Case law

Gold v. Interstate Financial Corp. (In Re Schmiel)

319 B.R. 520 · United States Bankruptcy Court, E.D. Michigan · Jan 20, 2005

The court in Bohlen then established a three part test to determine whether a transaction qualified for the earmarking doctrine: (1) the existence of an agreement between the new lender and the debtor that the new funds will … The transfer to [the new creditor] that occurred upon perfection of its lien was separate and distinct from the transfer that occurred when [the original creditor] was paid with borrowed funds, and this transfer was clearly

Brunson v. Austin (In Re Austin)

271 B.R. 97 · United States Bankruptcy Court, E.D. Virginia · Jun 4, 2001

The section also establishes a debt owed to Brunson in an amount equal to 25% of any proceeds received from the Virginia Lawsuit. … Such a purpose is clearly in the nature of support and therefore the debts regarding the Credit Card Bills and Consolidation Loans are in the nature of support.

In Re Boulders on the River, Inc.

169 B.R. 969 · United States Bankruptcy Court, D. Oregon · Jul 15, 1994

Clearly, an award of attorney’s fees and costs to Gentra are provided for under the Notes. … McCullen testified that he did not feel qualified to testify as an expert witness regarding the fees requested by NPPK in the Arizona proceedings. Mr.

In Re St. Joseph Cleaners, Inc.

346 B.R. 430 · United States Bankruptcy Court, W.D. Michigan · Jul 12, 2006

The answer is a qualified yes. … Clearly, parties must be able to rely on the permanency of the plan.

In Re Family Health Services, Inc.

101 B.R. 636 · United States Bankruptcy Court, C.D. California · Jun 9, 1989

An HMO selects which health care professionals will serve its en-rollees and does not assume an “insurance” risk of post-injury payment to its enrollees for any qualified service. … HMOs provide health care services, an activity which clearly affects the public interest.

In re Waterford Hotel, Inc.

497 B.R. 255 · United States Bankruptcy Court, E.D. Michigan · Aug 1, 2013

But clearly this is not such a case. First, the Debtor in this case clearly is not “solvent,” and no one has ever argued otherwise. … Rather, when a business seeks to reorganize, only a reasonable assurance of commercial viability is required to establish feasibility for purposes of § 1129(a)(ll).

Ackerman v. Ventimiglia (In Re Ventimiglia)

362 B.R. 71 · United States Bankruptcy Court, E.D. New York · Feb 27, 2007

On October 8, 2002, Neil Ackerman, Esq. was appointed and duly qualified to serve as the Chapter 7 trustee of the Debtors’ case (the “Trustee” or “Plaintiff’). … Clearly the Debtors have a close personal relationship with the Carraghers and had been living with the Carraghers for a number of years.

Allen v. Scott (In re Scott)

481 B.R. 119 · United States Bankruptcy Court, N.D. Alabama · Sep 27, 2012

I had a power of attorney on her that was established back in 2000. Q. Okay. … For purposes of § 523(a)(4), the applicable state law creating a fiduciary relationship must clearly outline the fiduciary duties and identify the trust property; if state law does not clearly and expressly impose trust-like

In Re Segura

218 B.R. 166 · United States Bankruptcy Court, N.D. Oklahoma · Mar 5, 1998

Such advertising, like most advertising, is designed to entice buyers to visit the dealer’s place of business; the ads likely reflect the best-case scenario for the most creditworthy car buyers who qualify for such low interest … WFS never clearly defined the scope of the areas covered by the interest rate statistics contained in its Exhibit 7.

Goodman v. Mr. Goodbuys of New York Corp. (In Re Mr. Goodbuys of New York Corp.)

164 B.R. 24 · United States Bankruptcy Court, E.D. New York · Feb 18, 1994

ISSUES The sole issue is whether Goodman falls within any of the protected classes established by WARN. … Goodman does not qualify as an affected employee and the provisions of WARN cannot apply to him.

Xenakis v. United States (In Re Xenakis)

262 B.R. 339 · United States Bankruptcy Court, W.D. Pennsylvania · Mar 28, 2001

This presumption is, however, a qualified one. It does not come into play in a case involving unreported income unless IRS presents “some predicate evidence connecting the taxpayer to the charged activity”. Gerardo v. … The burden then shifts to IRS to produce evidence establishing that its assessment was correct. Sullivan v. U.S., 618 F.2d 1001, 1008 (3d Cir.1980). If IRS fails to do so, the taxpayer prevails.

In Re Eastern Maine Electric Cooperative, Inc.

121 B.R. 917 · United States Bankruptcy Court, D. Maine · Dec 3, 1990

As originally established in 1969, MMWEC was to be the power planning organization of the electric systems of certain Massachusetts municipalities. … The books and records of the Cooperative shall be set up and kept in such a manner that at the end of each fiscal year the amount of capital, if any, so furnished by each patron is clearly reflected and credited in an appropriate

Mourer v. Equicredit Corp. of America (In Re Mourer)

287 B.R. 889 · United States Bankruptcy Court, W.D. Michigan · Jan 10, 2003

Under 12 C.F.R. § 226.17 (a)(1): “The creditor shall make the disclosures required by this subpart clearly and conspicuously in writing, in a form that the consumer may keep.” Mrs. … Equicredit’s treatment under the confirmed plan was established without vagary. Equicredit was entitled to receive the stated amount plus arrearages with interest on its secured claim.

City of Chi. v. Spielman (In re Spielman)

588 B.R. 198 · United States Bankruptcy Court, N.D. Illinois · Aug 6, 2018

The party seeking summary judgment always bears the burden of establishing that there are no genuine issues of material fact in dispute. Celotex Corp. v. … Congress included two qualifying phrases; the fines must be both 'to and for the benefit of a governmental unit,' and 'not compensation for actual pecuniary loss.' " Kelly v.

Roberts

United States Bankruptcy Court, D. New Jersey · Dec 4, 2025

There can be no willful violation of the discharge injunction for debts not discharged. 4 The Discharge Order clearly states: “Debts that are Not Discharged. . . . d. … Servicers have an independent duty to evaluate qualified education loan status; 5.

In Re Montoya

333 B.R. 449 · United States Bankruptcy Court, D. Utah · Nov 23, 2005

The changes made by BAPCPA, however, clearly shift that burden to the "party in interest.” 13 . … otherwise dictates, that Congress means to incorporate the established meaning of these terms.’ ”) (quoting Nationwide Mut.

Velo Holdings Inc. v. Paymentech, LLC (In re Velo Holdings Inc.)

475 B.R. 367 · United States Bankruptcy Court, S.D. New York · Jul 18, 2012

Vertrue is not qualified to submit credit-card payment receipts directly to the VISA or MasterCard network, so Ver-true depends on Paymenteeh, an authorized credit-card processor, to consummate those transactions. … This action clearly ‘stems from the bankruptcy itself.’ ”). B.

Cash v. Armstrong (In Re Armstrong)

54 B.R. 399 · United States Bankruptcy Court, N.D. Alabama · Oct 22, 1985

established that their judgment debt should be excepted from Mr. … The Court qualified this rule in McDonald v.

DiVittorio v. HSBC Bank, USA, N.A. Ex Rel. Ace Securities Corp. Home Equity Loan Trust (In Re DiVittorio)

430 B.R. 26 · United States Bankruptcy Court, D. Massachusetts · May 28, 2010

Please ask us for our current Interest Rates and Margins. 21 As emphasized above, the interest rate was subject to a performance based rate reduction feature (the “Reduction Feature”) by which the Debtor would qualify for … I concur and conclude that as disclosure statutes, TILA and the CCCDA require any waiver of such claims to be clearly and conspicuously disclosed.

In Re PPI Enterprises (U.S.), Inc.

228 B.R. 339 · United States Bankruptcy Court, D. Delaware · Dec 30, 1998

other factual propositions which could not be properly established by such filing. … Such treatment could not qualify for nonimpairment under § 1124(1) because the failure to pay postpetition interest does not leave unaltered the contractual or legal rights of the claim.