Case law

In Re Vaughan

429 B.R. 14 · United States Bankruptcy Court, D. New Mexico · May 20, 2010

Debtor’s obvious purpose in calling these witnesses was to establish his character as a trustworthy individual and to establish that creditors with substantial claims wanted him to remain in control of the ease. 19 While … April 15, 2008)(“ ‘Although section 1112(b) does not define the phrase “unusual circumstances,” it clearly contemplates conditions that are not common in most chapter 11 cases.’ ”)(quoting 7 Collier on Bankruptcy, ¶ 1112.04

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

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).

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).

Ritchie v. Northwest Education Loan Ass'n (In Re Ritchie)

254 B.R. 913 · United States Bankruptcy Court, D. Idaho · Nov 9, 2000

Clearly, then, Plaintiffs can argue that a debtor’s ability to engage in some charitable giving while in bankruptcy is a practice Congress sought not only to preserve, but to encourage. … Plaintiffs failed to establish they could not maintain a minimal standard of living if required to payback their loans.

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.

In Re Midway Investments, Ltd.

187 B.R. 382 · United States Bankruptcy Court, S.D. Florida. · Jul 6, 1995

Aetna’s intentions to adhere to the December 30 deadline and to seek the delivery of the deed were clearly communicated. … Midway distributed approximately $100,000 after December 30 *390 while it was clearly unable to pay the Aetna loan.

Floyd v. Hill (In re Hill)

495 B.R. 646 · United States Bankruptcy Court, D. New Jersey · Aug 12, 2013

Section 523(a)(19) speaks clearly for itself when it identifies as the object of this exception to discharge— a “debt ... for violation of ... securities laws ... … It is only those judgments, orders or decrees which are the sources of the debts to be excepted from discharge which qualify for possible extended preclusive use.

In Re King

439 B.R. 129 · United States Bankruptcy Court, S.D. Illinois · Oct 20, 2010

Here, the qualifying phrase in question is integrally related to the requirements of § 1325(a) itself and, therefore, the Court must give it meaning. … First, the effective date of the applicable commitment period would be established at the time payments are due under the original plan and would not “restart” every time a plan was modified.

In Re Hopkins

66 B.R. 828 · United States Bankruptcy Court, W.D. Arkansas · Aug 5, 1986

The circumstances surrounding the debtor’s termination clearly establish that the decision to fire the debtor was based solely on her bankruptcy filing. … of Agriculture from continuing proceedings to deny debtor’s produce license application); In re Helms, 46 B.R. 150 (Bkrtcy.E.D.Mo.1985) (injunction sought by debtor to prevent eviction, debtor sought findings that he be qualified

American National Bank & Trust Co. v. Matrix IV, Inc. (In Re S.M. Acquisition Co.)

296 B.R. 452 · United States Bankruptcy Court, N.D. Illinois · Aug 4, 2003

A Daubert hearing was held to determine if he qualified as an expert witness. … But this is insufficient to establish that the Bank intended to exclude the molds at Matrix from its lien.

United States Trustee v. Burton (In re Rosario)

493 B.R. 292 · United States Bankruptcy Court, D. Massachusetts · May 29, 2013

When asked if, after completing the form, she told Moya “that he qualified,” Santos answered “correct.” Trial Tr. 3 169:18-19. … informing him, upon completion of the means test, that he did so “qualify.”

Stoebner v. Ritchie Capital Management, L.L.C. (In re Polaroid Corp.)

472 B.R. 22 · United States Bankruptcy Court, D. Minnesota · Apr 30, 2012

He clearly was willing to do whatever it took to stave off suit from the Ritchie Defendants. … The Trustee has established his entitlement to that remedy.

Mendelsohn. Singh (In re Singh)

568 B.R. 187 · United States Bankruptcy Court, E.D. New York · May 31, 2017

This is an asset that is clearly central to understanding the scope of the Debtor’s finances. … States Courts, shall utilize the services of the most available certified interpreter, or when no certified interpreter is reasonably available, as determined by the presiding judicial officer, the services of an otherwise qualified

Gordon, Chapter 7 Trustee for the Estate of John B v. Webster

United States Bankruptcy Court, N.D. Georgia · Mar 31, 2021

Under state law, the debtor-parents were clearly legally obligated to provide for their children’s education, and payment for provision of that education satisfied that obligation, thus qualifying as reasonably equivalent … Although the IRS is immune from state statutes of limitations based on principles of federalism, it is not immune to federal limitations.

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.

McGraw v. Betz (In re Bell & Beckwith)

172 B.R. 19 · United States Bankruptcy Court, N.D. Ohio · Sep 7, 1994

B & B established the Profit Sharing Retirement Plan and Trust (the “Plan”) in 1974. … The limitations hereinabove stated apply to the aggregate contributions made by the Employer to all qualified plans of the Employer in each Year. % * * * * * 3.4 All contributions made by or on behalf of each Participant

Hosking v. TPG Capital Management, L.P. (In re Hellas Telecommunications (Luxembourg) II SCA

535 B.R. 543 · United States Bankruptcy Court, S.D. New York · Aug 19, 2015

Toledo, 446 U.S. 635, 640 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980) (holding that plaintiff did not have burden of pleading lack of defendant’s qualified immunity to state a civil rights claim under 42 U.S.C. § 1983 , finding … that “[s]inee qualified immunity is a defense, the burden of pleading it rests with the defendant” (citation omitted)).

In re Plusfunds Group, Inc.

492 B.R. 202 · United States Bankruptcy Court, S.D. New York · May 13, 2013

However, being affected by the outcome of a proceeding is not the same as having a direct financial stake within the bankruptcy case and does not properly qualify for standing as a party in interest. … In this instance, not acting to reopen the case does not clearly and directly prejudice the Trustee. Finally, the benefit to be realized from reopening the Debtor’s case is speculative.

In Re Griffieth

209 B.R. 823 · United States Bankruptcy Court, N.D. New York · May 17, 1996

Clearly, therefore, the purpose of the Debtors’ instant case is to discharge primarily their IRS debt. … Debtors failed to adequately negotiate with the IRS in an attempt to establish an offer in compromise.