Case law

Knowles v. McGuckin (In Re McGuckin)

418 B.R. 251 · United States Bankruptcy Court, N.D. Ohio · Jun 5, 2009

As with other exceptions to dischargeability, it is the movant’s burden to establish, by at least a preponderance of the evidence, the applicability of § 523(a)(6). Grange Mut. Cas. Co. v. … While clearly constituting a case of medical malpractice, the Court in Kawaauhau v.

Peterson-Marone Construction, LLC. v. McKissack (In Re McKissack)

320 B.R. 703 · United States Bankruptcy Court, D. Colorado · Jan 28, 2005

Corp., 894 F.2d 371 , 372 (10th Cir.1990) (“It is well established that any action taken in violation of the stay is void and without effect.”). … Whether another qualified party in interest is willing to commit to taking over the litigation and pursuing it to judgment.

In Re ABZ Insurance Services, Inc.

245 B.R. 255 · United States Bankruptcy Court, N.D. Texas · Jan 3, 2000

Under the Tex.Bus.Corp.Act, Art. 7.01B(1), a corporation may be dissolved by order of the Secretary of the State when it is established that it is in default in any of the following particulars: (1)The corporation has failed … Its qualified existence was in the nature of an administration of its estate, with all its corporate rights fixed and determined as of the date of dissolution. Id. at 128 .

Dahar v. Riso (In Re Riso)

102 B.R. 280 · United States Bankruptcy Court, D. New Hampshire · Jun 30, 1989

It is clearly established by the evidence that there must be added to the listing on the agreement certain shares of Diamond Shamrock Stock worth $3,000.00; and that a property located in Goodland, Florida that had been inherited … The evidence establishes that the Riso’s property settlement was within such a range.

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.

United Steelworkers of America v. Lampl (In Re Mesta MacHine Co.)

67 B.R. 151 · United States Bankruptcy Court, W.D. Pennsylvania · Jul 24, 1986

It would be valuable only if the plant were purchased and the ESOP established. … Although referred to as an ESOP, it is doubtful whether by June-October, 1984 this enterprise could qualify as an ESOP for securities law exceptions.

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.... ”).

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.

Kramer Ex Rel. Estate of Singh v. Sooklall (In Re Singh)

434 B.R. 298 · United States Bankruptcy Court, E.D. New York · Jul 20, 2010

Defendant was unable to qualify for such a loan because of other mortgages outstanding, on which he was obligated. In or about October of 2005, Debtor entered into a contract to sell the Property for $210,000.00. … Clearly, the Trustee was afforded sufficient notice of the defenses to respond to them and was not prejudiced by the Defendant’s delay.

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.

In Re Powermate Holding Corp.

394 B.R. 765 · United States Bankruptcy Court, D. Delaware · Oct 10, 2008

. § 507 (a)(4)-(5) govern wage claims that do not qualify as administrative expense claims. … Case law under this prior version of the Code established that, like under the new law, timing was everything.

Board of Trustees v. Parker (In Re Parker)

388 B.R. 11 · United States Bankruptcy Court, N.D. New York · May 7, 2008

The District Court Judgment was premised upon the employee benefit funds being ERISA-qualified funds ( 29 U.S.C. § 1001 et seq.). (Id.) 18. … “Traditionally, the ‘proper rule, developed by caselaw [sic], is that unpaid employer contributions are not assets of a fund unless the agreement between the fund and the employer specifically and clearly declares otherwise

Mason & Dixon Lines, Inc. v. St. Johnsbury Trucking Co. (In Re Mason & Dixon Lines, Inc.)

65 B.R. 973 · United States Bankruptcy Court, M.D. North Carolina · Oct 17, 1986

In addition, the Court feels that the payments qualify as a contemporaneous exchange for new value pursuant to section 547(c)(1) to the extent the right to setoff was relinquished. … Mason and Dixon argues that there clearly was no right of setoff at the time of filing for St. Johnsbury. Mason and Dixon paid St. Johnsbury’s invoices. Thus, St. Johnsbury never exercised any right of set-off and St.

Kimberly A. Ackerman

United States Bankruptcy Court, E.D. Wisconsin · May 1, 2024

“Eligible Non-Borrowing Spouse” means a Non-Borrowing Spouse3 who meets, and continues to meet, the Qualifying Attributes requirements established by the Secretary that the Non-Borrowing Spouse must satisfy in order … “Qualifying Attributes” means those requirements established by the Secretary that the Non-Borrowing Spouse must satisfy in order to be eligible for deferral of the due and payable status.4 “Secretary

Hardin v. Caldwell (In Re Caldwell)

60 B.R. 214 · United States Bankruptcy Court, E.D. Tennessee · Apr 17, 1986

Defendant-debtor’s malicious prosecution, false arrest, and imprisonment of plaintiffs, which resulted in the award of a civil judgment to them, clearly qualifies as a “willful and malicious injury” within the meaning of … As in In re Smith, plaintiffs in this case have established, based on the state trial court record, that the defendant-debtor’s conduct was fully litigated in the state trial court.

Evans Temple Church of God in Christ & Community Center, Inc. v. Carnegie Body Co. (In Re Evans Temple Church of God in Christ & Community Center, Inc.)

55 B.R. 976 · United States Bankruptcy Court, N.D. Ohio · Jan 2, 1986

If any one of the elements of a preference as enumerated in Section 547 is wanting, a preference within the meaning of Section 547 has not been established. Id. … Clearly, this is not the type of transaction contemplated by Congress in drafting the ordinary course exception. Senate Report No. 95-989, 95th Cong., 2nd Sess. 88 (1978).

In Re Sherrill

78 B.R. 804 · United States Bankruptcy Court, W.D. Texas · Oct 19, 1987

The burden of proof under Section 506(c) lies clearly with the Trustee. … [t]o satisfy the benefit test of section 506(c), [the trustee] must establish in quantifiable terms that it expended funds directly to protect and preserve the collateral.”

U.S. Tr. v. Beard (In re Beard)

595 B.R. 274 · United States Bankruptcy Court, E.D. Arkansas · Dec 4, 2018

She established Amy Garrison, M.D., PLLC [the PLLC] in 2011 and completed her residency in family medicine in June 2012. … In fact, the loan application-signed by both Buch and the debtor-clearly indicated that title to the property was to be held by only Buch.

Steffen v. Turner (In Re Steffen)

342 B.R. 861 · United States Bankruptcy Court, M.D. Florida · Jan 31, 2006

Clearly the number of fireplaces is not contested. … A property owner generally is qualified, on account of ownership, to testify as to the value of his or her property. Weitzer Oak Park Estate, Ltd. v. Petto, 573 So.2d 990 (Fla. 3d DCA 1991); Horn v.

Kelly v. U.S. Department of Education (In re Kelly)

548 B.R. 99 · United States Bankruptcy Court, E.D. North Carolina · Mar 24, 2016

This factor “most clearly reflects the congressional imperative that the debtor’s hardship must be more than the normal hardship that accompanies any bankruptcy.” … court with no evidence that she has at any time “pounded the pavement” to find a job by traditional methods such as regularly reviewing posted job openings and making formal applications for those for which she is certainly qualified