Case law

In re Golan

600 B.R. 697 · United States Bankruptcy Court, S.D. Florida. · May 3, 2019

The State Court's award of title to the marital home to Ex-Wife was clearly fashioned as an equitable remedy. … Such considerations clearly constitute "cause" for which relief from stay may be granted under § 362(d)(1). Id. at 1578 (internal citations omitted).

In Re Blackstone

269 B.R. 699 · United States Bankruptcy Court, D. Idaho · Sep 12, 2001

However, even if established, the policy approaches of Idaho child support enforcement authorities would not appear to be binding upon California authorities. … Because § 1322(a)(2) requires priority obligations to be paid in full under the plan, accrued support obligations qualifying under § 507(a)(7) must receive this treatment before the plan can be confirmed.

Huffman v. New Jersey Steel Corp. (In Re Valley Steel Corp.)

182 B.R. 728 · United States Bankruptcy Court, W.D. Virginia · Jun 7, 1995

Thus, a first time transaction is no less susceptible of qualifying for the ordinary course of business exception than a transaction that has occurred frequently in the past. Gosch v. … Miller testified as to NJS’ flexibility in establishing and extending credit limits.

In Re Olde Prairie Block Owner, LLC

464 B.R. 337 · United States Bankruptcy Court, N.D. Illinois · Dec 22, 2011

The provision requires that CenterPoint “retain the liens *344 securing” its claims, a provision read to refer to all of those liens, even though they protect only to the extent of amounts of claims established. … (Updated Third Amended Plan Ex. 1) The offer clearly states that it “does not constitute an offer to sell or purchase any securities of the Debtor.” Id.

In Re Harrington

306 B.R. 172 · United States Bankruptcy Court, E.D. Texas · Dec 29, 2003

Although in the face of an objection this Court believes that a debtor must sustain a minimal burden of going forward with the evidence to establish that the referenced property qualifies for the particular exemption claimed … See In re Patterson, 128 B.R. 737, 740 (Bankr.W.D.Tex.1991) [“Generally, it is the initial burden of the Debtor to establish the right to claim the exemption.

Levovitz v. Verrazano Holding Corp. (In Re Verrazano Holding Corp.)

86 B.R. 755 · United States Bankruptcy Court, E.D. New York · Jun 1, 1988

Clearly, then, in old § 1471 Congress had intended to confer upon those courts which were to exercise bankruptcy jurisdiction very broad jurisdiction over peripheral matters. … However, it is always the burden of the party alleging bankruptcy court jurisdiction to establish its existence over the matter in dispute. Elscint, Inc. v. First Wisconsin Financial Corp.

In Re Treco

229 B.R. 280 · United States Bankruptcy Court, S.D. New York · Jan 22, 1999

Nonetheless, BNY contends that movants cannot establish that § 304(c) is satisfied in this case. … However, that clearly was not the basis for the court’s decision to dismiss the case.

In Re Richardson

216 B.R. 206 · United States Bankruptcy Court, S.D. Ohio · Sep 30, 1997

As the result, no deposit procedure was established in order to receive the electronic transfer of the funds from the IRS and for the credit union set off to occur. … After performing a thorough review of all the policy considerations, Judge Bodoh found that the debtor’s earned income credit was property of the estate, did not qualify under Ohio’s statutory exemptions and must be paid

Kristina Marie DeVries

United States Bankruptcy Court, N.D. Ohio · Mar 23, 2023

(iii)The plan or contract is not qualified under the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C. 1, as amended. … Nevertheless, the court finds that the language of subpart (A)(10)(b) limits payments that will qualify for the exemption in two ways.

In Re Regional Building Systems, Inc.

273 B.R. 423 · United States Bankruptcy Court, D. Maryland · Feb 23, 2001

Rather, it merely establishes the right of the subcontractor to recover claims from the trust if payment of the claims would qualify as an expenditure incurred by the contractor arising out of the improvement of the real … Lien Law § 75 (4) 19 establishes that a diversion occurred.

Gisele Bouillette Allard

United States Bankruptcy Court, S.D. New York · Sep 20, 2019

The answer is clearly yes. … Jagdeep Deol qualifies as a good faith purchaser of the Lenox Property pursuant to section 363(m).

Speco Corp. v. Canton Drop Forge, Inc. (In Re Speco Corp.)

218 B.R. 390 · United States Bankruptcy Court, S.D. Ohio · Feb 17, 1998

When, on the other hand, a debtor makes a payment which otherwise qualifies for the ordinary course of business exception, the debtor’s subjective intent will not operate to negate the otherwise appropriate finding of the … Unlike the previous payments, the timing and manner in which the payments were made are not clearly ordinary. In addition, the question as to the manner of delivery appears to be in genuine dispute.

Jackie Don Roberts and Vickie Mae Roberts

United States Bankruptcy Court, D. New Mexico · May 20, 2020

While a right of offset functions in some ways like a security interest in or lien on intangible property, the two concepts are distinct. 4Section 106(c) is a partial waiver of sovereign immunity, allowing the debtor to … See 5 Collier on Bankruptcy ¶ 553.01[1] (general rule is that most types of obligations will qualify as a claim or debt for setoff purposes).

Opel v. Daly (In Re Daly)

344 B.R. 304 · United States Bankruptcy Court, M.D. Pennsylvania · Oct 6, 2005

Furthermore, any proceeds derived from the litigation would be a lump sum payment that would not otherwise qualify as Debt- or’s right to receive a future disability benefit. … Although the Debtor's amendment is of an unorthodox form, the Court has observed no failure on Debtor's part to clearly specify the various statutory provision to which his various exemptions are based. 11 .

United States Ex Rel. Peoples Banking Co. v. Derryberry (In Re Hartley)

50 B.R. 852 · United States Bankruptcy Court, N.D. Ohio · Jun 20, 1985

Huffman was granted immunity for his testimony. Beginning in 1982 and over the period of several months the Trustee and his wife accepted checks from Mr. … Of course as previously stated actual fraud or harm must be shown to establish cause for removal.

Scott Allen Keffer

United States Bankruptcy Court, S.D. West Virginia · Apr 16, 2021

According to one court, “[b]ased on a plain reading of this phrase, it is a clearly higher standard than the mere ‘for cause’ standard set forth in . . . … The record did not establish that the debtor would be unable to confirm a Chapter 11 plan. Tibbens, 2021 WL 1087260 at *4-5.

Marie v. Green (In Re Green)

268 B.R. 628 · United States Bankruptcy Court, M.D. Florida · Jul 10, 2001

Clearly, the Debtors incurred expenses defending against the federal criminal action. … The Trustee has established the necessary elements of constructive fraud under Section 548(a) with regard to the $50,000.00 gift.

In Re W.R. Grace & Co.

446 B.R. 96 · United States Bankruptcy Court, D. Delaware · Jan 31, 2011

Zilly was qualified as a financial advis- or with respect to restructuring matters. Doc. No. 23531, Tr. of 9/16/09 at 103-04. … Zilly was qualified as a financial advis- or with respect to restructuring matters. Doc. No. 23531, Tr. of 9/16/09 at 103-04. 78 .

In Re Enron Corp.

298 B.R. 513 · United States Bankruptcy Court, S.D. New York · Sep 17, 2003

This second prong of the test is applied “only if the first prong is satisfied and the claim qualifies an amendment and not a new claim.” In re Sage-Dey, Inc., 170 B.R. 46, 49 (Bankr.N.D.N.Y. 1994). … To find otherwise, that is, outside of the context of excusable neglect, would vitiate the very purpose of the Bar Date Order and would clearly prejudice the Debtors’ reorganization process.

In re Farmland Industries, Inc.

294 B.R. 893 · United States Bankruptcy Court, W.D. Missouri · May 28, 2003

The documents establishing the Plan allow Farmland to discontinue the program at any time. Terminating the Plan will limit further liabilities under the Plan. 7. … without good cause; and (3) such modification is necessary to permit the reorganization of the debtor and assures that all creditors, the debt- or, and all of the affected parties are treated fairly and equitably, and is clearly