Case law

In re Wyly

553 B.R. 318 · United States Bankruptcy Court, N.D. Texas · Jun 29, 2016

As found in the Tax Memorandum Opinion, while using fewer entities, a similarly complex offshore system was established by Dee’s husband, Charles, at the same time that Sam’s offshore system was established. Id. at 67. … Generally, whether a property qualifies as a homestead is a fact question that is determined by the court as of the date of the debtor’s bankruptcy filing. AG Acceptance Corp. v.

In Re Jefley, Inc.

219 B.R. 88 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 3, 1998

included reductions in vacation times, holidays, and personal days; a freeze on employees’ pensions and health and welfare contributions; an increase from 16 hours to 20 hours in the minimum weekly work-time necessary to qualify … The balance .of the equities must clearly favor rejection of the collective bargaining agreement (footnote omitted). It is established in this Circuit that the burden of proving all nine elements falls upon the Debtor.

Van Curen v. Escamilla (In Re VEC Farms, LLC)

395 B.R. 674 · United States Bankruptcy Court, N.D. California · Sep 9, 2008

On November 19, 2004, the Court appointed John Van Curen as the trustee of this chapter 11 estate and he remains in place as the duly qualified and acting trustee (the “Trustee”). … Pro. § 664.6; approval by court does not immunize clause in settlement agreement that is otherwise illegal); Eising v.

Nickless v. Avnet, Inc. (In Re Century Electronics Manufacturing, Inc.)

310 B.R. 485 · United States Bankruptcy Court, D. Massachusetts · Jun 9, 2004

The court found nothing clearly inconsistent in the positions taken by the estate representative. … The “split” between the two lines of cases barely qualifies as such. As the Baker court noted, using one ap *493 proach over the other will often have no impact under the specific facts of a case.

In Re Bippert

311 B.R. 456 · United States Bankruptcy Court, W.D. Texas · May 27, 2004

Applying § 522(d)(ll)(D) The foregoing analysis has established, under the framework we have laid out for handling exemption claims in joint cases, that the bankruptcy estates of both Clyde and Sandra could have, as a matter … "Stacking” (or more properly, doubling) exemptions is clearly permissible.

Media House Productions, Inc. v. Amari (In re Amari)

483 B.R. 836 · United States Bankruptcy Court, N.D. Illinois · Nov 27, 2012

A “false pretense” is established or fostered *847 willfully, knowingly and by design; it is not the result of inadvertence. Id. … The term “acting in a fiduciary capacity” does not qualify the word “embezzlement” in § 523(a)(4), so any debt resulting from embezzlement falls within the exception.

Saracheck v. Crown Heights House of Glatt, Inc. (In re Agriprocessors, Inc.)

521 B.R. 292 · United States Bankruptcy Court, N.D. Iowa · Oct 22, 2014

Aaron Tzivin either admitted, or his testimony clearly revealed, that he provided little oversight in the process and thus, documentation and accounting was all done in hindsight. … Even if the Court assumed a loan arrangement could qualify as a contemporaneous exchange, the factual record establishes that was, in fact, not the practice of the parties.

In Re Heldor Industries, Inc.

131 B.R. 578 · United States Bankruptcy Court, D. New Jersey · Sep 6, 1991

The bankruptcy courts are empowered to approve sales of estate property free and clear of liens and other interests, and Congress clearly intended such sales to be final and unassailable. … qualified by other definitional statutes suggests that the Act contemplates improved real estate; indeed, the only logical reading of the statute is that the industrial establishment to which the act refers is improved real

In Re United States Lines, Inc.

199 B.R. 476 · United States Bankruptcy Court, S.D. New York · Aug 13, 1996

Unmatured Interest Section 502 of the Bankruptcy Code clearly provides that claims for unmatured interest shall not be allowed. … By modifying the term “interest” with the term “postpetition”, the Code qualifies its intent to limit the disallowance of interest to only that which accrues postpetition.

Louisiana Industrial Coatings, Inc. v. Pertuit (In Re Louisiana Industrial Coatings, Inc.)

31 B.R. 688 · United States Bankruptcy Court, E.D. Louisiana · Apr 25, 1983

To reiterate briefly, the evidence clearly established that LIC was in a negative capital position on the date of the stock redemption. … Again, the documentary evidence and testimony offered at trial clearly established that LIC was in a negative capital position both before and after the stock redemption.

Heritage Federal Credit Union v. Cox (In Re Cox)

162 B.R. 191 · United States Bankruptcy Court, C.D. Illinois · Dec 29, 1993

Upon notice of rescission, § 1635(b) clearly places the burden of first performance on the creditor, the party who has violated the law. … The loan was structured in the manner that it was because the DEBTORS did not qualify for a loan. Both the CREDITOR and the DEBTORS participated in the charade.

In re City of Detroit

504 B.R. 191 · United States Bankruptcy Court, E.D. Michigan · Dec 20, 2013

The suit was clearly an act to exercise control over the City’s property. … This argument arises from the fact that the City mysteriously declined to qualify its financial analysts as expert witnesses.

In re Long

553 B.R. 266 · United States Bankruptcy Court, M.D. Pennsylvania · Jun 24, 2016

Concerned about the growing disparity in services being offered for the no-look fee, the Court established a fee committee to study the matter and to make recommendations. … As the R & R Agreement clearly states, “ ‘presumptive reasonable fees’ are neither minimum nor maximum fees for Chapter 13 eases.” L.B.F., 2016-2(a).

In Re Farley Inc.

152 B.R. 516 · United States Bankruptcy Court, N.D. Illinois · Mar 10, 1993

To qualify for treatment of § 365(d)(3), a landlord must first establish that its claim against the debtor (i) arose post-petition (ii) under an unexpired lease of non-residential real property. … However, the initial issue presented here is whether a landlord must also establish that the debtor was a lessee on the unexpired lease.

Henkel v. Frese, Hansen, Anderson, Hueston, & Whitehead, P.A. (In Re Newgent Golf, Inc.)

402 B.R. 424 · United States Bankruptcy Court, M.D. Florida · Mar 2, 2009

Using the higher standard of proof, the trustee has demonstrated clearly and convincingly that during this case both MSM and the Firm, neither of who would qualify as custodians, held property subject to administration by … The Firm clearly could have sought permission or guidance from this Court, but did not.

In re James

489 B.R. 731 · United States Bankruptcy Court, E.D. Tennessee · Feb 22, 2013

Section 408 of the IRC establishes guidelines for tax-exempt status of retirement accounts for purposes of the IRS. See 26 U.S.C. § 408 . … In the absence of the usual words, a condition precedent may nonetheless be found to exist if the intent of the parties to create one is clearly manifested in the contract as a whole.

In Re Gotham

327 B.R. 65 · United States Bankruptcy Court, D. Massachusetts · Jun 27, 2005

Got *77 ham could qualify as a wage earner. Indeed, given Mr. Gotham’s prospects, he too may have trouble in qualifying. … Gotham incurred expenses that were clearly extravagant and unnecessary. These included the luxury linens and the handbags. She testified that she is contrite about those purchases and can no longer afford the same.

Motorcycle Excellence Group, Inc. v. BMW of North America, LLC (In Re Motorcycle Excellence Group, Inc.)

365 B.R. 370 · United States Bankruptcy Court, E.D. New York · Sep 6, 2006

Clearly, the record reflects the TRO, thereafter, expired December 1 st; as I indicated, Judge [Seybert] acknowledged this in the hearing on that date. … There can be no dispute but that [Section] 362 inures with respect to property of the estate, and the franchise agreement clearly is that. Hertz Affirm.

Brandy Lynn Marciniak

United States Bankruptcy Court, W.D. Pennsylvania · Jan 14, 2026

The Bankruptcy Code thus establishes a temporal structure. Early in the case, enforcement rights may be governed by the stay or by statutory exceptions to it. … This decision does not trivialize § 362(b)(22), excuse the Debtor’s petition error, or immunize the Debtor from eviction upon a post-confirmation default.

Greer v. Healthcare Financial Services, LLC (In re Greer)

498 B.R. 98 · United States Bankruptcy Court, S.D. Mississippi · Aug 19, 2013

Therefore, to establish an actionable violation of the automatic stay, the [debtors] must establish: (1) that [the creditor] knew of the existence of the stay; (2) that [the creditor’s] actions were willful; and (3) that … The Court will note that HFS has not presented any evidence in support of its assertion that the loan(s) in question are qualified student loans.