Case law

In re Vancleef

479 B.R. 809 · United States Bankruptcy Court, N.D. Indiana · Sep 28, 2012

Trustee Yoon — as have some courts — focuses on what she deems to be a very clearly phrased law, and the fact that there is no legislative gloss or rule parsing which connotes or implies that a Chapter 7 Trustee cannot file … But where the debt is disputed, the creditor cannot establish a prima facie case of breach of a credit card contract without establishing a contract with the debtor, a breach and damages.

Wanland & Associates Inc. v. Nortel Networks Ltd. (In Re Norvergence)

384 B.R. 315 · United States Bankruptcy Court, D. New Jersey · Feb 28, 2008

Thus, a causal link is clearly established between Qwest’s role in NorVergence’s fraudulent scheme and the losses sustained by the Plaintiff. Id. … (“Apparent authority must be established clearly and convincingly by the actions of the principals, not the alleged agent.”)

Olsen v. Deutscher (In Re Nashville White Trucks, Inc.)

22 B.R. 578 · United States Bankruptcy Court, M.D. Tennessee · Jul 28, 1982

When the State becomes the actor and files a claim against the fund, it waives any immunity which it otherwise might have had respecting the adjudication of the claim.” (citations omitted). … DeConcini). 12 Representative Edwards’ comments clearly indicate that, in order for a court to find a valid tax trust fund, there must first exist a statute which creates a trust fund in favor of the governmental taxing agency

Francis v. Riso (In Re Riso)

74 B.R. 750 · United States Bankruptcy Court, D. New Hampshire · Apr 16, 1987

Francis was basically a business or financial man and was not technically qualified in chemistry or other scientific matters. Malmstrom was a salesman that they knew from another company. … The misciting of the C.J.S. treatise discussion in this regard in the Huff decision is set forth in In re Curl, 49 B.R. 302, 304-306 (Bankr.W.D.Mo.1985), in an analysis which I find clearly convincing and therefore adopt.

At & T Universal Card Services v. Mercer (In Re Mercer)

220 B.R. 315 · United States Bankruptcy Court, S.D. Mississippi · Feb 26, 1998

Moreover, the statement by the debtor as to her income would generally be considered a statement respecting the debtor’s financial condition and would not qualify under Section 523(a)(2)(A) as an actionable representation … The computer at AT & T clearly and instantly reported that information as shown on the monthly billing statements to Mercer.

Norbut v. Norbut (In Re Norbut)

387 B.R. 199 · United States Bankruptcy Court, S.D. Ohio · Apr 16, 2008

Further, the record establishes that times did not get any better for the Plaintiff following his divorce from the Debtor. … For all these reasons, among others, the court concluded that the intent of § 523(a)(5) clearly aligned itself with the position advocated by the creditor father — that an obligation consists of support whenever there is

Lanker v. Wheeler (In Re Wheeler)

101 B.R. 39 · United States Bankruptcy Court, N.D. Indiana · Jun 16, 1989

The phrase “while acting in a fiduciary capacity” clearly qualifies the words “fraud or defalcation.” 3 Colliers on Bankruptcy (MB) 11 523.14 at 523-96 (15th ed. Supp. June 1988). … It does not appear from the face of the Decree of Dissolution of Marriage that a trust was established.

In Re Chicago Lutheran Hospital Ass'n

89 B.R. 719 · United States Bankruptcy Court, N.D. Illinois · Jul 20, 1988

The sinking fund was clearly part of HUD’s collateral and thus was cash collateral. … It clearly rendered valuable services. The question is what is the value of those services.

In Re Bill Heard Enterprises, Inc.

400 B.R. 795 · United States Bankruptcy Court, N.D. Alabama · Jan 12, 2009

Although counsel in each of the pending adversary proceedings is qualified, experienced and capable of conducting this litigation, the Court believes that counsel for the plaintiffs in the Kettell adversary proceeding should … Both parties have submitted numerous briefs addressing the legal issues before the Court and while both are clearly knowledgeable of the applicable law, the Court does note than in more than one instances Kratzel, as well

In Re Roberts

46 B.R. 815 · United States Bankruptcy Court, D. Utah · Feb 4, 1985

Indeed, there are a number of courts which have ruled that the simple fact of failing to disclose any relationship with the debtor, as the Bankruptcy Rules clearly require, is sufficient to constitute a denial of fees. … These elements do not, however, establish an exclusive standard.

In re Health Diagnostic Laboratory, Inc.

551 B.R. 218 · United States Bankruptcy Court, E.D. Virginia · May 12, 2016

The provision deals only with estimations for purposes of establishing appropriate reserve amounts. … Approving Form and Notice of the Confirmation Hearing, (C) Establishing Record Date and Approving Procedures for Distribution of Solicitation Packages, (D) Approving Forms of Ballots, (E) Establishing Deadline for Receipt

Gordon v. United States (In re St. Francis)

232 B.R. 518 · United States Bankruptcy Court, N.D. Georgia · Apr 9, 1999

The result was that a taxpayer was required to maintain for many years, in most cases for decades, records to establish the cost basis of the real estate for as long as the taxpayer rolled over the gains in order to establish … The character of the asset itself, a character to which the Trustee succeeds under § 1398(g)(6), allows the sale to qualify for the § 121 Exclusion. Id. at 345.

Paradigm Air Carriers, Inc. v. Texas Rangers Baseball Partners (In re Texas Rangers Baseball Partners)

498 B.R. 679 · United States Bankruptcy Court, N.D. Texas · Jul 10, 2013

including land and buildings thereon; the subject-matter of a conveyance.” 93 Citing these older versions of the definitions for “sublease” and “premises,” it makes sense why Paradigm has *699 argued that the SCSA could not qualify … In order for Paradigm to qualify as a third-party beneficiary of the SCSA under Texas law, the terms of the SCSA must show that TRBP and HSG: (1) intended to secure a benefit for Paradigm, and (2) entered into the agreement

In re Merkle

574 B.R. 641 · United States Bankruptcy Court, W.D. Texas · Jul 14, 2017

Paragraph 5 clearly states that the appli *651 cation of proceeds “shall not exceed or postpone the due dates of the monthly installments referred to in paragraphs 1 and 2.” … It is a well-established principal in Texas that acceleration can be abandoned by agreement or other action of the parties. Khan v. GBAK Props., Inc., 371 S.W.3d 347, 353 (Tex. App.

Golden v. JP Morgan Chase Bank (In re Golden)

587 B.R. 414 · United States Bankruptcy Court, E.D. New York · Jul 25, 2018

And she asserts that the prospectuses for these asset-backed securities cautioned investors that, pursuant to Bankruptcy Code Section 523(a)(8), "only private loans made for qualified expenses were excepted from discharge … Tenn. 1989) (asserting that "[p]roceedings to determine the dischargeability of debts or in opposition to the debtor's discharge ... are clearly core proceedings."). In the Amended Complaint, Ms.

In Re Gamma Fishing Co., Inc.

70 B.R. 949 · United States Bankruptcy Court, S.D. California · Mar 13, 1987

This subsection clearly requires the assumption of an executory contract to be effectuated through an express order of the court. … No attempt is made by § 503(b)(1)(A) to enumerate specifically all of the necessary costs and expenses which could potentially qualify for administrative priority.

In re Smith

585 B.R. 168 · United States Bankruptcy Court, W.D. Oklahoma · May 30, 2018

Ohio 2007) (emphasizing that "Congress has clearly lowered the standard for dismissal in changing the test from 'substantial abuse' to 'abuse.' "). 5 V. … Stewart also noted that, "[W]here an inability to pay exists, we believe other factors may nevertheless establish substantial abuse.

Vozella v. Basel Van Aswegen (In Re Basel Van Aswegen)

366 B.R. 850 · United States Bankruptcy Court, N.D. Illinois · Apr 12, 2007

An express or technical trust requires an explicit declaration of trust, a clearly defined trust res, and an intent to create a trust. Monroe, 304 B.R. at 358 . … A fiduciary relationship qualifies under § 523(a)(4) only if it “imposes real duties in advance of the breach.... ” Marchiando, 13 F.3d at 1116 .

Latex Foam International, LLC and PLB Holdings, LLC

United States Bankruptcy Court, D. Connecticut · May 4, 2020

that a lay witness may provide opinion testimony where such opinion testimony is: (a) rationally based on the witness’s perception; (b) helpful to clearly … The evidence establishes that the Debtors’ proposed budget for May 2020 shows operating expenses of $1,015,000.00 and cash receipts of $900,000.00. As Mr.

Rezin v. Barr (In Re Barr)

183 B.R. 531 · United States Bankruptcy Court, N.D. Illinois · Jun 27, 1995

However, the parties clearly agreed that both Debtors’ bankruptcy case and this Adversary would be dismissed, leaving the parties to the pending state court litigation. … Plaintiffs must establish that they qualify for Rule 60(b) relief by “clear and convincing evidence.” Lonsdorf v. Seefeldt, 47 F.3d 893, 897 (7th Cir.1995) (citation omitted); Simons, 715 F.2d at 1252 .