Case law

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

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.

Geltzer v. Bloom (In Re M. Silverman Laces, Inc.)

404 B.R. 345 · United States Bankruptcy Court, S.D. New York · Mar 31, 2009

Thus, to establish a constructive fraudulent transfer under either N.J.S.A. § 25:2-25b or Bankruptcy Code section 548(a)(1)(B), the Trustee must establish (in addition to SL’s insolvency or undercapi-talization or belief … Id. at 362-63. 22 Having failed to establish that any of SL’s assets were transferred for less than reasonably equivalent value (in fact, not having established any realizable value for the property that SL allegedly transferred

In Re John Galt Energy, Inc.

75 B.R. 658 · United States Bankruptcy Court, E.D. New York · Jul 10, 1987

That lien is valid, continuing and extant to this very date and immune from attack by the Debtor under 11 U.S.C. § 547 . Huscoal’s judgment was in the sum of $18,590.89 plus 8% interest from the date of the judgment. … By no stretch of the imagination does it establish a lien in the true *668 sense of that term.

In Re Raanan

181 B.R. 480 · United States Bankruptcy Court, C.D. California · Apr 18, 1995

The creditor in this case has established each element of the defense of equitable estoppel. … Davies relied on the debtor’s silence by hiring an attorney and asserting in the arbitration a counterclaim which was clearly subject to discharge.

Zimmermann v. Spencer (In Re Spencer)

306 B.R. 328 · United States Bankruptcy Court, C.D. California · Feb 23, 2004

California has also recognized the need to place limitations on the immunities of anti-alienation clauses. Indeed, Trustee cites to California Probate Code section 15301(b). … The court in Crandall made clear that the Bankruptcy Reform Act of 1978 did not place within the 180-day window established by section 541(a)(5) devices generally described as “will substitutes” and acknowledging that one

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.

Johnson v. Lewis Cass Intermediate School District (In Re Johnson)

345 B.R. 816 · United States Bankruptcy Court, W.D. Michigan · Jul 14, 2006

On January 19, 2005, the Trustee filed a-Notice of Possible Dividends to Creditors and a claims bar date was established. … Despite this omission, the debtors took “constant affirmative actions” which “clearly established] a desire to apprise the court of the pending claim.” Id. at 899 n. 2.

Lucchesi v. Lucchesi (In Re Lucchesi)

181 B.R. 922 · United States Bankruptcy Court, W.D. Tennessee · May 16, 1995

As to Louis and Margaret Lucchesi, the proof established that Vincent Lucchesi had talked with them on several occasions about the possibility that he would have to file bankruptcy because of the lack of sales on his real … Clearly, the plaintiffs had actual knowledge in time to permit them to file a proof of claim and a § 523(c) complaint to determine dischargeability.

In re Riggs

495 B.R. 704 · United States Bankruptcy Court, W.D. Virginia · Jul 9, 2013

Chapter 7 the particular circumstances of an individual case might appear to be. 24 Second, Congress took off the table for consideration under any of the provisions of § 707(b) any “charitable contributions ... to any qualified … The Court’s opinion expressly noted that “it has long been established that Social Security income may be used to fund a Chapter 13 plan.” 721 F.3d at 253.

Messer ex rel. Fine Diamonds, LLC v. Peykar International Co. (In re Fine Diamonds, LLC)

501 B.R. 159 · United States Bankruptcy Court, S.D. New York · Oct 11, 2013

The Trustee asserts in his Post-trial Brief that the “testimony and documentary evidence at trial clearly established that Doran delivered to both Mitch and Mehran on consignment a series of batches of diamonds.” 122 The … The Defendants argued in their Post-trial Brief that when Do-ran was dismissed from the lawsuit, he was effectively granted immunity. Defs. Post-Trial Br., ECF # 96 at ¶ 4.

In re Charles Street African Methodist Episcopal Church

481 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Sep 18, 2012

If either is established, the default interest provision is not enforceable. If neither is established, the clause is enforceable and the claim arising from it must be allowed. … However, the basis for these figures was not firmly established. Ms.

LTV Corp. v. Back (In Re Chateaugay Corp.)

201 B.R. 48 · United States Bankruptcy Court, S.D. New York · Sep 25, 1996

Nothing in the Bankruptcy Code requires the establishment of a trust fund for speculative future claims which may never arise. … Finding that asbestos insulation products were not military equipment, the district court found that the defendant-manufacturers were not entitled to immunity under Boyle.

New Bern Riverfront Development, LLC v. Weaver Cooke Construction, LLC (In re New Bern Riverfront Development, LLC)

575 B.R. 345 · United States Bankruptcy Court, E.D. North Carolina · Sep 29, 2017

I’ve got a copy of AAMA 511, but you have clearly testified that you never followed AAMA 511, correct? A. That’s correct. Q. Okay. … It establishes no more than that.

In Re Castorena

270 B.R. 504 · United States Bankruptcy Court, D. Idaho · Nov 28, 2001

The paralegals must be qualified through training and experience, and capable of performing those functions. … This was clearly improper. Id.; see also, In re Soderberg, 99.4 I.B.C.R. 152, 153 (Bankr.D.Idaho 1999).

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)).

Raymond Professional Group, Inc. v. William A. Pope Co. (In Re Raymond Professional Group, Inc.)

420 B.R. 448 · United States Bankruptcy Court, N.D. Illinois · Nov 25, 2009

Professor Hazard’s curriculum vitae clearly establishes that he is a qualified expert in bankruptcy ethics. (Hazard Affidavit Ex. B.) … This evidence is enough to determine that $800 an hour is what is ordinarily billed and collected by him as a qualified expert in the pertinent area of expertise.

Newton v. Baglio

United States Bankruptcy Court, D. New Mexico · Nov 24, 2021

An order entered on July 18, 2018, was a Qualified Domestic Relations Order (“QDRO”), which assigned to Baglio 50% of Newton’s pension, per the final decree. … The state court clearly intended the Assignment to help Baglio collect what Newton owed her, but not to give her a windfall or punish Newton.

Kathleen Louise Griffin

United States Bankruptcy Court, S.D. Texas · Oct 20, 2023

words, the bankruptcy court's job is not to conduct a thorough trial and determine the proper legal result but simply to determine whether a bona fide dispute exists.34 The petitioning creditor may meet its burden of establishing … As such, this Court finds that Petitioning Creditor’s Claim is clearly subject to a bonafide dispute.

Turner v. Keck (In Re Keck)

363 B.R. 193 · United States Bankruptcy Court, D. Kansas · Mar 2, 2007

petition, schedules of assets and liabilities and the SOFA, under penalty of perjury, are written declarations that have the force and effect of oaths. 20 Thus, a false statement or omission within a debtor’s schedules may qualify … When presented with a copy of the $8200 convenience check that clearly showed its origin was MBNA, and then clearly presented with evidence that that exact amount was deposited in his Kaw Valley account the very next day,