Case law

Ricardo Castillo Molina

United States Bankruptcy Court, M.D. Florida · Feb 9, 2026

Molina, however, also argues the Creditors qualify as non-statutory insiders. … Molina fails to demonstrate by a preponderance of the evidence that he qualifies for proceeding under Subchapter V.

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

In Re Wynnefield Manor Associates, L.P.

163 B.R. 53 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 14, 1993

However, we have found that two of those objections will- clearly prevent confirmation and, therefore, we will only address those two issues. C. DISCUSSION 1. … However, the other three factors have not been established. The use to which the funds will be put, as is noted above, is not clear. Therefore, the need for the funds is equally murky and insufficiently established.

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).

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.

In Re Haddad

246 B.R. 27 · United States Bankruptcy Court, S.D. New York · Feb 22, 2000

The Court does not have to address the issue of whether there are instances under which such support might constitute an extenuating circumstance because under the facts of this case, it clearly does not. … discovered that the accounts had not been closed, she proceeded to incur credit on those accounts again despite her agreement to the contrary. 11 With respect to other alternatives available to the Debtor, the Court has already established

In Re Curcio

387 B.R. 278 · United States Bankruptcy Court, N.D. Florida · Apr 22, 2008

It is well established that a tax refund attributable to pre-petition income is a prepetition asset that is property of the estate. … Moreover, even if a portion of the proceeds would qualify as “income,” the Debtor could not have “received” any proceeds because she held no equitable interest in the property. The property was purchased by Ms.

In Re Englewood Community Hospital Corp.

117 B.R. 352 · United States Bankruptcy Court, N.D. Illinois · Jul 26, 1990

In order to qualify as “actual” and “necessary” administrative expenses, expenditures must benefit the estate as a whole rather than just the creditor claimant. … After hearing all the testimonial evidence and reviewing all of the admitted documentary exhibits, the Court is clearly convinced that Berlin was the agent for The Devon Group, not the Trustee.

In Re Price

363 B.R. 734 · United States Bankruptcy Court, E.D. North Carolina · Mar 6, 2007

Thus, a security interest does not qualify as a purchase-money security interest if a debtor acquires property on unsecured credit and *741 subsequently creates the security interest to secure the purchase price. N.C. … In Jones , the analysis involved the well-established and well understood terms “debtor,” “property of the debtor,” and “property of the estate.” Jones, 339 B.R. at 363 .

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.

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.

Stuart v. Parr (In Re Parr)

222 B.R. 337 · United States Bankruptcy Court, D. Minnesota · Jul 14, 1998

It does not qualify its trigger by reference to the scope or effectiveness of that discharge. … The Defendant acknowledges that she did not establish either of the grounds for discharge under § 523(a)(8)(A) — (B) in BKY 92-32677; indeed, she never commenced a proceeding to determine whether she could.

In Re Dow Corning Corp.

211 B.R. 545 · United States Bankruptcy Court, E.D. Michigan · Jul 29, 1997

The lawsuits were initially brought by women alleging that silicone gel had caused them to develop an auto-immune connective tissue disease such as lupus, scleroderma or rheumatoid arthritis. … The Debtor clearly has the better of this argument. Even the expert whom the TCC called to establish its premise about ruptured and leaking implants, plastic surgeon Lawrence E.

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

McCarthy v. Radcliffe (In Re Radcliffe)

317 B.R. 581 · United States Bankruptcy Court, D. Connecticut · Jan 25, 2012

The Supreme Court held that exceptions to discharge under § 523(a)(6) should not be construed so broadly that even a “knowing breach of contract could ... qualify.” Id. at 62, 118 S.Ct. 974 . … The plaintiffs claim that the defendant holds title to the residence in trust for his benefit is clearly not within either the “arising under” or the “arising in” jurisdiction of the bankruptcy court, as it concerns only

Harris v. Foosaner (In re Polar Chips International, Inc.)

40 B.R. 586 · United States Bankruptcy Court, S.D. Florida. · Feb 23, 1984

There was a suggestion that POLAR CHIPS' personnel used the same serial numbers over and over, when asked by investors to specify machines, but the testimony of Trustee’s witnesses in this case does not clearly reveal that … Therefore the Court concludes that FOOSANER has not established his ownership of the machines listed on Exhibit No. 32. The Trustee’s Complaint for an accounting will be granted as to these machines.

Zaino v. Zaino (In Re Zaino)

316 B.R. 1 · United States Bankruptcy Court, D. Rhode Island · Oct 20, 2004

Clearly, there was demonstrated evidence of fraud committed during the settlement process sufficient to warrant the court to entertain this claim.... … The Defendant must establish her case by a preponderance of the evidence. Grogan v. Garner, 498 U.S. 279 , 111 S.Ct. 654 , 112 L.Ed.2d 755 (1991).

In re Strategic Labor, Inc.

467 B.R. 11 · United States Bankruptcy Court, D. Massachusetts · Mar 5, 2012

Neither the DIP Motion nor the order referred to Balboa Capital or the IRS by name but the order clearly subordinated Infor’s security interest to their liens to the extent valid. … all, or virtually all, of a debtor’s assets, the debtor is engaged in ongoing business operations, and the debtor’s continued operations preserve or enhance the value of the secured creditor’s collateral, items that may qualify

Scott v. Scott (In Re Scott)

194 B.R. 375 · United States Bankruptcy Court, D. South Carolina · Oct 24, 1995

Defendant testified that, after a Family Practice residency, his income could be $90,000.00 to $140,000.00, depending on whether he could qualify to deliver children. … In In re Calhoun, 715 F.2d 1103 (6th Cir.1983), four areas of inquiry were established by the Court to assist in determining the true nature of the obligation: 1.

Kjeldahl v. United States (In Re Kjeldahl)

52 B.R. 926 · United States Bankruptcy Court, D. Minnesota · Aug 2, 1985

The Eighth Circuit has noted that application of this section is not in harmony with long established state law mortgage foreclosure and redemption procedures. Hulm, supra, at 327. … Clearly, this is a factor the court must consider in determining reasonable equivalent value.