Case law

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.

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.

Commercial Financial Services, Inc. v. Jones (In Re Commercial Financial Services, Inc.)

251 B.R. 397 · United States Bankruptcy Court, N.D. Oklahoma · Apr 21, 2000

This Court disagrees with the court’s conclusion in Concept Clubs. 10 First, the assertion of setoff, whether as a defense or as a counterclaim, clearly invokes the claims allowance process. … On October 1, 1999, the Court entered an Order Authorizing and Establishing Procedures for Discovery Pursuant to Bankruptcy Rule 2004, which established a Rule 2004 discovery plan including timetables and pro *413 cedures

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

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).

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.

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 .

In Re Johns-Manville Corp.

36 B.R. 743 · United States Bankruptcy Court, S.D. New York · Jan 23, 1984

A court-appointed receiver would qualify as a party in interest in privity with the debtor for the purposes of § 362(d). … Under the Emergency Rule, the appointment of a legal representative for claimants is clearly a core matter arising under the Code.

In Re Cenargo International, PLC

294 B.R. 571 · United States Bankruptcy Court, S.D. New York · Jun 27, 2003

All of these provisions clearly were commendable efforts to establish an orderly framework for coordinating the U.S. cases and the English proceedings. … The standard governing review of fee applications under the Bankruptcy Code is well established.

Notinger v. Migliaccio (In Re Financial Resources Mortgage, Inc.)

454 B.R. 6 · United States Bankruptcy Court, D. New Hampshire · Jul 8, 2011

A complaint must allege facts,which will establish a plausible claim for relief. … , and (ii) those facts suffice to establish the affirmative defense with certitude.”)

Jacobs v. State Ex Rel. Weatherford (In Re Jacobs)

149 B.R. 983 · United States Bankruptcy Court, N.D. Oklahoma · Jan 29, 1993

Nor does the State of Oklahoma’s sovereign immunity protect the Commissioner from an action for injunctive relief, 11 U.S.C. § 106 (c), In re Crook, 966 F.2d 539 , 541-543 (10th Circ.1992), In re Mas-senzio, 121 B.R. p. 693 … Grimes, 672 P.2d 323, 325 (Okl.App.1983), license revoked where evidence “clearly demonstrates a course of conduct ... over an extended period of time that was incompatible with ... good faith and fair dealing ... ”; Fisher

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.

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.

Price-Watson Co. v. Amex Steel Corp. (In Re Price-Watson Co.)

66 B.R. 144 · United States Bankruptcy Court, S.D. Texas · Oct 28, 1986

On 458 U.S. page 67, 102 S.Ct. at 2867 the Marathon Court said: “This doctrine may be explained in part by reference to the traditional principal of sovreign immunity, which recognizes that the government may attach conditions … The standard of review in core matters on appeal is “clearly errorneous” standard. However, in related to matters, as noted above, the review is a “de novo” review.

Manning v. Wallace (In Re First Financial Associates, Inc.)

371 B.R. 877 · United States Bankruptcy Court, N.D. Indiana · Jul 20, 2007

Clearly, Darrell intended that his fiancé receive the money instead of the creditors of the Debtor. … Wallace under Kemper Policy 646; the Court has determined that the death benefit is immune from challenge by the Trustee.

In Re John Richards Homes Building Co., L.L.C.

291 B.R. 727 · United States Bankruptcy Court, E.D. Michigan · Apr 25, 2003

On July 15, 2002, after a hearing, the Court dismissed the petition, finding that Adell “knew or surely must have known that his claim was the subject of a bona fide dispute, and therefore that he was not qualified to be … Indeed the evidence establishes that Adell intended to cause that harm.

McLean v. City of Philadelphia, Dept. of Revenue (In Re McLean)

97 B.R. 789 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 20, 1989

Such a conclusion was clearly correct prior to the 1963 amendments to § 7106 of the Municipal Liens Act, see, e.g., Township of Lower Merion v. … The City’s final defense is raised in its posttrial memorandum of law, 17 that it qualifies as a good faith transferee pursuant to 11 U.S.C. § 550 (d) and, therefore, is entitled to a lien on the subject real property for

In Re Robertson

370 B.R. 804 · United States Bankruptcy Court, D. Minnesota · Jul 3, 2007

Congress re-identified the putative wrong against which § 707(b) lies, by deleting the qualifying adjective from the identifier; now the court may dismiss “if it finds that the grant of relief [under Chapter 7] would be an … This is one instance, however, where the onus of acting quickly, clearly, and decisively falls on a party other than the debt- or.

Marlow v. Rollins Cotton Co. (In Re Julien Co.)

127 B.R. 604 · United States Bankruptcy Court, W.D. Tennessee · May 3, 1991

In order to establish a preference, § 547(g) mandates that the Trustee has the burden of proof to establish all elements under § 547(b) which provides: (b) Except as provided in subsection (c) of this section, the trustee … There are only legal issues as to the conclusions to be drawn from the established material facts.

New York City Housing Authority v. G-I Holdings, Inc. (In re G-I Holdings, Inc.)

514 B.R. 720 · United States Bankruptcy Court, D. New Jersey · Aug 12, 2014

The Confirmation Order and Plan established various deadlines and provided for the discharge of Claims. … These are pre-petition acts, and the Plan clearly talks about claims that arise from pre-petition acts.