Case law

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 Suffolk Regional Offtrack Betting Corp.

462 B.R. 397 · United States Bankruptcy Court, E.D. New York · Dec 2, 2011

To qualify as a “party in interest,” a party must establish that it has a “direct financial stake in the outcome” of the issue on which it seeks to be heard. Teligent, 417 B.R. at 210 (quoting Doral Ctr., Inc. v. … The evidence presented at trial establishes that TrackNet executed the Amended Term Sheet as Churchill Downs’s agent.

In Re Peachtree Lane Associates, Ltd.

198 B.R. 272 · United States Bankruptcy Court, N.D. Illinois · Jul 3, 1996

That the statute permits either establishes that Congress contemplated that they might be in two different districts. … The evidence does, however, clearly establish that the budget process was underway within this district during the Venue Period and was the responsibility of the Kemper Group. 7 .

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.

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 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.

Lewis v. Johnson & Wales University

United States Bankruptcy Court, N.D. Ohio · Oct 19, 2021

Since she clearly expresses an intent to return to work, the conditions do not appear as impediments to employment. … To discharge the loans, Debtor must prove all three Brunner elements and establish that repayment of the loans is an undue hardship on her or her dependents.

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

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.

Matter of Luftek, Inc.

6 B.R. 539 · United States Bankruptcy Court, E.D. New York · Oct 8, 1980

Krautz is sufficiently familiar with the industry in which Luftek operates to qualify as an expert in this industry. … Clearly, the interests of creditors would be better served by dismissal.

In re Jefferson County

484 B.R. 427 · United States Bankruptcy Court, N.D. Alabama · Dec 19, 2012

AHCRA is the statutory provision dealing solely with payment for qualified out-of-county care. … Clearly No Right, Clearly No Usurpation, Clearly No Mandamus, and Clearly No Quo Warranto The proposed mandamus and quo warranto claims also do not present *445 difficult state law questions that require abstention.

Centra Bank, Inc. v. Burton (In Re Burton)

416 B.R. 539 · United States Bankruptcy Court, N.D. West Virginia · Sep 18, 2009

Thus, some courts hold that to be a “fiduciary” under § 523(a)(4), the debtor must have “either expressly signified his intention at the outset of the transaction, or was clearly put on notice by some document in existence … [at a time when] federal bankruptcy and state corporation laws were as yet ill-established.”

Smith v. Smith (In re Smith)

489 B.R. 875 · United States Bankruptcy Court, M.D. Georgia · Apr 2, 2013

The debtor clearly thinks he owns this property. … These allegations do not clearly establish any claim is time-barred. 5.

Rice, Heitman & Davis, S.C. v. Sasse (In Re Sasse)

438 B.R. 631 · United States Bankruptcy Court, W.D. Wisconsin · Aug 13, 2010

He clearly recognized the issue, and even requested that the debtor consent to his withdrawal from representation. … Clearly the plaintiff's claim for attorney’s fees qualifies under this section. Likewise, the creditor filed the adversary proceeding and the debt has now been found dischargeable.

ACJK, Inc. v. OptumRX, Inc.

United States Bankruptcy Court, S.D. Illinois · Jun 10, 2026

The Defendants cite cases supporting the proposition that the plaintiff in a fraudulent transfer action rooted in §544(b) must establish the existence of a qualifying creditor to obtain relief—a generally uncontroversial … the existence of a qualifying creditor.

ACJK, Inc. v. OptumRX, Inc.

United States Bankruptcy Court, S.D. Illinois · Jun 10, 2026

The Defendants cite cases supporting the proposition that the plaintiff in a fraudulent transfer action rooted in §544(b) must establish the existence of a qualifying creditor to obtain relief—a generally uncontroversial … the existence of a qualifying creditor.

Davis v. Dunmore Properties, Inc. (In re Davis)

503 B.R. 609 · United States Bankruptcy Court, M.D. Pennsylvania · Dec 12, 2013

Section 2.G. of the Second Amended Plan clearly provided for the avoidance of the lien/fe pendens. … As the Dunmore Agreement is not a “lease to use” but instead a contract for the rights themselves, it qualifies as a conveyance of an interest in realty.

In Re Weiser

381 B.R. 263 · United States Bankruptcy Court, W.D. Missouri · Dec 18, 2007

Thus, a security interest does not qualify as a purchase-money security interest if a debtor acquires property on unsecured credit and subsequently creates the security interest to secure the purchase price. 12 The Debtor … be combined in a single security interest document.” 24 However, in order for such a security interest to be enforceable, the Court of Appeals said that the instrument creating the purchase money security interest must “clearly

Parker v. United States (In Re Parker)

196 B.R. 338 · United States Bankruptcy Court, W.D. Louisiana · Mar 8, 1996

The Wright Firm By the time of his professional association with Parker, Ned Wright had established a successful personal injury practice. … The evidence clearly preponderates in favor of the IRS and against Parker under the Bruner analysis.

Keast Enterprises Inc.

United States Bankruptcy Court, S.D. Iowa · May 26, 2020

The uncontroverted facts establish Cyclone ceased its feedlot operation in April 2018. … grounded in negligence is deficient for a failure to establish causation for the claimed damages.