Case law

Cohen v. KDC Financial Services, Inc. (In re Miller Mining, Inc.)

219 B.R. 219 · United States Bankruptcy Court, N.D. Ohio · Mar 25, 1998

The party seeking summary judgment bears the initial burden of asserting that the pleadings, depositions, answers to interrogatories, admissions and affidavits establish the absence of a genuine issue of material fact. … Clearly from this statutory language, court authorization is required before adequate protection payments can be made by a Debtor.

In Re Pierre

468 B.R. 419 · United States Bankruptcy Court, M.D. Florida · Mar 16, 2012

Court holds that a prerequisite to stripping down a secured lien under § 1322(b)(2) of the Bankruptcy Code 4 is that both co-owner spouses must be debtors in the same Chapter 13 case and that each joint debtor also must qualify … A minority of courts have allowed the cram down of mortgage claims in Chapter 20 situations, arguing the purpose of Chapter 13 is to protect debtors’ homes. 24 Such contention contradicts Congress’ clearly articulated intent

Strong v. Page (In Re Page)

239 B.R. 755 · United States Bankruptcy Court, W.D. Michigan · Sep 30, 1999

Alfreda succeeded in clearly manifesting her intentions in writing. There is no allegation or any evidence of fraud, duress, mistake, or any other ground for reformation or rescission. … Count I clearly stands alone.

In Re Weatherspoon

101 B.R. 533 · United States Bankruptcy Court, N.D. Illinois · Jun 22, 1989

Section 12-805 establishes the procedures for issuance of a summons in a wage deduction proceeding. … Illinois courts have not clearly defined the debtor’s interest in property after service of garnishment summons and before entry of a wage deduction order.

Kettell v. Bill Heard Enterprises, Inc. (In re Bill Heard Enterprises, Inc.)

400 B.R. 795 · United States Bankruptcy Court, N.D. Alabama · Jan 12, 2009

Although counsel in each of the pending adversary proceedings is qualified, experienced and capable of conducting this litigation, the Court believes that counsel for the plaintiffs in the Kettell adversary proceeding should … Both parties have submitted numerous briefs addressing the legal issues before the Court and while both are clearly knowledgeable of the applicable law, the Court does note than in more than one instances Kratzel, as well

In Re Haskell Dawes, Inc.

199 B.R. 867 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 28, 1996

The retention of control over the management and profits of the reorganized company is clearly of value to the Woodruffs. It is through this control that Mr. … Whether HD Acquisition would be able to lease the building otherwise is not established in the record.

In Re Duffy

452 B.R. 13 · United States Bankruptcy Court, N.D. New York · May 24, 2011

Section 511(a) establishes a specific rate of interest on tax claims and thereby limits a debtor’s ability to modify the interest rate on a tax claim in his Chapter 13 plan. 6 As the parties and the Court previously recognized … Given its principal ruling that the claims held by Creditors did not qualify as “tax claims,” the Court necessarily decided the secondary issue of what the appropriate interest rate would be to apply to the claims.

In Re New Power Co.

313 B.R. 496 · United States Bankruptcy Court, N.D. Georgia · Jul 16, 2004

Pursuant to the MSPA, APX acted as New Power’s Qualified Scheduling Entity. New Power provided data regarding its power needs to APX, which APX in turn submitted to ERCOT. … Further, the court stated that to *505 establish entitlement to administrative expense status, the contractor must establish that “the post-petition debtor in possession induced the claimant to incur the post-petition expenses

In Re El Comandante Management Co., LLC.

359 B.R. 410 · United States Bankruptcy Court, D. Puerto Rico · May 29, 2006

Clearly, Caribbean has standing to propose a plan for ECMC as a party in interest under section 1121(c). … Under Caribbean’s second amended disclosure statement and second plan, two (2) reserve accounts will be established for the payment of the Indenture Trustee’s secured and unsecured claims.

In Re Eury

11 B.R. 397 · United States Bankruptcy Court, N.D. Georgia · May 28, 1981

That is clearly provided for in § 1325(a)(5)(B)(i). Accordingly the Court rules that NCB shall retain its lien in the collateral securing its claim. … The good faith standard of 11 U.S.C. § 1325 (aX3) does not qualify the amount of payments which must be made under a Chapter 13 plan. 18. The debtors’ plan complies with the provisions of 11 U.S.C. § 1325 (a).

In Re Beverly

196 B.R. 128 · United States Bankruptcy Court, W.D. Missouri · May 22, 1996

The Division of Child Support Enforcement is established by Mo.Rev.Stat. § 454.400 (1994) “to administer the state plan for child support enforcement.” … The Bunn court did qualify this holding by stating that courts should not indiscriminately grant a relief from stay to any child support claimant seeking relief from the automatic stay, noting that some of those claimants

Stickel v. Finkelstein (In Re Huffy Corp.)

358 B.R. 724 · United States Bankruptcy Court, S.D. Ohio · Dec 21, 2006

The causes of action clearly arise from White’s relationship with Huffy and the forum state. And, finally, the exercise of jurisdiction in this instance is patently reasonable. … Furthermore, the APA clearly shows that Osgoode was not a purchaser and was only the subject of a single paragraph pertaining to a Supplier Agreement.

In Re Keneco Financial Group, Inc.

131 B.R. 90 · United States Bankruptcy Court, N.D. Illinois · Jul 5, 1991

It is well established that leases such as the House Leases are chattel paper. … However, Debtor’s contention is without merit since clearly the Debtor could have been allowed to place additional junior liens on the House Leases in order to continue funding its business.

Dube v. United States (In Re Dube)

169 B.R. 886 · United States Bankruptcy Court, N.D. Illinois · Jul 7, 1994

As a result, contributions which the Dubes could substantiate as having been made to qualified charitable organizations were all allowed as charitable deductions. Also, the Dubes’ tax deficiencies were reduced. … SECTION 523(a)(1)(C) Lawrence has clearly vocalized his approach to payment of income taxes. His various activities here pursued his goal of evading and defeating the IRS.

Boone County Utilities, LLC v. Branham Corp. (In re Boone County Utilities, LLC)

518 B.R. 511 · United States Bankruptcy Court, S.D. Indiana · Sep 17, 2014

The answer to this question is a narrow and qualified yes. … The plan clearly set forth the means for distribution and implementation.

In Re Windsor Communications Group, Inc.

54 B.R. 504 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 31, 1985

Its purpose can only be to clearly show that it means for official committees to be reimbursed for their expenses on a basis other than a showing of “substantial contribution to the case”, for if that is all it meant to do … Rather this reading establishes a two tier test: one for official committees and another for volunteer committees in terms of qualifying for reimbursement.

In re Residential Capital, LLC

528 B.R. 570 · United States Bankruptcy Court, S.D. New York · Apr 14, 2014

There, in order to initiate a claim of rescission, the plaintiffs made a qualified written request under RESPA, seeking the identity of the current owner or master servicer of a loan from both the prior holder of the loan … The Gil-berts never asserted that equitable estop- *576 pel applies here, and the facts clearly do not support its application.

Hargrave v. Township of Pemberton (In Re Tabone, Inc.)

175 B.R. 855 · United States Bankruptcy Court, D. New Jersey · Dec 21, 1994

Application of 11 U.S.C. § 721 (b) With the respective priorities established as to the existing liens and interests against debtor’s real property, we turn next to 11 U.S.C. § 724 (b). … The court concluded that “as far as the federal government is concerned, N.J.S.A. 33:1— 26 cannot immunize liquor licenses from the attachment of federal liens, for ...

Humiston v. Huddelston (In Re Huddelston)

194 B.R. 681 · United States Bankruptcy Court, N.D. Georgia · Apr 3, 1996

In the instant case, however, the Creditor has conceded that the debt owed to her will not qualify for nondischargeability under section 523(a)(5). … Butler (In re Butler), 186 B.R. 371, 373 (Bankr.D.Vt.1995), and a provision “clearly in need of legislative remediation and clarification." Taylor v. Taylor (In re Taylor), 191 B.R. 760, 765 (Bankr.N.D.Ill.1996).

Elder-Beerman Stores Corp. v. Thomasville Furniture Indus. Inc. (In Re Elder-Beerman Stores Corp.)

206 B.R. 142 · United States Bankruptcy Court, S.D. Ohio · Feb 12, 1997

Although, for the reasons more clearly stated below, this court rejects some of Mr. Taub’s conclusions, this is for reasons more clearly viewed as evidentiary weight and not admissibility. See, e.g., Berry v. … Expert witnesses are qualified to issue opinions based upon both admissible and inadmissible evidence, even if the expert did not directly experience the underlying acts themselves. See Fed.R.Evid. 702.