Case law

Reid v. Wolf (In re Wolf)

595 B.R. 735 · United States Bankruptcy Court, N.D. Illinois · Nov 19, 2018

The alleged transfer of ZZC stock qualifies as a transfer of an interest of the debtor in property. … But one clearly cannot transfer property to oneself. It is a conceptual absurdity.

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.

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

In Re Molnar

441 B.R. 108 · United States Bankruptcy Court, N.D. Illinois · Dec 15, 2010

Therefore, according to Ford, the minimum that qualifies as performance is the filing of an actual timely motion to redeem. … If debtor performs his duties, then the burden shifts to creditors to establish grounds for relief from stay.

In Re Myers

168 B.R. 856 · United States Bankruptcy Court, D. Maryland · Feb 4, 1994

R.Bkrtcy.P. 4004(a) overrides the June 7, 1993 bar date established by the Court for complaints objecting to discharge. Trustee and Committee agree with Debtor’s analysis. … This disadvantage is partly remedied by § 523(a)(3), which establishes the general rule that debts owed to unscheduled creditors aren’t discharged.

In Re Trenton Ridge Investors, LLC

461 B.R. 440 · United States Bankruptcy Court, S.D. Ohio · Jun 23, 2011

This case clearly does not fit within any of the above “liberty” categories. … Similarly, according to one bankruptcy court, “a due-on-sale clause is not something so sacrosanct that it is immune from modification in a bankruptcy setting.”

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.

In re Creative Finance Ltd.

543 B.R. 498 · United States Bankruptcy Court, S.D. New York · Jan 13, 2016

“Establishment” means any place of operations where the debtor carries out a nontransitory economic activity. 132 “Establishment” has been described as a “local place of business.” 133 To have an establishment in a country … But, this third category was clearly envisioned by the drafters. Therefore, such an interpretation would be contrary to statutory intent and thus violate a key canon of statutory interpretation.

Empire One Telecommunications, Inc. v. T-Mobile USA, Inc. (In Re Empire One Telecommunications, Inc.)

458 B.R. 692 · United States Bankruptcy Court, S.D. New York · Oct 24, 2011

This raises the question whether the traffic at issue may nevertheless be immune to tariffs. … Rather, EOT claims that T-Mobile violated an FCC rule that clearly imposes an obligation on T-Mobile to pay EOT “reasonable compensation” and that its tariffs establish such a “reasonable” rate.

In Re Fiels

260 B.R. 362 · United States Bankruptcy Court, D. Maryland · Apr 3, 2001

The Debtors objected to the priority claim of the IRS contending that the tax liabilities at issue were too old to qualify for priority treatment as more than three years had passed since such returns were last due. … United States (In re West), 5 F.3d 423, 426 (9th Cir.1993) (relying upon the clearly-expressed purpose of the Bankruptcy Code of providing the IRS with a specific period of time within which to collect); United States v.

Reitmeyer v. Meinen (In Re Meinen)

232 B.R. 827 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 26, 1999

Such a deposit also clearly constitutes a “transfer” as that term is defined in the Pa. UFTA because (a) a “transfer” under the Pa. … While a creditor would not ordinarily wish to establish that property of a debtor is held jointly with said debtor's spouse as tenants by the entirety, plaintiff herein clearly wishes to establish that defendants’ joint bank

In re Domum Locis LLC

521 B.R. 661 · United States Bankruptcy Court, C.D. California · Dec 5, 2014

California Civil Code § 678 provides that the ownership of property is either “absolute” or “qualified.” … California Civil Code § 680 defines “qualified or base ownership” as follows: “The ownership of property is qualified: 1. When it is shared with one or more persons; When the time of enjoyment is deferred or limited; 3.

Phoenix Restaurant Group, Inc. v. Ajilon Professional Staffing LLC (In Re Phoenix Restaurant Group, Inc.)

317 B.R. 491 · United States Bankruptcy Court, M.D. Tennessee · Dec 1, 2004

‘To permit such offsets notwithstanding possible prejudice to other creditors would ignore the orderly mechanism established by Congress to protect all interested parties concerned.’ ”) (quoting Jet Florida Sys., Inc. v. … The Water Doctor (In re Check Reporting Servs., *499 Inc.), 140 B.R. 425 (Bankr.W.D.Mich.1992) (the requirement that new value remain unpaid is an “ ‘inaccurate and confusing paraphrase of a clearly stated statutory purpose

In Re Wedtech Corp.

85 B.R. 285 · United States Bankruptcy Court, S.D. New York · Feb 22, 1988

December 15, 1986, Wedtech Corporation, (“Debtor” or “Wedtech”) operated as a military contractor and sought and was awarded Defense Department contracts through the Small Business Administration Section 8(a) program allowing qualified … element has been established.

Frank v. McLain (In Re Peet Packing Co.)

233 B.R. 387 · United States Bankruptcy Court, E.D. Michigan · Mar 26, 1999

The Trustee also established that the Debtor was insolvent during the time period in which it paid Defendant’s salary. … While this was clearly the issue in the case, for some reason the court did not specifically cite to 3 Comp.Laws 1929, § 13400, the predecessor of Mich.Comp.Laws § 566.19. 7 .

Estate of Harris v. Dawley (In Re Dawley)

312 B.R. 765 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 16, 2004

Clearly the corporate accounts receivable were not held in trust for the shareholders but rather were to be collected for use as Coin Call’s operating funds. … However, clearly Defendant knew, but did not disclose, that the sale proceeds had been sent to him individually until Judith was added as payee on the checks.

In Re Caldor, Inc.-NY

240 B.R. 180 · United States Bankruptcy Court, S.D. New York · Oct 22, 1999

As such, the right to payment need not be presently enforceable to qualify as a claim. Davenport does not hold otherwise. … Moreover, whether or not the test for determining when a contract claim arises has evolved in this circuit, Pearl's claim clearly arose during the Operating Period because Caldor's breach of the contract was clearly contemplated

In Re Amdura Corp.

139 B.R. 963 · United States Bankruptcy Court, D. Colorado · May 5, 1992

The Tenth Circuit Court of Appeals has established a checklist of factors to be considered in awarding fees. … It was clearly necessary in order to effect an orderly transition.

Envirodyne Industries, Inc. v. Connecticut Mutual Life Co. (In Re Envirodyne Industries, Inc.)

174 B.R. 986 · United States Bankruptcy Court, N.D. Illinois · Dec 1, 1994

It is undisputed that the Defendants qualify under § 303(b) to institute an involuntary petition. … That is, creditors with the same priority would be treated equally but subject to previously established unequal priority arrangements among classes of creditors. See Mark J.

Pacific Western Bank v. Johnson (In Re Johnson)

68 B.R. 193 · United States Bankruptcy Court, D. Oregon · Dec 1, 1986

The Court finds that the Bank has met its burden and has proved, through establishing the transfers to Mr. Kemp and Mr. … Clearly, the Adeeb court contemplated recovery for the benefit of credi *200 tors, not recovery of cash which the debtor conceals from his creditors and spends, or purports to spend, prior to filing bankruptcy.