Case law

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.

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 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.

Hale v. Kontaratos (In Re Kontaratos)

10 B.R. 956 · United States Bankruptcy Court, D. Maine · May 8, 1981

CBL stock would rather clearly appear to qualify as “investment securities” 6 subject to Article 8, Uniform Commercial Code — Investment Securities, 7 see UCC § 8-102(l)(b), were it not for the fact that the Maine Supreme … entrusted by a pledgor with possession of collateral depends upon the terms of their pledge agreement. 66 A secured party depending for the perfection of its security interest upon the possession of a UCC § 9-305 bailee must establish

Lentz v. Cahaba Disaster Relief, LLC (In re CDP Corp.)

462 B.R. 615 · United States Bankruptcy Court, S.D. Mississippi · Jul 22, 2011

Taylor testified that Equipment was a qualified bidder for the CDP Auction. . … Furthermore, the case law clearly establishes that if a bankruptcy court had jurisdiction to enter a sale order, then a collateral attack against such a sale order must be rejected. See Parker v.

In Re Coleman

209 B.R. 739 · United States Bankruptcy Court, D. Colorado · Jun 13, 1997

In other words, it is the Trustee’s opinion that a qualified, disabled debtor may only claim the special $3,000 exemption, and may not also claim the “standard” $1,000 wage-earner exemption. … The son is currently in school and functioning in the programs established there for him. Moreover, he customarily drives himself to and from school.

TennOhio Transportation Co. v. Navistar Financial Corp. (In Re TennOhio Transportation Co.)

269 B.R. 769 · United States Bankruptcy Court, S.D. Ohio · Sep 6, 2001

Therefore, Navistar did not establish the second element of its defense as required by 11 U.S.C. § 547 (c)(2). … In summary, the Court believes that the present situation is clearly one where payments to one creditor, i.e., Navistar, decreased the opportunity for a fair and equitable distribution to all creditors.

In Re Garrett

435 B.R. 434 · United States Bankruptcy Court, S.D. Texas · Aug 18, 2010

Clearly, the question § 522(b)(3) posits is whether, given the effect of § 522(b)(3)(A), a debtor is unable to claim any exemptions. … Under the Florida Constitution, homestead property is generally immune from judgment liens. Id. (citing Fla. Const., Art. 10, § 4(a)).

Rodriguez v. Countrywide Home Loans, Inc. (In Re Rodriguez)

421 B.R. 356 · United States Bankruptcy Court, S.D. Texas · Dec 9, 2009

Upon the Court’s grant of a discharge order, the “debtor is immune from personal liability on any discharged debt.” 4 Id. (emphasis added). … Instead of liquidating pre-petition assets through chapter 7, qualified debtors may keep many of their assets and pay for them through the chapter 13 plan.

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.

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

Halperin v. Moreno (In re Green Field Energy Servs., Inc.)

585 B.R. 89 · United States Bankruptcy Court, D. Delaware · Jan 24, 2018

Aerodynamic Transfer Of the remaining preferential transfers in question, Defendants do not claim that each qualifies as a non-preferential transfer under Section 547(b). … Deposits and withdrawals were clearly made into the Regions Bank Account prior to June 28, 2013, but without an indication of the balance as a whole the bank reconciliation statement is not entirely beneficial to the Court

Financeamerica Private Brands, Inc. v. Bishop (In Re Bishop)

52 B.R. 470 · United States Bankruptcy Court, N.D. Alabama · May 29, 1985

In this case, FinanceAmerica should be estopped to deny that it agreed to be subordinated with respect to the above-listed account numbers since it clearly received a benefit from the $57,891.38 check. … Even if the entire indebtedness had been paid off, FinanceAmerica would not have had to refile to establish its priority. See Provident Finance Co. v.

Jou v. Adalian (In re Adalian)

474 B.R. 150 · United States Bankruptcy Court, M.D. Pennsylvania · Jun 7, 2012

periods established by bankruptcy law.” … Even an ‘innocent’ default by a fiduciary who fails to fully account for money received qualifies as defalcation in this context.” In re Baillie at 469 (citing Lewis v.

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).

Richard N. Berkshire

United States Bankruptcy Court, D. Nebraska · Mar 12, 2026

Clearly this standard does not require the court to resolve the underlying dispute, just to determine its existence. … A sale by the trustee best protects the priorities established under the Bankruptcy Code. The alternative is worse.

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.

Koehl v. United States (In Re Koehl)

166 B.R. 74 · United States Bankruptcy Court, E.D. Louisiana · Dec 8, 1993

The appraisals were made by a qualified M.A.I. appraiser but were only “drive-by” appraisals. The appraiser was instructed to estimate the fair market value of the properties as of August 15, 1990. … Neither were the transfers clearly in the face of impending tax debts. The transfers were made at a time when the debtors were undergoing an audit or contesting a tax liability.

Illinois Ex Rel. Ryan v. Volpert (In Re Volpert)

175 B.R. 247 · United States Bankruptcy Court, N.D. Illinois · Nov 23, 1994

Beyond these general examples, the Supreme Court gave *257 very little guidance as to when an interest qualifies as “quasi-sovereign.” … A state of the United States clearly has a quasi-sovereign interest in maintaining the integrity of its legislative and police powers.

Aureus International, Inc. v. Coala, Inc. (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