Case law

In Re Trevarrow Lanes, Inc.

183 B.R. 475 · United States Bankruptcy Court, E.D. Michigan · May 5, 1995

That argument is overruled because the State failed to establish that its claim is entitled to administrative status. … The basis for the former assertion is the IRS’ contention that its claim against Trevarrow for a penalty and interest thereon, amounting to $35,318.33, qualifies as a priority claim under [former] § 507(a)(7).

Gugino v. Clark's Crystal Springs Ranch, LLC (In re Clark)

525 B.R. 107 · United States Bankruptcy Court, D. Idaho · Dec 30, 2014

Further, Debtor’s credibility was not enhanced by his evasive and qualified responses to questioning. … Thus, the bankruptcy court “did not clearly err in determining that the exercise of disentangling the affairs ... would be needlessly expensive and possibly futile.” Id. at 767.

Segell v. Letlow (In Re Letlow)

385 B.R. 782 · United States Bankruptcy Court, N.D. Georgia · Aug 9, 2007

There is no evidence that the Letlows intended to establish this account as a joint account but mistakenly opened it in Mr. Letlow’s name. … “Fraudulent intent ... may be established by circumstantial evidence, or by inferences drawn from a course of conduct.” Playnation Play Sys. v.

In Re McCleary

284 B.R. 876 · United States Bankruptcy Court, N.D. Iowa · Aug 28, 2002

These documents qualify as statements "respecting the debtor's financial condition." Slater testified regarding oral statements by Debtor regarding his financial condition. … Clearly, these are statements "respecting the debtor's financial condition" under § 523(a)(2)(B).

DESTILERIA NACIONAL INC

United States Bankruptcy Court, D. Puerto Rico · Mar 3, 2021

The Civil Code, in Article 283, establishes that a “certain date” is the date that establishes that an instrument was not signed on a future date. 1 … Cruz is the president and sole shareholder of the Debtor 17 Destilería, he does not qualify as a third party that may through a consignment extinguish a debt of the Debtor.

In Re Public Service Co. of New Hampshire

99 B.R. 155 · United States Bankruptcy Court, D. New Hampshire · Mar 22, 1989

June 22 through December 27, 1988 period there, were relatively few full-bore negotiating sessions between the Debtor and the State, and only three general negotiating sessions with the Debtor, the State, and all other qualified … I take this to be an irrelevant factor for my purposes inasmuch as the record also clearly establishes that no party in interest would act on any offer without making, its own financial runs in its own computer model of the

In Re Chicago Partnership Board, Inc.

236 B.R. 249 · United States Bankruptcy Court, N.D. Illinois · Jul 8, 1999

In sum, Fifth Third Bank has failed to establish all the elements of equitable estoppel. C. … Bankruptcy Rule 3002 establishes the time by which an unsecured creditor must file a proof of claim.

Brandt v. Hicks, Muse & Co. (In Re Healthco International, Inc.)

208 B.R. 288 · United States Bankruptcy Court, D. Massachusetts · Apr 9, 1997

Obviously, Kempner and Mai fail to qualify as disinterested if they are found to have had a material financial interest in the transaction. … But the director must establish the fairness of the transaction in all instances.

Fairchild Aircraft Inc. v. Cambell (In Re Fairchild Aircraft Inc.)

184 B.R. 910 · United States Bankruptcy Court, W.D. Texas · Jul 6, 1995

But the scope of the concept remains extraordinarily broad nonetheless, thanks to the qualifying terms in the statute, and the further explanations contained in the legislative history. … That establishes the thesis. Now for the antithesis. What sort of relief is “possible” in the bankruptcy context?

In Re Rook Broadcasting of Idaho, Inc.

154 B.R. 970 · United States Bankruptcy Court, D. Idaho · May 7, 1993

The Third Circuit held section 1125(b) establishes a floor on information the creditors may receive, and not a ceiling. 860 F.2d at 100 . … Other courts have qualified this essentially unrestricted view of communications. A summary of later case law is found in In re Apex Oil Co., 111 B.R. 245, 246-49 (Bankr.E.D.Mo.1990).

In Re Souders

75 B.R. 427 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 10, 1987

Edward Carter, a qualified real estate appraiser called by the Movant, valued the premises, as of March 16, 1987, at $70,000.00. … The state court record and the silence of the Movant on this point clearly establishes that no such notice was sent here.

South Coast Supply Co. v. a & M Operating Co.

182 B.R. 986 · United States Bankruptcy Court, E.D. Texas · Aug 31, 1993

For a number of reasons, the Court is not convinced that this evidence establishes that Parsons is the owner of the vessel. … South Coast’s invoices clearly identify each of the components provided and to which vessel (identified by purchase order number) it was to be instaKed.

In Re Vogt

250 B.R. 250 · United States Bankruptcy Court, M.D. Louisiana · Jun 9, 2000

Just as clearly, the trustee is a party in interest. … A trustee selected is qualified to serve only if “before five days after such selection, and before beginning official duties, such person has filed with the court a bond in favor of the United States conditioned on the faithful

Creative Hairdressers, Inc.

United States Bankruptcy Court, D. Maryland · Mar 3, 2022

In affirming, the Supreme Court focused on the operation—not the label—of the provision establishing the liability. CF&I, 518 U.S. at 224. … As established at length above, the ESRP is triggered by a transaction— the employee’s enrollment in a qualified plan.

Lassman v. Reilly (In Re Feeley)

429 B.R. 56 · United States Bankruptcy Court, D. Massachusetts · Apr 13, 2010

According to Costa, who was employed by Affordable Funding at the time and who obtained the Debtors’ credit report, the Debtors were not qualified to refinance their home because of their poor credit. … Plaintiff is simply proxy for the bankrupt, and this action clearly arose within the context of the underlying business contract between bankrupt and defendant’s principal....

Martin v. Stoddard (In Re Stoddard)

248 B.R. 111 · United States Bankruptcy Court, N.D. Ohio · Feb 11, 2000

However, Ohio case law has clearly held that judgments entered by default are to be treated as if they had been fully adjudicated on the merits. Petrie v. W. Reserve Pole Bldg. … in question or where the validity of a statute of any State is drawn in question on the grounds of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity

Memo Money Order Co. v. Davis (In Re Davis)

371 B.R. 127 · United States Bankruptcy Court, E.D. North Carolina · May 23, 2007

The Agreement clearly defines a trust relationship between Davis IGA as trustee and MEMO as beneficiary. … MEMO established this point in its memoranda of law accompanying its motion for summary judgment. *137 The court finds that Mr.

Indiana Lumbermens Mutual Insurance v. Rusty Jones, Inc. (In Re Rusty Jones, Inc.)

124 B.R. 774 · United States Bankruptcy Court, N.D. Illinois · Mar 13, 1991

However, that issue is inextricably tied to the remaining issues to be resolved in the Adversary Proceeding which do clearly arise under Title 11. … In Chicago, the Seventh Circuit reasoned that a bankruptcy court is qualified to decide a suit where “no more uncertainty attends [its] disposition than is present in the decision of most legal questions ... or where the

In Re Riney

259 B.R. 217 · United States Bankruptcy Court, M.D. Florida · Feb 23, 2001

conduct, a debtor who files a chapter 7 should not be denied a discharge by denial of the recourse to bankruptcy without a showing that the debt is nondischargeable under Bankruptcy Code § 523 or that the debtor would not qualify … See In re Motaharnia, 215 B.R. 63, 68 (Bankr.C.D.Cal.l997)(holding that § 707(a) should apply “only to egregious cases where the debtor’s motives are clearly inconsistent with the established purpose of the Bankruptcy Code

In Re Chateaugay Corp.

155 B.R. 625 · United States Bankruptcy Court, S.D. New York · May 28, 1993

This coverage is usually provided by one or more of the following methods: purchase of commercial insurance; payment into a state-sponsored fund; or by qualifying as a self-insurer. … When “[t]he classification is clearly for the purpose of manipulating voting[,] ... it may not stand.” Bryson, supra, 961 F.2d at 502 .