Case law

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 Fravel

143 B.R. 1001 · United States Bankruptcy Court, E.D. Virginia · Jul 29, 1992

This uncertainty is clearly false pretenses. There is a lure, bait, and a switch, a double switch from gift to soap to appliances. … But there are occasions when the limited liability sought to be obtained through the corporation will be qualified or denied. Mr.

Mother African Union Methodist Church v. Conference of AUFCMP Church (In re Conference of African Union First Colored Methodist Protestant Church)

184 B.R. 207 · United States Bankruptcy Court, D. Delaware · Apr 28, 1995

The Vice Chancellor is entitled to judicial immunity when acting on matters within his jurisdiction, which he clearly was in this situation. See Pierson v. … a proposition regarding security interests in Debtor’s property which cannot be established by a Chapter 7 filing.

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.

Kassover v. Prism Venture Partners, LLC (In Re Kassover)

336 B.R. 74 · United States Bankruptcy Court, S.D. New York · Jan 12, 2006

See also Nemsa Establishment, S.A. v. Viral Testing Sys. … At best, the State Court Action is tangentially related to events that occurred during the Debtor’s bankruptcy proceeding but it clearly does not “arise in” or “arise under” the Bankruptcy Code and is not core. Cf.

Lacheen v. Internal Revenue Service (In Re Lacheen)

365 B.R. 475 · United States Bankruptcy Court, E.D. Pennsylvania · Mar 20, 2007

It was clearly established that both Mr. and Mrs. … Every year she signed a tax return which would clearly indicate that estimated payments were not made.

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.

In Re Cudeyro

213 B.R. 910 · United States Bankruptcy Court, E.D. Pennsylvania · Oct 20, 1997

After a hearing, this motion was granted and a bar date of January 31, 1997 was established. (Docket entry # 63.) … Only if such amendment is allowed is Debtor entitled to an opportunity to establish his homestead claim”).

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

In Re Healthback, L.L.C.

226 B.R. 464 · United States Bankruptcy Court, W.D. Oklahoma · Jul 31, 1998

Its costs are reimbursed by the Secretary as a part of the federal Medicare program established by Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. … Each time the debtor provides services to a Medicare qualified patient, it is entitled to receive reimbursement from the Department of Health and Human Services.

Ocwen Loan Servicing, LLC v. AIG Federal Savings Bank (In re Laddusire)

494 B.R. 383 · United States Bankruptcy Court, W.D. Wisconsin · Jun 20, 2013

Moreover, the claims that have, in fact, been pleaded reveal that the Foreclosure Action is clearly not a core proceeding. … Section 1349 establishes a limit on federal jurisdiction, not an independent basis for it. See, e.g., Murphy v. Colonial Fed.

In re West Central Housing Development Organization

338 B.R. 482 · United States Bankruptcy Court, D. Colorado · Dec 21, 2005

It is enough that it has a quasi-sovereign interest in protecting the rights of that group of citizens in the six county area served by WCHDO who may qualify for housing assistance. … Those funds are very clearly excluded from the bankruptcy estate. But for funds to be excluded from the estate by operation of § 541(d) they need not be subject to an express trust. See, e.g., Davis v.

Frank v. ITT Commercial Finance Corp. (In Re Thompson Boat Co.)

230 B.R. 815 · United States Bankruptcy Court, E.D. Michigan · Jul 11, 1995

Once ITT’s smoke screen dissipates, it can clearly be seen that, for present purposes, money means dollar bills and coinage. 5 See 1 Ronald A. … Depending on how the term is defined, such a nexus either need not or must not exist in order for the counterclaim to qualify as a “setoff.” Compare id.

In Re Total Containment, Inc.

335 B.R. 589 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 18, 2005

See id. at 633 (“[T]hose who do not qualify as per se insiders because they are not within the categories specifically listed in the definitional statute can qualify as insiders only if they meet the test for non-statutory … The need for closer scrutiny does not, by itself, establish a fiduciary relationship under non-bankruptcy law. 11 .

Pacific Energy & Minerals, Ltd. v. Austin (In Re Austin)

93 B.R. 723 · United States Bankruptcy Court, D. Colorado · Nov 23, 1988

. *727 This is crucial because clearly, the distinguishing feature between Wallace and the instant case is that a trial on the merits was held in Wallace ; a default judgment was entered, by consent, in the instant case. … Significantly, the court notes that the state court judgment: “[Rjeflects that the issues necessarily addressed to establish [liability] ... were actually litigated by the parties.

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.

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 Johns-Manville Corp.

57 B.R. 680 · United States Bankruptcy Court, S.D. New York · Feb 11, 1986

The drafters of the Code clearly did not intend such a result. … Damages which are considered un-matured, unliquidated and contingent, clearly fall within the definition of a claim.

K&M Elec. Servs., Inc. v. Vito (In re Vito)

598 B.R. 809 · United States Bankruptcy Court, D. Maryland · Mar 8, 2019

BANKRUPTCY JUDGE Business is often done based on the trust established between the contracting parties. … He examines decisions qualifying statutory trusts as express trusts under section 523(a)(4), and respectfully disagrees with those courts.

PGH International, Inc. v. Gabor Shoes AG (In Re PGH International, Inc.)

222 B.R. 401 · United States Bankruptcy Court, D. Connecticut · Jul 17, 1998

The Defendant asserts that it is imperative that Rogers & Wells continue to represent it in this adversary proceeding because Rogers & Wells is uniquely qualified to provide it with legal representation in the United States … Westgate Entertainment, Inc., 799 F.Supp. 266 (1992), Allegaert is not controlling authority in this District because it established precedent only under Canon 4 of the ABA Code of Professional Responsibility.