Jul 3, 2013

Alabama’s courts have set forth a framework to be followed once an ambiguity in meaning of an agreement is established by a court. … This is a “problem inherent in all verbal analysis” alluded to in footnote three from which this *899 judge’s writings and analysis are not immune.

Kessel v. Kessel (In Re Kessel)

261 B.R. 902 · United States Bankruptcy Court, E.D. Texas · Apr 20, 2001

These support payments undertaken by DANIEL WESLEY KESSEL, Paying Party, are intended to qualify as contractual alimony as that term is defined in section 71(a) of the Internal Revenue Code of 1985 (“the Code”), as amended … However, the basis for this valuation was never clearly articulated by either part}'.

Discount Home Center, Inc. v. Turner (In Re Turner)

134 B.R. 646 · United States Bankruptcy Court, N.D. Oklahoma · Dec 4, 1991

This states the criteria established by prior cases, without observing that they are (or can be) two different criteria. Davis v. … This clearly includes voluntary trusts whether “express” or implied in fact; and clearly excludes constructive trusts ex ma-leficio. It does not clearly include or exclude resulting and statutory trusts. Mr.

Maddux v. Midland Credit Management, Inc.

567 B.R. 489 · United States Bankruptcy Court, E.D. Virginia · Dec 1, 2016

Midland’s final witness was Barry Isaac Strickland (“Strickland”), a certified public accountant, who was designated and duly qualified as an expert witness. … The supporting documents provided by Midland for each of the Midland Claims clearly indicated that there was an interest component in the claims.

In Re Coala, Inc.

182 B.R. 887 · United States Bankruptcy Court, N.D. Alabama · May 24, 1995

While the corporate veil clearly may be pierced to subject the assets of individual stockholders to the payment of corporate obligations, the legal basis for subjecting the assets of the corporation to the satisfaction of … As stated by the Supreme Court of Alabama: The doctrine is well established, and obtains both in law and equity, that a corporation is a distinct entity, to be considered separate and apart from the individuals who compose

Nagel Precision Inc. v. RnD Engineering, LLC (In re RnD Engineering, LLC)

546 B.R. 738 · United States Bankruptcy Court, E.D. Michigan · Mar 1, 2016

According to Eby, the assembly drawings clearly show a one sided plate design, a one way clutch and a mechanical linkage between the movement of the tooling and the indexing of the tape. … To be sure, the evidence clearly shows that Digue and RnD competed with Nagel for business after December, 2011.