Case law

In Re Kimmel

367 B.R. 174 · United States Bankruptcy Court, N.D. California · Apr 11, 2007

It provides the marital community, of which she is an equal member, a fresh start.[ ] Such is the clearly stated policy of Congress. ... … BAP (Wash.) 1989) (stating in dicta that after-acquired community property is immune from collection efforts, even if creditor’s claim is only against nondebtor spouse); In re Hull, 251 B.R. 726, 732 (9th Cir.

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 Southern Soya Corp.

251 B.R. 302 · United States Bankruptcy Court, D. South Carolina · May 2, 2000

If Colorchrome qualifies for administrative priority status it will be because of the application of another section of the Bankruptcy Code and not because Colorchrome may “fall back” from subsection (c) to subsection (a) … Harper clearly establish that he is a primary obligor on the loan. Furthermore, the Committee points to the language in the Unconditional Guaranty signed by Mr.

Montgomery Ward & Co. v. Blackburn (In Re Blackburn)

68 B.R. 870 · United States Bankruptcy Court, N.D. Indiana · Jan 12, 1987

Plaintiff argued that-this subsection expressly refers to § 523(a)(2)(A), which it had clearly raised in the complaint. … Certain goods may not qualify as necessities and still not be luxuries. Luxury in itself implies extravagance, superfluousness, self-indulgence; going beyond or overflowing an implicit, indeterminate level of comfort.

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.

Rupp v. Ayres (In Re Fabbro)

411 B.R. 407 · United States Bankruptcy Court, D. Utah · Jul 29, 2009

creditor,” “person,” and “claim” under the UFTA and the direction from the Utah Supreme Court to construe the statute liberally, the Court concludes that the Trustee’s claims for and on behalf of Indy-Mac Bank and Citimortgage qualify … In this matter, Heywood, as Fabbro’s real estate agent, clearly had a duty to disclose.

Merrill v. Abbott (In Re Independent Clearing House Co.)

41 B.R. 985 · United States Bankruptcy Court, D. Utah · Aug 6, 1984

Moreover, even if the Court were to assume that actual intent to defraud was present, defendants would be immune from the trustee’s avoidance power under Section 548(c). … "Such a result would be most shocking to a sense of justice and fairness, and should only be effected if the facts clearly and fully established and found are such that the law applicable thereto requires such conclusion.

Grochocinski v. Kennedy (In Re Miller)

148 B.R. 510 · United States Bankruptcy Court, N.D. Illinois · Nov 30, 1992

The Miller Children Trust should not be confused with an ERISA qualified pension plan, which is exempted from a bankruptcy estate under § 541(c)(2) of the Bankruptcy Code. See, Patterson v. … An escrow account had been established at Chicago Title & Trust Company on July 28, 1992. 11 .

Gruppo Formstar LLC v. FM Forrest, Inc. (In re FM Forrest, Inc.)

587 B.R. 891 · United States Bankruptcy Court, S.D. Texas · Jul 18, 2018

And finally, the State Court's decision was not clearly erroneous and would not work a manifest injustice on Morgan. … Dec. 23, 2014) (burden of establishing relief under FRCP 60(b) is upon the movant).

In Re Jason Pharmaceuticals, Inc.

224 B.R. 315 · United States Bankruptcy Court, D. Maryland · Jul 6, 1998

Clearly, the Skees’ suit fails to meet this exception. … By bringing suit against Jason, the Skees seek only to establish and determine the extent of its liability so that they may recovery from its insurer St. Paul.

B.K. Medical Systems, Inc. Pension Plan v. Roberts (In Re Roberts)

81 B.R. 354 · United States Bankruptcy Court, W.D. Pennsylvania · Dec 9, 1987

Clearly the above is an overstatement of the situation at hand. Equally clearly, the characterization has an analogical basis. … Debtor and his sons were all aware of this requirement, yet the stock certificate clearly indicates a transfer by Debtor to both sons.

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.

In Re White

231 B.R. 551 · United States Bankruptcy Court, D. Vermont · Mar 17, 1999

According to Sears, § 722 gives a debtor the unfettered right to redeem qualifying property by paying the ‘replacement value’ of the collateral. … Such a determination, however, must be made by a court, not by Sears. 13 “Thus, where the statute establishes certain predicates to an action and their existence has not yet been established, the consent of all parties does

In Re Thompson

456 B.R. 121 · United States Bankruptcy Court, M.D. Florida · May 6, 2010

Hefferan, to adjudicate any claims or objections to that certain Amended Order entered by this Court on August 29, 2006 and for the subsequent entry of a Qualified Domestic Relations Order. 13 The Settlement Agreement and … He has established Hefferan knowingly, intentionally, and repeatedly violated the discharge injunction and is in contempt of Court. Cecil has established he is entitled to an award of actual damages and sanctions.

All American Laundry Service v. Ascher (In Re Ascher)

128 B.R. 639 · United States Bankruptcy Court, N.D. Illinois · May 24, 1991

In addition, Debtor’s estate might be entitled to damages should it be established that Plaintiffs wrongfully converted estate property. … Abstention would serve only to hinder a swift and efficient resolution of the Removed Case, a resolution which is clearly of much importance to the creditors of the estate.

Harpole Construction, Inc. v. Medallion Midstream, LLC (In re Harpole Construction, Inc.)

565 B.R. 193 · United States Bankruptcy Court, D. New Mexico · Jan 10, 2017

Here, the parties seek only money damages for their fraud and breach of contract claims, remedies that clearly are legal rather than equitable. … Neither FRCP 38 nor FRCP 39 establishes a deadline to object to a jury demand. Moreover, FRCP 12(f), which sets a 21-day deadline to file certain motions to strike, does not apply to jury demands.

At & T Universal Card Services Corp. v. Feld (In Re Feld)

203 B.R. 360 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 18, 1996

AT & T to qualify for the credit extension. Debtor did acknowledge requesting the convenience checks she used to secure certain of the cash advances. … Nevertheless, AT & T’s case must fail because it did not establish reliance.

Counsell v. Colfack (In Re Colfack)

393 B.R. 222 · United States Bankruptcy Court, D. Nebraska · Aug 20, 2008

Janelle testified at trial that the $15,000 loan was meant to be a temporary one-to two-month loan to pay off her car in order to help her qualify for a refinance of her real property. … That clearly is precluded by Rooker-Feldman. See Portwood v. Young (In re Portwood), 308 B.R. 351, 355 (8th Cir.

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

Wayne D. Meehean and Reda L. Meehean

United States Bankruptcy Court, E.D. Michigan · Jan 27, 2020

The bankruptcy court in Mains noted that, although the Sixth Circuit has not yet decided whether Social Security benefits should be included in the § 1325(a)(3) good faith analysis, Sixth Circuit decisions “clearly establish … No one would suggest that such a beneficiary has immunity from paying the restaurant bill he or she incurred just because the cash to pay came from Social Security benefits.