Case law

In Re Andrews

78 B.R. 420 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 1, 1987

The narrow definition given to the term in interpreting § 109(e) and § 303(b)(1) may be attributable to policies, respectively, of restricting the use of the liberal benefits of Chapter 13 to only those clearly qualified … These claims do establish that the effective time at which the claim is estimated is the date of the filing of the objection thereto, Baldwin United, 55 B.R. at 895, which, here, would be April 21, 1987.

Leonard v. Mylex Corp. (In Re Northgate Computer Systems, Inc.)

240 B.R. 328 · United States Bankruptcy Court, D. Minnesota · Oct 15, 1999

The discussion is best and most clearly arranged in the sequence of the affidavit, with quotations as appropriate. 10 Paragraph 1. … Evid. 801(d)(2). 21 It does not qualify as a present sense impression under the exception of Fed. R.

In re Painter

595 B.R. 226 · United States Bankruptcy Court, S.D. Texas · Dec 5, 2018

A party objecting to an exemption "must establish that the exemption is improper by a preponderance of the evidence." Fehmel v. Union State Bank (In re Fehmel), 372 F. … In Yoshioka , the parties themselves agreed that defendants qualified as fiduciaries, and there was no real analysis from the court on this issue. 2012 WL 5932817 at *1.

In Re Great Northwest Recreation Center, Inc.

74 B.R. 846 · United States Bankruptcy Court, D. Montana · Jun 8, 1987

Debtor further reduced its motorcycle staff and replaced these personnel with highly qualified stereo employees. … I quote from In re Martin, supra, at 925-26: ‘Certain principles dealing with confirmation of a Chapter 11 Plan are well established.

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.

In Re Van Stelle

354 B.R. 157 · United States Bankruptcy Court, W.D. Michigan · Oct 4, 2006

However, I need not address that issue in this instance because Kolenda is clearly distinguishable on the facts. … Moreover, the debtor would not be immune from other remedies if in fact his decision to convert was in bad faith.

In Re Four Winds Enterprises, Inc.

87 B.R. 624 · United States Bankruptcy Court, S.D. California · Jun 9, 1988

This action is clearly different from that taken by the bank in Ed-gins, where the bank knew the debtor owed the bank on the date of filing and had possession of a deposit which it owed the debtor that might be subject to … However, where, as here, the creditor does not know if any of the funds are subject to setoff, because it does not know whether a debt exists, this Court believes the burden shifts to the creditor to establish its entitlement

In re Remington Park Owners Ass'n

548 B.R. 108 · United States Bankruptcy Court, E.D. Virginia · Mar 24, 2016

Here, if Charter can establish it possessed a property interest affected by the Assignment Order, it may establish standing to challenge the Assignment Order pursuant to Federal Rule of Civil Procedure 60(b) on due process … To be sure, the Assignment Order may not be immune -from challenge under Federal Rule of Civil Procedure 60(b), but the Court may only consider such a challenge once it is satisfied the challenging party has standing to raise

Automotive Finance Corp. v. Rigoroso (In Re Rigoroso)

453 B.R. 612 · United States Bankruptcy Court, D. South Carolina · Apr 25, 2011

If the movant sets forth evidence sufficient to establish his right to judgment, “the non-movant must proffer countering evidence sufficient to create a genuine factual dispute.” Id. … Clearly, Debtor actively participated both in the sale of the vehicles under lien to Plaintiff and the subsequent failure to repay Plaintiff for those vehicles.

In Re Eurospark Industries, Inc.

288 B.R. 177 · United States Bankruptcy Court, E.D. New York · Jan 16, 2003

The court qualified the egregious conduct exemplified in Walker, stating “[p]unitive damages are available only in those limited circumstances where it is necessary to deter defendant and others like it from engaging in conduct … Here, the pleading requirements for consequential damages established by Kenford Co. are not satisfied.

Rodriguez v. Cyr (In re Cyr)

602 B.R. 315 · United States Bankruptcy Court, W.D. Texas · Apr 1, 2019

The provision provides two bases by which the Trustee may avoid a qualifying transfer: actual fraud and constructive fraud. … , more than one badge of fraud must be shown to establish actual fraudulent intent.

Gugino v. Rowley (In re Floyd)

540 B.R. 747 · United States Bankruptcy Court, D. Idaho · Nov 10, 2015

On the evidentiary record presented, Defendant does not qualify as an insider under the definition found in § 101(31)(A). Trustee therefore argues that Defendant is, instead, a “non-statutory insider.” … There was clearly an ongoing business relationship between them, with several facets. 12 But the evi *756 dence did not show that Defendant could exert control because of that relationship, so that the transaction at issue

In Re Mohr

425 B.R. 457 · United States Bankruptcy Court, S.D. Ohio · Mar 15, 2010

The reduced amount must pertain if the Debtors are to qualify as having “primarily consumer debts” thereby triggering the abuse provisions of § 707(b) and possible conversion or dismissal of their bankruptcy case. … See also In re Weeks, 306 B.R. 587, 590 (Bankr.E.D.Mich.2004) (interpreting Zick to limit bad faith dismissals to “egregious cases where the debtors motives are clearly inconsistent with the established purpose of the Bankruptcy

Meyer v. Argent Mortgage Co. (In Re Meyer)

379 B.R. 529 · United States Bankruptcy Court, E.D. Pennsylvania · Nov 29, 2007

Violations of those two laws, Plaintiffs correctly point out, establish liability under UDAP. … Accordingly, they cannot establish UDAP liability on that basis.

Ramsay v. Jones (In Re Jones)

175 B.R. 994 · United States Bankruptcy Court, E.D. Arkansas · Aug 2, 1994

The evidence clearly established that Jones personally exercised control over the account. … Omissions from the schedules qualify as a false oath if they are made knowingly and with fraudulent intent. Ray v. Graham (In re Graham), 111 B.R. 801, 806 (Bankr.E.D.Ark.1990).

Kerr

United States Bankruptcy Court, C.D. California · Jan 13, 2026

Second, 7 “[t]he judges [both the State Court judge and the undersigned Bankruptcy Court judge] 8 have absolute judicial immunity and the bankruptcy trustee has absolute quasi-judicial 9 immunity.” … Kerr’s lawsuits against the undersigned Bankruptcy 5 Judge sufficient to establish any “reasonabl[e]” question of any lack of impartiality, nor 6 to establish any “personal bias or prejudice.”

Novak v. Blonder (In Re Blonder)

258 B.R. 534 · United States Bankruptcy Court, D. Connecticut · Feb 15, 2000

In addition, the invoices do not clearly indicate whether an item was sold to the debtor in his individual capacity or to BAI. … Novak has, therefore, met his burden of establishing that, based on the discrepancy in the values provided by the debtor, there has been a loss of approximately $1,700,000 of assets.

Faith Missionary Baptist Church v. Internal Revenue Service (In Re Faith Missionary Baptist Church)

174 B.R. 454 · United States Bankruptcy Court, E.D. Texas · Sep 6, 1994

(CCH) 2561 , 1994 WL 102071 (1994) (after determining that the church established by the taxpayer was the taxpayer’s alter ego, the tax court held that it need not decide whether the church qualifies under 26 U.S.C. § 501 … The Court makes no finding whether FMBC qualifies as a tax exempt church pursuant to 26 U.S.C. § 501 (c), although the Court is skeptical FMBC would qualify. See Church of Scientology of Ca. v.

Gesualdi v. Educational Credit Management Corp. (In re Gesualdi)

505 B.R. 330 · United States Bankruptcy Court, S.D. Florida. · Aug 6, 2013

This factor “most clearly reflects the congressional imperative that the debtor’s hardship must be more than the normal hardship that accompanies any bankruptcy.” … Therefore, the Plaintiff has not sustained his burden of establishing any exceptional circumstances showing a certainty of hopelessness.

In re McVicker

546 B.R. 46 · United States Bankruptcy Court, N.D. Ohio · Feb 17, 2016

While Zick holds that the facts establishing a lack of good faith “are as varied as the number of cases” 6 , the decision also sets a high bar for dismissal. … In 2005 25 , Congress clarified and expanded the exemption status of certain tax-qualified retirement plans.