Case law

In Re Bellwoar

302 B.R. 346 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 17, 2003

This Court has previously determined that virtually ah of Bellwoar’s assets are exempt under Pennsylvania state law in that they consist of funds in a qualified retirement account and property owned by her as a tenant by … Bellwoar is clearly an individual eligible to have commenced a voluntary Chapter 7 bankruptcy case under § 109 of the Bankruptcy Code. The thrust of the instant challenge to Mrs.

In Re Millennium Global Emerging Credit Master Fund Ltd.

458 B.R. 63 · United States Bankruptcy Court, S.D. New York · Aug 26, 2011

in Bermuda was clearly disclosed in the Offering Memorandum, investors could have reasonably expected that Bermuda was likely to be the venue of any proceeding to wind up or liquidate the Funds. … The Delaware Fund was incorporated in Delaware to facilitate investments by qualified residents of the United States.

In Re Drexel Burnham Lambert Group Inc.

134 B.R. 482 · United States Bankruptcy Court, S.D. New York · May 24, 1991

Only expenditures which clearly benefit the estate will be afforded administrative expense status. Trustees Amalgamated Insurance Fund v. … The Funding Agreements clearly provide that DCC will share with Investors investment banking and other fees earned by it in connection with the activities of the Fund.

In Re Rose

314 B.R. 663 · United States Bankruptcy Court, E.D. Tennessee · Aug 18, 2004

Clearly, the Bankruptcy Clause authorizes Congress to establish laws governing the conduct of attorneys who file bankruptcy documents commencing bankruptcy cases for debtors. … Clearly, the evidence before the court establishes that Ms. Motley has engaged in activities that far exceed those offered by a mere typist, leading the court to its concerns regarding the unauthorized practice of law.

Colin v. Manufacturers Hanover Trust Co. (In Re Colin)

35 B.R. 904 · United States Bankruptcy Court, S.D. New York · Dec 19, 1983

a nominal party in the state court action, collectively establish the requisite “cause” for lifting the stay under sections 362(d)(1) and (d)(2). … The court’s examination focused on whether, as a trustee, the debtor qualified for chapter 13 relief as “an individual with regular income”. Id. at 902 ; see 11 U.S.C. § 109 (e).

Rollert Co. v. Charter Crude Oil Co. (In Re Charter Co.)

50 B.R. 57 · United States Bankruptcy Court, W.D. Texas · Apr 16, 1985

Prior to the filing of the bankruptcy petition, CCOC as Florida corporations qualified to do business in the State of Texas engaged in the purchase of crude oil produced from certain oil wells located in the State of Texas … Additionally, Marin and its progeny allowing unconditional intervention by Creditors’ Committees under Section 1109(b) are situations clearly distinguishable from this proceeding.

Britton v. Fessler & Bowman, Inc. (In Re Britton)

66 B.R. 572 · United States Bankruptcy Court, E.D. Michigan · Oct 30, 1986

That case established a three-step process for determining the appropriate statute of limitations to be applied. … Whether the plaintiff has established these elements will be decided at trial. 8 . The court’s opinion in Chrysler Corp. v.

Cara Corp. v. Continental Bank (In Re Cara Corp.)

148 B.R. 760 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 23, 1992

Clearly, there is no evidence that the Debtor expected to be paid by the Bank for continuing to do business with Wood. … The evidence clearly establishes that the Debtor did not inquire of the Bank as to the particular financial status of Wood.

Schieffler v. Pulaski Bank & Trust Co. (In Re Molitor)

183 B.R. 547 · United States Bankruptcy Court, E.D. Arkansas · Mar 15, 1995

This establishes that the scope of this stay is not limited to proceedings for a monetary recovery against the debtor. … The word revocable is scratched out of the caption, however, the provisions of paragraph 2.2 of the trust clearly made the trust revocable during Josephine S. Molitor’s lifetime. 2 .

Osherow v. Porras (In Re Porras)

312 B.R. 81 · United States Bankruptcy Court, W.D. Texas · May 26, 2004

The Trust and/or Blakley clearly should be in possession or control of such documents if they exist. … Under the rules of construction, this clause clearly creates a vested remainder subject to a condition subsequent.” McGill, 799 S.W.2d at 675 .

In Re Sgaverdea

377 B.R. 308 · United States Bankruptcy Court, D. New Mexico · Oct 23, 2007

A briefing schedule was established on the calculation of quarterly fees. Dockets 81 and 82. … follow this broad view because it is consistent with the plain meaning of the term and with the statute’s revenue generating purpose. 11 “Disbursement” means “money paid out; expenditure;” and “payment.” 12 And, Congress clearly

Stanley v. Krogstad (In Re Petro-Serve Ltd.)

97 B.R. 856 · United States Bankruptcy Court, S.D. Mississippi · Mar 10, 1989

There is no evidence that establishes or tends to prove either impropriety or wrongdoing or disadvantage or prejudice to any party. In fact, the evidence establishes the opposite. The facts pass the smell test. … Akin, Gump will be relieved of its duties as soon as qualified counsel can be retained and given sufficient background information.

Matter of Belton Inns, Inc.

71 B.R. 811 · United States Bankruptcy Court, S.D. Iowa · Feb 6, 1987

Section 363(f) clearly authorizes such a sale only by the trustee or debtor-in-possession and only if one of the five statutory conditions is met. See, Matter of Stroud Wholesale, Inc., 47 B.R. 999 (D.C. *816 N.C.1985). … In the present case, the debtor has failed to establish that the property is necessary for an effective reorganization.

Ferguson v. Zering (In re Zering)

560 B.R. 671 · United States Bankruptcy Court, M.D. North Carolina · Nov 2, 2016

The record clearly establishes that the Connecticut Property was not the Debtor’s usual place of dwelling or abode, as he last lived there in November 2014. … Clearly, a post office box does not qualify as a dwelling or abode, and the 250 Sugar Gum Lane Property does not receive United States mail service.

Pryor v. New York (In re Waring)

491 B.R. 324 · United States Bankruptcy Court, E.D. New York · May 1, 2013

Pryor, Esq., was appointed and duly qualified as Trustee of Debtors’ estate. On December 19, 2011, the Trustee sent a letter to NYS demanding that it return the Payment, [dkt item 1, Ex. … So the return and payment were clearly timely and therefore the $7,067.00 was not applied to an antecedent debt but was instead a contemporaneous exchange between the two parties. Id. (emphasis added).

Hunter v. St. Vincent Medical Center (In Re Parkview Hospital)

211 B.R. 619 · United States Bankruptcy Court, N.D. Ohio · Jan 31, 1997

Competition for qualified young doctors is great throughout the country. The Research Activity Fund helps Parkview to be competitive in recruiting its professional talent. … area is also clearly a charitable purpose. 4 .

In Re Orthopaedic Technology, Inc.

97 B.R. 596 · United States Bankruptcy Court, D. Colorado · Mar 1, 1989

Therefore, work to be performed does not qualify for actual services rendered. The above analysis must be applied to the request for compensation for the services performed by the Trustee as well. … The Trustee’s charge of $.50 per copy is clearly unreasonable in light of the reported fee application cases.

Devon Mobile Communications Liquidating Trust v. Adelphia Communications Corp. (In Re Adelphia Communications Corp.)

338 B.R. 546 · United States Bankruptcy Court, S.D. New York · Jun 10, 2005

The Liquidating Trust is the successor in interest to Devon and was established pursuant to an October 1, 2003 Order (the “Devon Confirmation Order”) of the United States Bankruptcy Court for the District of Delaware in In … The Court qualifies its ruling by explicitly stating that in order to satisfy the requirements of Rule 34(b) any archived documents produced must be thoroughly indexed, the boxes accurately labeled and the depository kept

Walsh v. West Virginia (In Re Security Gas & Oil, Inc.)

70 B.R. 786 · United States Bankruptcy Court, N.D. California · Mar 11, 1987

The effect of an *793 exception is not to make the action immune from injunction. The court has ample other powers to stay actions not covered by the automatic stay. … SGO can prevail on this motion only by establishing that West Virginia should be enjoined under section 105 from enforcing its environmental laws, or by establishing that SGO is not required to reclaim the abandoned wells

In Re Northport Marina Associates

136 B.R. 911 · United States Bankruptcy Court, E.D. New York · Feb 5, 1992

Of course, revenue from any building leases qualifies as rent. … At best, Section 544 in this context establishes priorities.