Case law

Gower v. Farmers Home Administration (In Re Davis)

20 B.R. 519 · United States Bankruptcy Court, M.D. Georgia · Jun 2, 1982

This letter clearly establishes that Defendant has a claim against the estate. 2. … This clearly establishes *523 that Defendant is a “major secured, as well as unsecured, creditor and establishes the fact that Defendant has a claim against the estate. 3.

Barbee v. Price Waterhouse, LLP (In Re Solar Financial Services, Inc.)

255 B.R. 801 · United States Bankruptcy Court, S.D. Florida. · Nov 28, 2000

DISCUSSION As a general rule, bankruptcy trustees are entitled to qualified judicial immunity for acts taken within their authority as an officer of the court. Royal Ins. Co. v. P.S.I. Agency, Inc. … The Court finds that that action alone qualifies the then Trustee, Barbee, for judicial immunity. Price Waterhouse contends that the Barton Doctrine is inapplicable to this case.

In Re Hashim

188 B.R. 633 · United States Bankruptcy Court, D. Arizona · Aug 15, 1995

Clearly this judgment is, in the strictest sense of the words, at least a right to payment, whether or not it remains disputed by debtors. … Comity is a well-established doctrine which is fundamentally identical under both English and American law.

In Re Amici

99 B.R. 100 · United States Bankruptcy Court, M.D. Florida · Apr 25, 1989

It is conceded that none of the real properties qualify for exemption as homestead. In addition, the Debtor also claimed as exempt personal property valued at $19,452.20. … Article X, § 4 of the Florida Constitution exempts property which qualifies to be a homestead of a claimant and Fla.

Schmitt v. Missouri Western State College (In Re Schmitt)

220 B.R. 68 · United States Bankruptcy Court, W.D. Missouri · Apr 30, 1998

And, even if states were to enact legislation waiving their sovereign immunity as to actions brought by bankruptcy debtors 30 , it is the bankruptcy courts, and not state courts, which are uniquely qualified to make such … To establish ... uniform laws on the subject of bankruptcies throughout the United States. 3 . 492 U.S. 96, 101-02 , 109 S.Ct. 2818, 2823 , 106 L.Ed.2d 76 (1989). 4 .

Newark Watershed Conservation & Development Corp. v. Watkins-Brashear (In re Newark Watershed Conservation & Development Corp.)

560 B.R. 129 · United States Bankruptcy Court, D. New Jersey · Jun 21, 2016

N.J.S.A. § 59:3-14(a) (“Public employee immunity; exception”) establishes a narrow exception to immunity: Nothing in this act shall exonerate a public employee from liability if it is established that his conduct was outside … Mason, 854 F.Supp. 1520, 1530-32 (D.Wyo.1994), that the defendant claiming the qualified immunity has the burden of proof.

Ortiz v. Aurora Health Care, Inc. (In Re Ortiz)

430 B.R. 523 · United States Bankruptcy Court, E.D. Wisconsin · Jun 11, 2010

Stat. § 148.82 clearly applies in judicial proceedings. … the statute: “The statute clearly indicates the legislature intended to modify absolute common law witness immunity in order to provide a remedy of damages against persons who violate the act.”

Hollis v. State Employees' Retirement System of Illinois (In Re Brenda Groves)

120 B.R. 956 · United States Bankruptcy Court, N.D. Illinois · Oct 23, 1990

In determining whether sovereign immunity constitutes a bar to these proceedings, the first question that must be addressed is whether SERS is covered by the state’s Eleventh Amendment immunity. … This trustee does not have to establish the existence of a debt owed by the state to the debtor to recover as the trustee did in his § 542(b) action in Hoffman .

In Re Sundance Corporation, Inc.

149 B.R. 641 · United States Bankruptcy Court, E.D. Washington · Jan 13, 1993

Judicial immunity was an established, essential element of the judicial power of the sovereign when the United States Constitution was adopted, and the concept is inherent in our judicial branch of government. … CERCLA’s language does not clearly and unequivocally waive federal judicial immunity and, in the absence of specific language to this effect, this court declines to interpret the statute as creating a serious constitutional

Henkel v. Lickman (In Re Lickman)

304 B.R. 897 · United States Bankruptcy Court, M.D. Florida · Feb 6, 2004

Dept. of Agriculture, 815 F.2d 368, 382-83 (5th Cir.1987)(“the Supreme Court noted that the protection afforded government officials by the doctrines of absolute and qualified immunity would be greatly depreciated if it did … Clearly, both Thompson and Shepherd were employed as his staff at the relevant time. 4 .

Moulton v. United States (In Re Moulton)

195 B.R. 954 · United States Bankruptcy Court, M.D. Florida · Mar 19, 1996

Clearly, if EAJA applies to litigation, no fines or sanctions can even be considered as the amended version of § 106, which waived the sovereign immunity and authorized the Court to “issue against. a governmental unit an … Clearly this special factor is merely illustrative and not the only one which a court may consider if further fee enhancement is warranted.

Burlington Motor Carriers Inc. v. Indiana Department of Revenue (In Re Burlington Motor Holdings Inc.)

242 B.R. 156 · United States Bankruptcy Court, D. Delaware · Dec 8, 1999

Corporation would not qualify for a refund under the state laws we reviewed. 4 The Motion for Reconsideration is denied with respect to this ground. … Cleveland County Board of County Commissioners, 41 F.3d 600 , 604 (10th Cir.1994) (“qualified and absolute immunity are affirmative defenses and must be pleaded”).

Kids World of America, Inc. v. Georgia (In re Kids World of America, Inc.)

341 B.R. 591 · United States Bankruptcy Court, W.D. Kentucky · May 9, 2006

The Defendant filed the present Summary Judgment motion claiming the Plaintiffs lawsuit is barred by the doctrine of sovereign immunity established by the Eleventh Amendment or that it was entitled to a judgment as a matter … Jellibeans, 252 Ga. 458, 459 , 314 S.E.2d 874 (1984), finding that a “Consent to Care” form signed by a patient upon admission to a state hospital was not sufficient to qualify as a written contract to defeat sovereign immunity

In Re ANR Advance Transportation Co.

288 B.R. 208 · United States Bankruptcy Court, E.D. Wisconsin · Dec 19, 2002

To be subject to such withdrawal liability, it must be established that such party holds at least an 80% stock ownership of the debtor. … Before the merger, Coastal Corporation would have qualified as a member of the “control group.”

In Re Continental Coin Corp.

380 B.R. 1 · United States Bankruptcy Court, C.D. California · Dec 11, 2007

A THEORY OF TRUSTEE LIABILITY .4 II.CASELAW ON THE ISSUE OF IMMUNITY FOR TRUSTEES. • A. The Position of Trustee Qualifies for Immunity. • B. … The terms immunity, absolute immunity, qualified immunity, qualified judicial immunity, quasi-judicial immunity, derived immunity, and judicial immunity sure use interchangeably in this memorandum. 9 . Theresa J.

Iannacone v. Trustees of Pillsbury Co. Stock Purchase & Investment Plan (In Re Hansen)

84 B.R. 598 · United States Bankruptcy Court, D. Minnesota · Oct 21, 1987

Subsequent cases have consistently held that a spendthrift trust in Minnesota is immune from claims of alimony or support. See Lamberton v. … This provision clearly shows that the Plan is more in the nature of a tax-deferred savings account than a spendthrift trust.

In Re Cesare

170 B.R. 37 · United States Bankruptcy Court, D. Connecticut · Jul 1, 1994

The highlighted provisions indicate that only a debtor’s right to receive a payment under a qualifying plan or contract is exempted. … Bank, 698 F.2d 688 , 690-91 (4th Cir.1983) (rejecting assertion “that any funds or securities whose origin may be traced to a preretirement draw from an ERISA approved plan are forever immune from attachment by creditors”

In Re Clark

18 B.R. 824 · United States Bankruptcy Court, E.D. Tennessee · Mar 8, 1982

This provision of the Trust clearly contemplates that a distribution of the assets of the Trust could be made to the debtor before age 59V2. … Clark established a Keogh plan in 1977, consideration must be given to the language of Paragraph 8 of Article XVI— Miscellaneous, which has been quoted above insofar as that provision purports to establish a spendthrift trust

Snyder v. Nebraska (In Re Snyder)

228 B.R. 712 · United States Bankruptcy Court, D. Nebraska · Oct 20, 1998

It seems most likely that the Bankruptcy Code was enacted pursuant to Article I, § 8, of the Constitution, which provides that Congress has the power to establish “uniform Laws .on the subject of Bankruptcies throughout the … However, the fact that a debtor’s only litigation forum is state court means that the debtor is barred from the forum most uniquely qualified to resolve the factual issue concerning “undue hardship” as that term is used in

Tambay Trustee, Inc. v. Florida Progress Corp. (In re Lawson)

67 B.R. 94 · United States Bankruptcy Court, M.D. Florida · Nov 6, 1986

it is evident that the “ipso facto” clause is of no effect, and presents no obstacles to the Trustee’s right to the Debtor’s shares provided, of course, that the shares are “properties of the estate” and not excluded and immunized … It follows that the next inquiry must be addressed to the issue of whether the ESOP and the Trust established under it would qualify as a spendthrift trust under Florida law and thus be excepted from the estate pursuant to