Case law

In re ProCare Automotive Service Solutions, LLC

359 B.R. 653 · United States Bankruptcy Court, N.D. Ohio · Jan 24, 2007

To qualify for full faith and credit, the judgment must be a valid, final judgment *657 on the merits by a court of competent jurisdiction. Alabama v. Engler, 85 F.3d 1205, 1209 (6th Cir.1996). … With liability and the amount of the debt established by state law, the second issue-the amount of the claim that should be allowed in the bankruptcy case-is decided under federal bankruptcy law.

In re Circle 10 Restaurant, LLC

519 B.R. 95 · United States Bankruptcy Court, D. New Jersey · Nov 7, 2014

The Division of Taxation contends that when the New Jersey Legislature enacted N.J.S.A. § 33:1-26, it clearly intended to allow only taxing authorities to treat a liquor license as property. … interest created by N.J.S.A. 33:1-26, a liquor license in New Jersey constitutes “property” within and for the purposes of section 6321, and that as far as the federal government is concerned, N.J.S.A. 33:1-26 could not immunize

Lehman Bros. Special Financing v. Ballyrock ABS CDO 2007-1 Ltd. (In Re Lehman Bros. Holdings)

452 B.R. 31 · United States Bankruptcy Court, S.D. New York · May 12, 2011

prior to the bankruptcy of LBHI should not be entitled to any protection under safe harbor provisions that, by their express terms, are limited exclusively to preserving the right to liquidate, terminate and accelerate a qualifying … The clause is also clearly worded and free from doubt as to its meaning.

In Re Twins, Inc.

318 B.R. 90 · United States Bankruptcy Court, D. South Carolina · Jan 28, 2004

White goes on to qualify this statement, acknowledging that language disallowing the claims does appear in the text of those documents, but that the operative provisions specifically disallowing White’s claims were “buried … Section 523 (a)(8) specifically precludes discharge of the debtor’s student loan debt without a showing of undue hardship which can only be established through an adversary proceeding. Id. at 302 .

In re Grey

45 B.R. 437 · United States Bankruptcy Court, D. Kansas · Sep 25, 1984

CONCLUSIONS OF LAW The law of Kansas is that in order to qualify as a homestead, the land must contain the debtors’ residence. Peak v. Bank, 58 Kan. 485, 489 , 49 P. 613 (1897). … It is clearly the debtors’ intention to leave only the least valuable land to the disposition of their creditors.

Cruickshank v. George R. Roberts Co. (In re Bos. Grand Prix, LLC)

599 B.R. 448 · United States Bankruptcy Court, D. Massachusetts · May 10, 2019

Clearly during the Preference Period, communications from Roberts took on an urgency not seen prior.... … Mining Co. , which is consistent with those of the Seventh and Ninth Circuits, establishes that even a first time transaction can qualify for the exception. 798 F.3d at 989 .

In re Thomas

596 B.R. 350 · United States Bankruptcy Court, W.D. Tennessee · Jan 18, 2019

October 28, 2013) (dismissing the case and holding that TDOT is a state agency entitled to sovereign immunity under the Eleventh Amendment). However, while the First Federal Suit was on appeal, Mr. … Moreover, this severe acrimony has been carried over into this Chapter 11 case clearly impeding its success. Compare FED. R. BANKR.

In re VPH Pharmacy, Inc.

578 B.R. 776 · United States Bankruptcy Court, E.D. Michigan · Dec 8, 2017

Castaldo, Howard, and most notably Den-ta, along with the attached exhibits, all establish the sale and delivery of the goods. The contested issue in this matter is receipt of the goods. … For example, goods dropped shipped to a third party do not allow a seller to qualify for Section 503(b)(9) status. In re Momenta, Inc., 455 B.R. 353, 360-61 (Bankr. D.N.H. 2011).

Palik v. Sexton (In Re Sexton)

342 B.R. 522 · United States Bankruptcy Court, N.D. Ohio · May 30, 2006

Furthermore, Judge Hayes clearly reserved jurisdiction in the Divorce Decree for the sole purpose of enforcing the Exhibit 1A provision. … Heyne] clearly committed the tort of conversion for the purposes of Ohio law.” Id.

Gadtke v. Bren (In Re Bren)

284 B.R. 681 · United States Bankruptcy Court, D. Minnesota · Oct 22, 2002

To qualify as a false representation or false pretense under 11 U.S.C. § 523 (a)(2)(A), the statement must relate to a present or past fact. Shea v. Shea (In re Shea), 221 B.R. 491, 496 (Bankr.D.Minn. 1998). … Bren would clearly have known that the Gadtkes relied on the waiver of the- liens, since the Gadtkes had the statutory right to pay the subcontractors directly if they did not receive such a waiver.

In Re Stephenson

415 B.R. 436 · United States Bankruptcy Court, D. Idaho · Feb 6, 2009

The factual assertion in the Motion to Abandon regarding Trustee's "receipt” of $10,000.00 is inconsistent with and unsubstantiated by the Final Accounting. 14 .Defendants would likely not qualify as a party in interest under … Trustee clearly seeks to administer (in some fashion) this asset. And while the case is several years old, nothing presented to the Court suggests that time alone establishes the burdensome nature of the Claim.

Montague Pipeline Technologies Corp. v. Grace/Lansing & Grace Industries, Inc. (In Re Montague Pipeline Technologies Corp.)

209 B.R. 295 · United States Bankruptcy Court, E.D. New York · May 27, 1997

Such an action does, however qualify as a proceeding “related to” a bankruptcy case. … This Court’s prior discussion reveals that it would clearly be prejudicial to the Debtor if the state court action were not allowed to continue.

In re Simoukdalay

557 B.R. 597 · United States Bankruptcy Court, E.D. Tennessee · Sep 2, 2016

The characterization of the postpe-tition fees for the claim preparation are not so clearly outside of the enforcement of the deed of trust. … Chiang to claim all of .her reasonable attorney fees, even if they would not have qualified as enforcement of the deed of trust. B. The Reasonableness of the Attorney’s Fees.

In re Wood

543 B.R. 915 · United States Bankruptcy Court, D. Idaho · Jan 4, 2016

Clearly, Debtor made a reckless decision to unilaterally reduce his payments absent an order modifying the terms of the confirmed plan. … rejecting Trustee’s arguments, the Ninth Circuit noted that the Code requires a debtor to deduct payments on secured debts in determining disposable income under § 707(b), and that “Congress did not see fit to limit or qualify

In Re Daugherty

416 B.R. 582 · United States Bankruptcy Court, N.D. Texas · Sep 9, 2009

Rather, Debtors' purchases were both consistent with prior spending patterns and neither so extravagant nor so clearly undertaken in anticipation of bankruptcy as to indicate abuse. [17] 2. … Daugherty was clearly humbled by his situation.

In Re IBIS Corp.

272 B.R. 883 · United States Bankruptcy Court, E.D. Virginia · Oct 5, 2001

Neither cashing the distribution check nor maintaining a current address is necessary to establish eligibility to participate in the distribution under the plan. … Clearly, the creditors to whom those distributions were mailed have done everything required to be eligible for participation in distributions under the plan.

Rimal v. Wibisono

412 B.R. 747 · United States Bankruptcy Court, D. Maryland · Mar 16, 2009

The Ninth Circuit Court of Appeals concluded that “reckless conduct could be sufficient to establish fraudulent intent.” Household Credit Services, Inc. v. … See also In re Colodner, 147 B.R. 90, 95 (Bankr.S.D.N.Y.1992) (“As a 100 percent shareholder of IPM, the debtor had sufficient financial interest in IPM so that the debt owed to the plaintiffs by IPM could qualify as *755

Signia, Ltd.

United States Bankruptcy Court, D. Colorado · Jan 29, 2024

In other words, the clause describes the particular type of qualifying “circumstances.” … Since the Bankruptcy Code “standardizes an expansive (and sometimes unruly) area of law,” it is the Court’s “obligation to interpret the Code clearly and predictably using well established principles of statutory construction

Steege v. at & T (In Re Superior Toy & Manufacturing Co.)

183 B.R. 826 · United States Bankruptcy Court, N.D. Illinois · Jun 23, 1995

Under the expansive definition of a copyright, Nolan’s designs qualify as a copyright. Next, Nolan granted, orally, Superi- or a non-exclusive right to use its designs. … The payment of Nolan’s invoices were clearly not in the ordinary course of Superi- or’s business. As a result, Nolan’s § 547(c)(2) defense must be rejected. IV.

Loy v. Federal Home Loan Mortgage Corp. (In re Loy)

557 B.R. 569 · United States Bankruptcy Court, N.D. Ohio · Aug 22, 2016

Res judicata elements one and two are clearly satisfied in the case at bar. … For these reasons, Defendant has established the third element of res judicata.