Case law

Credit Suisse v. Official Committee of Unsecured Creditors (In Re Yellowstone Mountain Club, LLC)

415 B.R. 769 · United States Bankruptcy Court, D. Montana · Jun 11, 2009

The Court determined that the pleadings established a factual dispute between Blixseth, on the one hand, and the Debtors and Committee, on the other. … YMC was established in 1997. Yellowstone Development, LLC (“YD”) was established in 1999 and is engaged primarily in the business of retail and land sales and development of residential lots in the Yellowstone Club.

In Re Mikkelsen Farms, Inc.

74 B.R. 280 · United States Bankruptcy Court, D. Oregon · May 19, 1987

The structure of § 101(17) clearly anticipates the court to make a thorough examination, from several perspectives, of the eligibility of a debtor under Chapter 12. … Marks standing Chapter 12 trustee for Oregon and established his compensation.

In Re J & S Conveyors, Inc.

409 B.R. 635 · United States Bankruptcy Court, W.D. New York · Aug 11, 2009

never serve as a substitute for the explicit requirement of Section 521(a)(l)(B)(I) that the Debtor file a schedule of assets, since an interest in an insurance policy such as the Debt- or’s Keyman insurance policies is clearly … The Court reaffirms its oral ruling that the Cash Collateral Stipulation did not qualify as an informal proof of claim because it failed to evidence the intent of NBG to hold the Debtor liable for the debt as required by

In Re Thomas

337 B.R. 879 · United States Bankruptcy Court, S.D. Texas · Feb 13, 2006

Nikoloutsos because otherwise his debt would have exceeded the $250,000 limit established by § 109(e) and been non-dischargeable under either Chapter 7 or Chapter 13. … In Mark Burroughs, case number 98-42443 United States Bankruptcy Court, Southern District of Texas, the debtor filed schedules indicating that he qualified for relief under chapter 13, but in reality Mr.

Roeder v. Lockwood (In Re Lockwood Auto Group, Inc.)

428 B.R. 629 · United States Bankruptcy Court, W.D. Pennsylvania · May 14, 2010

This Court also finds Northern Merchandise to be clearly distinguishable and not the blanket “blessing” of this type of transaction as suggested by FNB. … It must be noted that the definition of "instrument” begins with the qualifying word "negotiable”.

In re Acis Capital Mgmt., L.P.

584 B.R. 115 · United States Bankruptcy Court, N.D. Texas · Apr 13, 2018

Terry alleges, have been established here. … Terry had the burden, by a preponderance of the evidence, of showing that the Alleged Debtors actually had less than 12 qualified creditors. 102 Here, the court has found that the Alleged Debtors have, at *143 most , 11 qualified

In Re Coleman Enterprises, Inc.

266 B.R. 423 · United States Bankruptcy Court, D. Minnesota · Sep 5, 2001

Via its motion, QAI seeks a determination that the Debtors never qualified to have their cases treated under the so-called “small business track” of Chapter 11, and in any event have failed to reorganize in the way that the … Through more specific provisions, it establishes two subsets of cases in which variant procedures are applied to specific classes of debtors during the pendency of the case.

Cyclone Cattle, L.L.C. v. Vorthmann Legacy Farms, LLC

United States Bankruptcy Court, S.D. Iowa · Feb 25, 2020

The Vorthmanns ignore the terms of the Purchase Agreement that clearly state that they, as the Sellers, granted all of the identified easements in their own real estate. … A determination that the MSA qualifies as an express easement, or an easement by implication, necessity or prescription is not supported by the record.

In re Ace Track Co.

556 B.R. 887 · United States Bankruptcy Court, N.D. Illinois · Sep 13, 2016

But ■there is nothing in the Stay Relief Order that says that clearly. … The Bankruptcy Code clearly allows for the stay to be applied by motion.

In Re Dana Corp.

367 B.R. 409 · United States Bankruptcy Court, S.D. New York · Apr 19, 2007

The Reclamation Claims On March 29, 2006, this Court entered an order (the “Reclamation Order”), establishing procedures for resolving reclamation claims. … Doe, 536 U.S. 273, 280 , 122 S.Ct. 2268 , 153 L.Ed.2d 309 (2002) (“In order to create a federal right Congress must clearly manifest its intent to do so.”); Edwards v.

Wachovia Bank of Georgia, N.A. v. Vacuum Corp. (In Re Vacuum Corp.)

215 B.R. 277 · United States Bankruptcy Court, N.D. Georgia · Nov 26, 1997

Funds normally are said to qualify as "properly of the estate” within the meaning of Code section 541 when the debtor exercises sufficient dominion and control thereover. See Mather v. I.F. … Imposition of a constructive trust clearly thwarts the policy of ratable distribution and should not be impressed cavalierly. *282 In re Behring International, Inc., 61 B.R. 896, 902 (Bankr.N.D.Tex.1986).

In re Stringer

586 B.R. 435 · United States Bankruptcy Court, S.D. Ohio · May 21, 2018

Under well-established principles of agency law, a principal is jointly and severally liable for the tortious actions of his agent if the agent is authorized to act. … Clearly, Debtor is entitled to an award of her attorneys' fees through March 31, 2018 in the amount of $19,008.17, for the fees incurred between that date and the trial.

Matter of Johnson

80 B.R. 791 · United States Bankruptcy Court, E.D. Virginia · Dec 21, 1987

The statutory language of this limitation clearly contemplates actions against the trustee that involve the merits of the bankruptcy. … The plaintiffs' claims are clearly typical of the class: like all members of the proposed class, the plaintiffs are defrauded investors in Johnson's pyramid scheme.

In re Charles Street African Methodist Episcopal Church

478 B.R. 73 · United States Bankruptcy Court, D. Massachusetts · Sep 11, 2012

CSAME disputes parts (i) and (ii) of OneUnited’s argument, disputes part (iii) insofar as it contends that CSAME holds its assets as a nominee trustee (but does not deny that if a trust relationship is established, then CSAME … would remain a religious corporation in its own right. *85 (ii) Engagement in Business Second, engagement in business is not an essential attribute of a “corporation” for purposes of § 101(9), only of a trust that would qualify

Schaefer v. Ballantyne (In Re Ballantyne)

166 B.R. 681 · United States Bankruptcy Court, E.D. Wisconsin · Mar 16, 1994

The creditor must prove the facts establishing each element by a preponderance of the evidence. Grogan v. Garner, 498 U.S. 279 , 111 S.Ct. 654 , 112 L.Ed.2d 755 (1991). … He mentioned Schaefer’s initial $25,000 investment in Centsible Enterprises and then responded affirmatively to the court’s suggestion that Schaefer’s guaranty of the joint debt to the bank might also qualify.

Applebaum v. Henderson (In Re Henderson)

134 B.R. 147 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 10, 1991

R.: Omission of the information included in this Exhibit does not qualify as a false oath regarding the Debtor’s finances, since the information concerns primarily checks written on the Livery and MRS accounts and other financial … In any event, the discrepancy is so small as to clearly be immaterial.

Jennifer M. Nordgaard

United States Bankruptcy Court, W.D. Wisconsin · Nov 29, 2023

In response, Debtor says that she expressed her intention to re-establish an IRA after she received the equalization payment. … The first prong, that the funds provide benefits by reason of age, illness, disability, death, or length of service, has not been established.

Aletha K Barsir

United States Bankruptcy Court, D. Maryland · Jul 22, 2020

The Code also allows a state to opt out of this federal exemption scheme and establish its own. See 11 U.S.C. § 522(b)(2). Maryland is one such state that has opted out of the federal scheme, see MD. CODE ANN., CTS. … The Bankruptcy Court concluded that the Payment Provision and Exemption Provision do conflict with each other and that the Payment Provision controls because it “is clearly the more specific statute.” Id. at 217–218.

In Re Lafferty

469 B.R. 235 · United States Bankruptcy Court, D. South Carolina · Apr 3, 2012

Trustee and SCBT timely objected to the claimed exemptions, alleging that Fallen Timber is not Debtors’ residence and does not qualify for a homestead exemption under state law. … Here, Debtors’ wrongful actions clearly relate to the bankruptcy proceeding, the homestead exemptions they seek, and the judicial lien Debtors seek to avoid.

Roy Nielsen Hafen

United States Bankruptcy Court, D. Utah · Jun 3, 2022

causes of action.”21 As such, only the Trustee in the instant clearly possessed the § 544 rights and remedies, and possibly other rights and claims, which are very similar to those that the Creditors seek to assert under … As such, this claim has violated the Debtor’s discharge injunction and does not qualify for the § 524(e) safe harbor as there has not been a showing that establishing the Debtor’s liability is a prerequisite to recovery