Case law

In Re UNR Industries, Inc.

71 B.R. 467 · United States Bankruptcy Court, N.D. Illinois · Mar 9, 1987

If the Legal Representative is successful in establishing a significant claim for these two and other putative claimants, resources which would otherwise be available to Mr. … Under the government contract defense doctrine, government contractors who manufacture products according to the specifications established by the United States Government share in the immunity extended to the United States

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.

In Re Koerkenmeier

344 B.R. 603 · United States Bankruptcy Court, W.D. Missouri · Jun 13, 2006

This is not a mere formal requirement, but permits the bankruptcy courts to ensure that proposed counsel for debtors are qualified and lack conflicts which would hinder their representation. In J.L. Lavender v. … Reasonableness of the Fees Requested The burden is on the applicant to establish an entitlement to compensation. Chamberlain v. Kula (In re Kula), 213 B.R. 729, 736 (8th Cir. BAP 1997).

Cesar Ivan Vargas Quinones v. United States of America, Internal Revenue Service; Commonwealth of Puerto Rico, Department of Treasury of Puerto Rico; State Insurance Fund Corporation

United States Bankruptcy Court, D. Puerto Rico · Feb 13, 2018

“Motions under Rule 59(e) must either clearly establish a manifest error 11 of law or must present newly discovered evidence.” F.D.I.C. v. … allowing Debtor to request liens to be stripped from the 24 estate’s property is Section 506 of the Code, for which the IRS’ sovereign immunity

Pester Refining Co. v. MAPCO Gas Products, Inc. (In Re Pester Refining Co.)

66 B.R. 801 · United States Bankruptcy Court, S.D. Iowa · Jul 9, 1986

The evidence presented clearly shows that Mid-America treated the PTO forms as having an effect upon its customer’s right to product. … The evidence does not establish a tacit contract to ship the product.

Kozec v. Murphy (In re Murphy)

569 B.R. 402 · United States Bankruptcy Court, E.D. North Carolina · Jun 27, 2017

The 1978 Act created the bankruptcy courts as courts of *417 record in the United States; however, BAFJA clearly removed this judicial independence and simply designated the term “bankruptcy court” to refer to a district’ … June 16, 2017) (holding that whether a claim qualifies as a personal injury tort claim is irrelevant when the claimant consents to a bankruptcy court’s authority to enter final judgment).

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.

In Re Osborne

159 B.R. 570 · United States Bankruptcy Court, C.D. California · Oct 8, 1993

936-37 (Bankr.N.D.Ohio 1986); In re Simms, 40 B.R. 186, 190 (Bankr.N.D.Ga.1984). *576 A review of the relevant facts in the instant case, in accordance with the principles described in Solan and International Horizons, clearly … Moreover, I find that under the Miss Glamour equity considerations, the *577 late filed claim for employment taxes also fails to qualify as a valid amendment.

In Re Overland Park Merchandise Mart Partnership, L.P.

167 B.R. 647 · United States Bankruptcy Court, D. Kansas · Apr 15, 1994

This establishes a floor below which no reasonable “market rate” should fall. … First, interested parties were required to make a $100,-000 good faith deposit into escrow by a specified date to qualify to participate in the auction.

Stern v. American Home Mortgage Servicing, Inc. (In re Asher)

488 B.R. 58 · United States Bankruptcy Court, E.D. New York · Jan 24, 2013

Short of such patent inconsistency or absurdity, this Court is obligated to interpret “the Code clearly and predictably using well established principles of statutory construction.” RadLAX Gateway Hotel, LLC v. … Until Congress clearly disavows the courts’ known reading, Patterson v.

A & M Investments, LLC v. Kirtley (In re Kirtley)

533 B.R. 154 · United States Bankruptcy Court, S.D. Mississippi · Jul 10, 2015

order to respond to a material question or to testify; (B) on the ground of privilege against self-incrimination, to respond to a material question approved by the court or to testify, after the debtor has been granted immunity … Kirtley testified that they did own furniture “that could be qualified as an antique because it was more than a 100 years old, but I didn’t consider that to be a *170 collection or a collectible.

Noreen Wiscovitch Rentas, Chapter 7 Trustee v. Mapfre Praico Insurance Company and Puma Energy Caribe, LLC

United States Bankruptcy Court, D. Puerto Rico · May 7, 2018

In addition, “[a]buse of discretion occurs when a judge makes a . . . clearly erroneous finding of fact.” Eldridge v. Gordon Bros. … Substantive Considerations: Whether Dismissal is an Appropriate Rule 37 Sanction under the Circumstances The record clearly establishes that the Trustee missed the discovery deadline

In re Cook Inlet Energy, LLC

577 B.R. 313 · United States Bankruptcy Court, D. Alaska · Sep 13, 2017

management; “sort of an advisor, contributing ideas and participating in discussions on a regular basis.” 32 As for Bo-ruffs second job function, facilitating growth of the business, Giesler noted that this role was never clearly … costs must be the actual and necessary costs of preserving the estate for the benefit of its creditors.” 97 Courts construe the statute narrowly so that administrative expenses of an estate are kept to a minimum. 98 To qualify

Trustmark Nat'l Bank v. Tegeler (In re Tegeler)

586 B.R. 598 · United States Bankruptcy Court, S.D. Texas · Jun 8, 2018

establish its claim for false representations. … would be established sooner rather than later.

In re Sterling Bluff Investors, LLC

515 B.R. 902 · United States Bankruptcy Court, S.D. Georgia · Aug 22, 2014

Lastly, the Debtor is clearly not a family farmer because it is not engaged in a farming operation. See 11 U.S.C. § 101 (18). … Timbers of Inwood Forest Associates, Ltd.: Once the movant under § 862(d)(2) establishes that he is an undersecured creditor, it is the burden of the debtor to establish that the collateral at issue is “necessary to an effective

In Re New England Fish Co.

33 B.R. 413 · United States Bankruptcy Court, W.D. Washington · Oct 5, 1983

When the trustee qualified, confusion and disarray abounded. The trustee needed immediate assistance to effect an orderly transition and to commence liquidation of this (approximately) seventy million dollar estate. … Douglas’ assistance at auctions, procuring of insurance, negotiating office leases, performing messenger duties, conducting legal research, claims work, and managing the trustee’s office clearly are beyond even the most liberal

Casey v. Kasal (In Re Kasal)

217 B.R. 727 · United States Bankruptcy Court, E.D. Pennsylvania · Feb 20, 1998

. & C.2d 400, 403 (Pa.Com.Pl.1975) (“it is well-established that items of furniture are in no circumstances to be deemed fixtures” which would be included in a sale of realty). … We believe that this figure is the amount which should have been disclosed as the value of the Goods by the Debtor, or at least as an alternative qualified by any opinion that the value was lower.

In Re Crescenzi

53 B.R. 374 · United States Bankruptcy Court, S.D. New York · Sep 30, 1985

Congress expressed substantial concern in establishing the dollar limitations in Chapter 13. … Krohn duly qualified and is now acting as administrator c.t.a. Crescenzi also failed to comply with the February 5, 1982 order.

Bible v. Bible (In Re Bible)

110 B.R. 1002 · United States Bankruptcy Court, S.D. Georgia · Feb 23, 1990

“[I]mprisonment for contempt is civil where the imprisonment is ‘clearly intended to operate in a prospective manner — to coerce, rather than punish.’ ” Clamp, supra [quoting Shillitani v. … The committee reviews the applications and reports to the legislature as a whole whether in the opinion of the committee the applicants are qualified to serve as a judicial officer.

In Re Nelson

335 B.R. 740 · United States Bankruptcy Court, D. Kansas · Nov 4, 2005

It is well-established that a party who violates the automatic stay has an affirmative duty to remedy the violation and return the debt- or to the status quo. 37 Victor’s pleas ring hollow when the Court considers that his … With respect to the findings concerning the dissolution of the marriage, the custody and parenting of the children, and support, these matters are clearly excepted from the stay by § 362(b)(2).