Case law

Lisa Patrice Campbell

United States Bankruptcy Court, D. Maryland · Mar 31, 2021

As Appellee argues, § 105 clearly authorizes Bankruptcy Courts to establish a deadline for compliance and dismiss a case for failure to comply by the prescribed deadline after the inability of the Debtor to meet her burden … None of her arguments about her imagined Right of Self-Determination, International Organization immunity, and the application of FDCPA to her debts address the core reasons that the Bankruptcy Court ultimately dismissed

Estate of Love v. First Interstate Bank of Montana (In Re Love)

155 B.R. 225 · United States Bankruptcy Court, D. Montana · Jun 17, 1993

The “greater amount” test is thus clearly established. … Supreme Court resolved a split between circuits holding “that payments on long-term debt, as well as payments on short-term debt, may qualify for the ordinary course of business exception to the trustee’s power to avoid preferential

Liebersohn v. Vetri (In Re D'Ambrosio)

452 B.R. 562 · United States Bankruptcy Court, E.D. Pennsylvania · Jul 18, 2011

When a party answering a request for admission has a contrary or more expansive view of the facts which he considers relevant thereto, he “may qualify his answer based on his understanding of the facts.” … It was unsatisfactory in that it failed to clearly list the undisputed and disputed issues of fact, damages or relief being sought, causes of action being pursued and legal issues at stake.

Diaz v. Diaz (In Re Diaz)

120 B.R. 967 · United States Bankruptcy Court, N.D. Indiana · Jun 26, 1989

Robinson, 259 Ind. 16 , 284 N.E.2d 794 (1972), abolished the common law doctrine of interspousal immunity in tort actions. … The district court judgment here clearly is a debt for money under the Bankruptcy Code.

Branch v. WakeMed (In re Branch)

569 B.R. 657 · United States Bankruptcy Court, E.D. North Carolina · Mar 20, 2017

After first considering the tenets established with respect to “threatened injury” in Clapper v. … Neiman Marcus Grp., LLC], 794 F.3d [688] at 694 [ (7th Cir. 2015) ] (“Mitiga *666 tion expenses do not qualify as actual injuries where the harm is not imminent.”); Reilly [v.

In Re Hartman

211 B.R. 899 · United States Bankruptcy Court, C.D. Illinois · Aug 20, 1997

Holding that the debtor was not entitled to a homestead exemption in the residence solely owned by his co-debtor wife, the court stated: The statute clearly establishes that homestead is an estate, and that the individual … For the foregoing reasons, the Court concludes that the number of exemptions *903 available is to be determined by the number of individuals in title who qualify for the homestead estate....

In Re USH Corp. of New York

280 B.R. 330 · United States Bankruptcy Court, S.D. New York · Jul 12, 2002

In addition, it is well settled that the "bankruptcy court is undoubtedly the best qualified to interpret and enforce its own orders including those providing for discharge and injunction," In re Texaco, Inc., 182 B.R. 937 … However, not only did the State Court refrain from determining the Debtors' Bankruptcy Grounds defense to Los Prados' claims at the Summary Judgment Hearing, [3] the State Court clearly expressed its intention that this Court

In Re Perelman

419 B.R. 168 · United States Bankruptcy Court, E.D. New York · Oct 30, 2009

BAPCPA altered the circumstances under which a Chapter 7 case may be dismissed by removing the “substantial” qualifier and provided for “abuse” to be determined pursuant to either the new § 707(b)(2) or the new § 707(b)(3 … The ordinary common sense meaning of the words “amounts scheduled as contractually due to secured creditors in each of the 60 months following the date of the petition” preceded by a mandatory “shall” clearly authorize deductions

Vallecillos v. Salgado (In re Salgado)

588 B.R. 209 · United States Bankruptcy Court, N.D. Illinois · Aug 16, 2018

The trustee must advise LEP individuals of free telephone and interpreter services offered by the program for the purposes of the meeting or that they may choose, at their expense, a qualified interpreter to assist them. … The Plaintiff has, therefore, established his prima facie case under section 727(a)(4)(A).

In Re Bush Industries, Inc.

315 B.R. 292 · United States Bankruptcy Court, W.D. New York · Sep 16, 2004

In the present instance, Mathis and Suckow clearly articulated the serious challenges facing the ready to assemble furniture industry. … Qualified as experts, they appropriately expressed their opinion concerning a modification of the exit multiple.

In re Hernandez

487 B.R. 353 · United States Bankruptcy Court, D. Puerto Rico · Jan 25, 2013

It is the judiciary, not the legislative branch, who can interpret laws on cases and controversies and only the judiciary can qualify as “errone *361 ous” a final judicial determination through appellate review. … In addition, the Hayward bankruptcy court retroactively applied the amendment because to conclude otherwise “would defeat the clearly evident intention of the New York State Legislature”. Id. at 46 .

Kool, Mann, Coffee & Co. v. Coffey (In Re Kool, Mann, Coffee & Co.)

233 B.R. 291 · United States Bankruptcy Court, D. New Jersey · Mar 18, 1999

“Where the accounting used is not in accordance with GAAP, the figures do not fairly present the financial position of the company, and the financials should be qualified to state such deviation.” Id. at 184. … The Graves Report, however, qualifies the inclusion of such long term debt by stating that: “An unusually large capital expenditure in a given year could result in negative cash flow, while changes in net borrowings would

John L. Hychko and Shannon E. Hychko

United States Bankruptcy Court, D. Maine · May 14, 2019

A debtor claiming an exemption carries the initial responsibility of establishing entitlement to that protection and can successfully do so by identifying the property and clearly designating the basis for the exemption … Hychko has not met her burden of establishing that those proceeds qualify as exempt because the settlement agreement does not state the precise nature of the damages (i.e. bodily injury, lost wages, etc.).

Matter of Crisp

92 B.R. 885 · United States Bankruptcy Court, W.D. Missouri · Aug 31, 1988

See In re Roberts, 75 B.R. 402, 413 (D.Utah 1987), to the following effect: “The law firm, as a pre-petition creditor of the corporation, did not qualify as a ‘disinterested person’ and therefore was statutorily ineligible … “The tangible benefit conferred on the estate and its creditors is clearly a proper measure of the appropriate compensation ...

In re Beale

553 B.R. 69 · United States Bankruptcy Court, E.D. Virginia · Jun 10, 2016

Casey establish that the compensation that she seeks is reasonable through a formal application. Ms. … Fee agreements between debtors and their attorneys are qualified by the bankruptcy court’s authority to review attorneys’ fees for reasonableness. See In re Bergae, No. 13-71645, 2014 WL 1419586 , at *3 (Bankr.C.D.Ill.

Schindler v. Milliron

United States Bankruptcy Court, D. Alaska · Sep 30, 2021

The Schindlers clearly relied on Jarred when entering into both house contracts. … At the very minimum, it establishes that he was reckless when representing and creating the impression that he was qualified to perform electrical work.

Weaver v. Burger King Corp. (In Re Weaver)

219 B.R. 890 · United States Bankruptcy Court, D. Montana · Mar 30, 1998

It is well established that a “court must enforce the settlement as agreed to by the parties and is not permitted to alter the terms of the agreement.” Brock v. … Rent That there was a mutual mistake on the rent issue is clearly evidenced by the record.

Official Committee of Unsecured Creditors of Teu Holdings, Inc. v. Kemeny (In Re Teu Holdings, Inc.)

287 B.R. 26 · United States Bankruptcy Court, D. Delaware · Nov 1, 2002

On May 5, 2002, the Court entered an Order Establishing a Briefing Schedule and setting the matters for hearing [Doc. No. 16]. A. … The Interim Agreement establishes an “Interim Period” as well as a “Trial Period.”

In re Thompson

520 B.R. 731 · United States Bankruptcy Court, E.D. Wisconsin · Nov 21, 2014

establishes a manifest error of law or fact.’” … Plaintiffs must establish that they qualify for Rule 60(b) relief by “clear and convincing evidence.” Lonsdorf v. Seefeldt, 47 F.3d 893, 897 (7th Cir.1995) (citation omitted); Simons, 715 F.2d at 1252 .

Fairfax State Savings Bank v. McCleary

284 B.R. 876 · United States Bankruptcy Court, N.D. Iowa · Aug 28, 2002

These documents qualify as statements “respecting the debtor’s financial condition.” Slater testified regarding oral statements by Debtor regarding his financial condition. … Clearly, these are statements “respecting the debtor’s financial condition” under § 523(a)(2)(B).