Case law

Solis v. Asif (In Re Asif)

455 B.R. 768 · United States Bankruptcy Court, D. Kansas · May 13, 2011

Asif tried to argue that the attachments referenced above were only submitted for the secondary business, but the Court finds the evidence is clearly otherwise. B. … The Court finds that the Trustee failed to establish at trial that the recorded information she sought existed as of the date of the bankruptcy, or that it was in Asifs possession.

Price v. DeVos (In re Price)

573 B.R. 579 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 23, 2017

The Debtor’s degree qualified her to take the licensing board examinations for both vascular and general sonogra-phy. (A.T. at 9:45-9:46,10:22). 13. … Apparently, the market is overflowing with far too many qualified vascular sonographers. 49 (A.T. at 10:21-10:22).

In Re Stembridge

287 B.R. 658 · United States Bankruptcy Court, N.D. Texas · Dec 9, 2002

This language clearly contemplates that a lender’s collateral may be assigned a different value depending on when and why the valuation is performed. … If part of Chase’s claim qualifies for treatment under section 507(b), that provision simply provides for priority in payment vis-a-vis other, typically unsecured, administrative claims.

In Re Johns-Manville Corp.

36 B.R. 727 · United States Bankruptcy Court, S.D. New York · Jan 23, 1984

Clearly, none of the justifications for declaring an abuse of the jurisdiction of the bankruptcy court announced by these courts are present in the Manville case. … However, in that case, the Fifth Circuit found that not only was the debtor not insolvent, but it had paid off debts not due so as to qualify as a debtor unable to pay its current debts.

In re International Oil Trading Co.

545 B.R. 336 · United States Bankruptcy Court, S.D. Florida. · Feb 8, 2016

In applying this standard, the petitioning creditor must establish a prima facie case that no bona fide dispute exists. … (In re DSC, LTD.), 486 F.3d 940, 944 (6th Cir.2007) (burden rests on petitioning creditors to establish they are qualified). Mr.

In re Hunt

521 B.R. 479 · United States Bankruptcy Court, M.D. Pennsylvania · Nov 10, 2014

under this section, the court may not take into consideration whether a debtor has made, or continues to make, charitable contributions (that meet the definition of “charitable contribution” under section 548(d)(3)) to any qualified … In re Myers is clearly distinguished from the case at bar. Rite Aid also cites In re Massie in support of the Debtor’s alleged bad faith.

In Re Brown

408 B.R. 262 · United States Bankruptcy Court, D. Minnesota · Jul 12, 2009

On January 22, 2009, as part of a refinance transaction, Brown transferred his half interest to Dibley by quit claim deed, solely in order for Dibley to qualify on her own (and without his poor credit) for a better interest … Further: The nature of a constructive trust can best be comprehended by keeping clearly in mind that it is not, in its true sense, a trust at all, but purely a creation of equity designed to provide a remedy for the prevention

Penobscot Valley Hospital v. Carranza, in her capacity as administrator for the

United States Bankruptcy Court, D. Maine · Jan 12, 2021

The CARES Act and the circumstances surrounding its enactment were truly extraordinary, and Congress clearly communicated the need for speedy action, granting the Administrator only fifteen days to issue regulations, dispensing … FINAL CONSIDERATIONS Although the rules promulgated by executive agencies are not immune from judicial review, some amount of deference is generally warranted.

Wright v. C & S Family Credit, Inc. (In Re Wright)

128 B.R. 838 · United States Bankruptcy Court, N.D. Georgia · May 7, 1991

The security interest taken by the creditors in Wilson and Caster clearly applied to the property described irrespective of whether that property was a fixture. … the language of § 1322(b)(2) may be read to mean that bifurcating a claim under § 506(a), i.e., splitting the claim into a secured portion and an unsecured portion, may be an impermissible modification of that claim if it qualifies

Dayton Title Agency, Inc. v. White Family Companies, Inc. (In Re Dayton Title Agency, Inc.)

292 B.R. 857 · United States Bankruptcy Court, S.D. Ohio · Apr 25, 2003

Consequently, DTABT does not qualify as a “business trust” and its bankruptcy case is dismissed. CONCLUSION In conclusion, the court makes the following determinations: 1. … Clearly, Chari meant to create a trust relationship between himself and Dayton Title with respect to the $5,000,000.00 check deposited in the escrow account.

Esposito v. Noyes (In Re Lake Country Investments, Ltd. Liability Co.)

255 B.R. 588 · United States Bankruptcy Court, D. Idaho · Sep 19, 2000

Esposito declaration and Fasnacht affidavit Rule 56(e) requires that the affidavits be “made on personal knowledge,” that they set forth facts admissible in evidence, and that they affirmatively show that the affiant is qualified … Idaho Code § 55-913 clearly provides standing to both. 30 The question presented in regard to this claim for relief, rather, is whether Esposi-to has met his burden to establish a genuine issue of material fact as to either

In RE McKAY

430 B.R. 246 · United States Bankruptcy Court, M.D. Florida · Jun 22, 2010

Under what is now commonly known as “the Beard Test,” in order for the filing to qualify as a valid return, [1], there must be sufficient data to calculate tax liability; [2], the document must purport to be a return; [3] … [establishes an income tax ...

Calais Regional Hospital v. Carranza, in her capacity as administrator for the

United States Bankruptcy Court, D. Maine · Jan 12, 2021

The CARES Act and the circumstances surrounding its enactment were truly extraordinary, and Congress clearly communicated the need for speedy action, granting the Administrator only fifteen days to issue regulations, dispensing … FINAL CONSIDERATIONS Although the rules promulgated by executive agencies are not immune from judicial review, some amount of deference is generally warranted. But how much?

In Re Nicole Energy Services, Inc.

385 B.R. 201 · United States Bankruptcy Court, S.D. Ohio · Apr 8, 2008

Qualified Bidders would be permitted to participate at the Auction by telephone or in person; and 5. … The settlement, if approved, clearly exceeds the Committee’s stated goals for recovery. See generally Hearing Tr. II 345:14-17.

Tronox Inc. v. Kerr McGee Corp. (In re Tronox Inc.)

503 B.R. 239 · United States Bankruptcy Court, S.D. New York · Dec 12, 2013

There was some earlier language in the decision that fraud "must be clearly established in the record by testimony and it must appear affirmatively to a reasonable certainty that ... the conveyance was made with intent in … Although the use of language, such as "clearly established” and "to a reasonable certainty” are present in the opinion, the Lev-inson court did not expressly adopt the clear and convincing evidence standard.

In Re O'Neal

462 B.R. 324 · United States Bankruptcy Court, D. Massachusetts · Dec 16, 2011

response to the Court order of August 3, 2009, which the Debtor submitted to the TSP Legal Processing Unit, that Unit refused to honor the Probate Court order, explaining that “[t]o be honored by the TSP, a court order must qualify … These provisions clearly provide a "Federal law” exemption under Section 522(b)(2)(A) which will exempt both CSRS and FERS systems from the bankruptcy estate unless the phrase "except as otherwise may be provided by Federal

Rothman v. Beeber (In Re Beeber)

239 B.R. 13 · United States Bankruptcy Court, E.D. New York · Sep 10, 1999

Rothman is clearly a creditor with standing. Whether or not he has standing to bring an action on behalf of RBPC remains to be decided. … Kressner (In re Kressner), 155 B.R. 68, 73 (Bankr.S.D.N.Y.1993) (“it must be initially established that the debtor acted in a fiduciary capacity”); Farina v.

Conti v. Coastal Warranty, LLC (In re NC & VA Warranty Co.)

556 B.R. 182 · United States Bankruptcy Court, M.D. North Carolina · Aug 19, 2016

The agreement further and clearly contemplates that the reserves are subject to the terms of the Assurance Agreement, stating that the Reserve Account shall be sufficient “to satisfy [Dealers Assurance’s] requirements and … Westex Foods), 950 F.2d 1187 , 1195 (5th Cir.1992) (“The purpose of a transfer is not dispositive of the question whether it qualifies as an avoidable preference under section 547(b) because ‘it is the effect of the transaction

Scholl v. Scholl (In Re Scholl)

234 B.R. 636 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 4, 1999

Thus, her right did not qualify under the Code definition of claim. … Clearly there are a number of scenarios that may result from the equitable distribution of this property, only some of which could result in the payment of money.

D. Federico Co. v. New Bedford Redevelopment Authority (In Re D. Federico Co.)

16 B.R. 282 · United States Bankruptcy Court, D. Massachusetts · Dec 29, 1981

I find that enough of the pier was in place in the Spring of 1974 to put a prudent and qualified engineer on notice that the wharf walls were not constructed simply of stone on timber cribbing, that the east end *288 of the … Furthermore, the evidence introduced at the trial clearly revealed that these alleged defects were not discovered within the year.