Case law

Strzesynski v. Devaul (Devaul)

318 B.R. 824 · United States Bankruptcy Court, N.D. Ohio · Nov 24, 2004

She did not, nor was she qualified to, render any opinion in her testimony as to whether Defendant’s financial condition and business transactions could be determined from them. … In some cases, this may require opinion testimony by lay witnesses, Fed.R.Evid. 701, or qualified expert witnesses, Fed.R.Evid. 702.

In Re Lile

103 B.R. 830 · United States Bankruptcy Court, S.D. Texas · Jul 26, 1989

The IRS wanted Lile to produce bills of sale or other documents establishing ownership claims with respect to the property that had been seized. … I therefore hold that the actions taken by the IRS clearly reflect a willful violation of the 11 U.S.C. § 362 automatic stay for which sanctions should be imposed.

Boyd v. Toyobo America, Inc. (In Re Second Chance Body Armor, Inc.)

421 B.R. 823 · United States Bankruptcy Court, W.D. Michigan · Jan 5, 2010

The Toyobo Defendants’ motion asserts that the NIJ Reports are inadmissible hearsay and do not qualify for the public records and reports exception set forth in Federal Rule of Evidence 803(8). … Ecodyne Corp., 635 F.2d 517, 519 (5th Cir.1981) (“Excluding relevant evidence in a bench trial because it is cumulative or a waste of time is clearly a proper exercise of the judge’s power.... ”).

CMF Loudoun Ltd. Partnership v. Nattchase Associates Ltd. Partnership (In Re Nattchase Associates Ltd. Partnership)

178 B.R. 409 · United States Bankruptcy Court, E.D. Virginia · Dec 27, 1994

Wise, who is qualified to opine about the future marketability of Lou-doun County real estate 16 , did not appraise the parcels to determine the current market value. … Pursuant to this section, the RTC established regulations prohibiting entities from bidding if that entity has generated two losses above $50,000.

Cacolici v. Transohio Savings (In Re Cacolici)

108 B.R. 578 · United States Bankruptcy Court, N.D. Ohio · Oct 13, 1989

These obligations were clearly imposed upon him for Mrs. Caeolici’s benefit and she would have a claim against him in the event of their breach. … The burden of proof on each of these questions is on the party seeking to establish that the debt is non-dischargea-ble.

In Re Nosker

267 B.R. 555 · United States Bankruptcy Court, S.D. Ohio · Jun 18, 2001

repeated directions, the Debtor refused to provide any documentation regarding his financial status” and holding that “[a] debtor who does not produce credible evidence of the existence of a regular income ... does not qualify … (“Motions for a new trial or to alter or amend a judgment must clearly establish either a manifest error of law or fact or must present newly discovered evidence.

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.

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.

Dimmitt v. Dimmitt (In Re Dimmitt)

132 B.R. 617 · United States Bankruptcy Court, W.D. Missouri · Apr 3, 1991

She testified it would take her approximately two years to obtain certification at which time she would be employable as a speech pathologist and would qualify for positions in public and private schools, hospitals or private … In fact, Kay Dimmitt’s testimony established clearly that the payment was not based on any current or projected future need.

In Re Drexel Burnham Lambert Group, Inc.

133 B.R. 13 · United States Bankruptcy Court, S.D. New York · Oct 25, 1991

Congress specifically decided that attorneys’ rates for legal services should be established by the market. … Once a qualified buyer is found, further negotiation is needed to consummate the purchase and sales agreement.

Tullie v. Quick Cash, Inc. (In re Quick Cash, Inc.)

541 B.R. 526 · United States Bankruptcy Court, D. New Mexico · Nov 10, 2015

Adams, 455 F.3d 1155, 1162 (10th Cir. 2006) (“A party seeking class certification must show ‘under a strict burden of proof that all four requirements are clearly met.”) (quoting Reed v. … But the class representative must present “some evidence of established, ascertainable numbers constituting the class.” Rex, 585 F.2d at 436 . Ms.

In RE McELWEE

469 B.R. 566 · United States Bankruptcy Court, M.D. Pennsylvania · May 3, 2012

The Supreme Court noted that bankruptcy judges are appointed for fourteen year terms and their salaries are not immune from diminution by Congress. … Claim 11-2 clearly included a default interest rate in the itemization of its claim.

Highsteppin' Productions, LLC v. Porter (In re Porter)

511 B.R. 785 · United States Bankruptcy Court, E.D. Louisiana · Jun 24, 2014

Therefore, resolution outside of the Judicial Branch was allowed. 46 The notion that “public rights” do not have to be adjudicated in the Judicial Branch stems from the doctrine of sovereign immunity. … Our precedents clearly establish that only controversies in the former category may be removed from Art. Ill courts and delegated to legislative courts or administrative agencies for their determination.

Star Banc Finance, Inc. v. Bird (In Re Bird)

224 B.R. 622 · United States Bankruptcy Court, S.D. Ohio · Mar 31, 1998

The rule is also well established in this circuit that to qualify for the fraud exception under § 523(a)(2)(A): [T]he creditor must prove the debtor obtained money through a material misrepresentation that at the time the … Neither of these qualify as expenditures for the maintenance and support of the Debtors or their dependents.

In re Lehman Bros.

493 B.R. 437 · United States Bankruptcy Court, S.D. New York · Jul 11, 2013

Only limited classes of potential claimants even qualify to request such an extension. The standards are designed to be tough, and they are. … Equitable Discretion to Extend Deadline for Filing Claims is Limited Under SIPA The statutory time limitations for filing a claim in a SIPA case are clearly delineated and do not allow the Court to fashion judicial exceptions

Leif M. Clark, Trustee of the Edgemere Litigation v. Intercity Investment Properties, Inc.

United States Bankruptcy Court, N.D. Texas · Apr 25, 2024

Further, the Court noted that it could not determine if an exception to the waiver of the attorney client privilege applied until the substantive privilege had been established. Id. at 7. … immunity provided by this subdivision.”

Shea v. Shea (In Re Shea)

221 B.R. 491 · United States Bankruptcy Court, D. Minnesota · Jun 5, 1998

The payment due under the dissolution stipulation is clearly in the nature of a property settlement rather than alimony, maintenance or support. Under the settlement, Ms. … Under this analysis, the debt will be excepted from discharge only if the debtor fails to establish both prongs.

In Re Babb

346 B.R. 774 · United States Bankruptcy Court, E.D. Tennessee · Jul 26, 2006

Whether another qualified party in interest is willing to commit to taking over the litigation and pursuing it to judgment. … Ayers does not suggest a deficiency of proof necessary to establish her claim that the Debtor engaged in wrongful conduct that, if established at trial, would support a denial of his discharge.

In Re East-West Associates

110 B.R. 675 · United States Bankruptcy Court, S.D. New York · Feb 13, 1990

created after the last pre-petition “tax-status date”, the court held: As to all remaining liens, because the county did not possess, prior to the filing of the bankruptcy petition, a sufficient “interest in property” to qualify … It may be true that when a debtor appeals an award of adequate protection, the traditional four-part test for obtaining an injunction must be established in order for the debtor to obtain a stay.

Kunzler v. Bundy (In Re Bundy)

95 B.R. 1004 · United States Bankruptcy Court, W.D. Missouri · Jan 17, 1989

Plaintiff is clearly owed a debt represented by judgment, and the loan application is a statement in writing respecting Debtors’ financial condition. § 523(a)(2)(B)(ii). … A well established rule of statutory construction is that where a statute’s language is unambiguous, that language must be regarded as conclusive absent a clearly expressed legislative intent to the contrary.