Case law

Butler v. Candlewood Road Partners, LLC (In re Raymond)

529 B.R. 455 · United States Bankruptcy Court, D. Massachusetts · Apr 17, 2015

We find no basis in the record to justify a conclusion that the court's finding was clearly erroneous. … He argues that he clearly has standing to pursue this claim because it falls within the discharge of his duties under section 704(a) of the Bankruptcy Code; that is, he is seeking to establish that the Great Neck Residence

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

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.

McDermott v. Crabtree (In re Crabtree)

554 B.R. 174 · United States Bankruptcy Court, D. Minnesota · Aug 8, 2016

The evidence also clearly established *193 that the Debtors made each of the transfers, with the possible exception of the transfers made through Crabtree Law Firm. … In consequence, § 727(a)(2)(A) bars a debtor the privilege of a discharge, while § 548 provides a trustee the power to avoid a qualifying transfer'.

Martin Marietta Materials Southwest, Inc. v. Lee (In Re Lee)

309 B.R. 468 · United States Bankruptcy Court, W.D. Texas · Apr 21, 2004

An action under section 727(a)(5) is thus not established. C. § 727(a)(2): 1. … As none was established, there is no basis for denial of discharge under subsection (7) either.

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

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.

In Re Win Trucking, Inc.

236 B.R. 774 · United States Bankruptcy Court, D. Utah · Jul 27, 1999

assertion that the Tenth Circuit had adopted the liberal minority “excusable neglect” test found in Magouirk, but holding that even under Magouirk no court has found excusable neglect where the failure to timely file was clearly … Had Congress desired to establish a quid pro quo criteria for statutory compliance, it would have so indicated.

In Re Gonzales

297 B.R. 143 · United States Bankruptcy Court, D. New Mexico · Aug 22, 2003

And one consequence of judges, and parties, establishing their own standards is a divergence of standards. “[T]he more subjective the decision, the less predictable the result. … Given Debtor’s age (62) and his varying sources of income, and the fact that social security income is immune from garnishment for this sort of debt, 42 U.S.C. § 407 (a), the likelihood of Mr.

Stacey L Friedrich

United States Bankruptcy Court, W.D. Wisconsin · May 5, 2020

Fishel was a true consumer debtor whose unsecured debt amount was not clearly established under the presented facts. Ms. … Fishel’s] case where the amount of unsecured debt is not clearly established. Fishel, 583 B.R. at 479. In Fishel, the debts were primarily consumer debts.

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

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.

Hasset v. Blue Cross & Blue Shield (In Re O.P.M. Leasing Services, Inc.)

46 B.R. 661 · United States Bankruptcy Court, S.D. New York · Feb 27, 1985

BCBS ' asserts that the Trustee has not established the first element of a preferential transfer under § 547 of the Code, because the release of the escrow deposit was not a transfer of OPM’s property. … However, § 541(d) qualifies the otherwise broad scope of this definition by providing that “[pjroperty in which the debtor holds, as of the commencement of the case, only legal title and not an equitable interest ... becomes

Emad Emile Dides

United States Bankruptcy Court, D. Maryland · Jan 11, 2023

Upon the filing of the Petition, a bankruptcy estate was established that comprised all of Dides’s assets. Appellee Roger Schlossberg (“the Trustee”) was appointed as trustee of the estate. … A Chapter 7 debtor’s right to convert to Chapter 13 rests on his ability to qualify as a Chapter 13 “debtor.” Jd. § 706(d); Marrama y. Citizens Bank of Mass., 549 U.S. 365, 372 (2007).

Bayer Employees Federal Credit Union v. Sapp (In Re Sapp)

364 B.R. 618 · United States Bankruptcy Court, N.D. West Virginia · Mar 26, 2007

Palmer stated that the Debtor’s debt to income ratio was O. 32, *629 which qualified him for the loan. … See, e.g., In re Treadwell, 699 F.2d 1050, 1051 (11th Cir.1983) (“[L]ove and affection are clearly insufficient to protect the transfers from the Trustee....

In re Residential Capital, LLC

474 B.R. 112 · United States Bankruptcy Court, S.D. New York · Jun 20, 2012

, the court denied the motion of the *120 committee of equity security holders (“Equity Committee”) to appoint an examiner despite the fact that no trustee had been appointed, no plan had been confirmed, and the debtors clearly … In the first instance, the scope of the investigation established by the 2004 Order sets the appropriate scope parameter for the investigation, subject to later adjustment if necessary. .

United Air Lines, Inc. v. UMB Bank, N.A. (In Re UAL Corp.)

374 B.R. 625 · United States Bankruptcy Court, N.D. Illinois · Aug 24, 2007

As discussed below, the evidence presented at a trial of this issue establishes that the value of the leasehold is $33,455,055. … Therefore the taxable equivalent of the current yield to maturity of GARBs is not by itself adequate to establish a discount rate.

Daniel H. Golden, as Litigation Trustee of the QHC v. Community Health Systems, Inc.

United States Bankruptcy Court, D. Delaware · Mar 16, 2023

The Plaintiffs contend that whether the safe harbor of § 546(e) protects the Spin-Off Dividend requires a fact-based inquiry and should be considered in a motion to dismiss only if “the defense is clearly established on … -2 (a qualifying participant) as a subsequent transferee.

In Re Marshall

298 B.R. 670 · United States Bankruptcy Court, C.D. California · Aug 26, 2003

This disclosure was clearly sufficient for the creditors to inquire further if they had any interest. … However, the stock itself was clearly listed in the schedule. The court finds that this disclosure was sufficient.

In Re Basis Yield Alphs Fund (Master)

381 B.R. 37 · United States Bankruptcy Court, S.D. New York · Jan 16, 2008

That failures to object is not conclusive is established by, at the least, legislative history and caselaw. … ) is organized and/or registered, and as what kind of business entity {e.g., corporation, limited liability company, general or limited partnership, business trust, etc.); (b) to what extent Basis Yield is registered or qualified