Case law

Rotech Memorial Hospital v. Blount Memorial Hospital (In Re Integrated Health Services, Inc.)

258 B.R. 96 · United States Bankruptcy Court, D. Delaware · Jan 5, 2001

The Debtors’ financial information is clearly not known outside the business. … After the Defendant raised the TGTLA as an affirmative defense, the Court held that, while the TGTLA immunized a governmental entity from a suit for monetary relief, it did not immunize the government from a suit seeking

In Re Alan Wood Steel Company

12 B.R. 964 · United States Bankruptcy Court, E.D. Pennsylvania · Sep 9, 1981

We conclude that the above provision clearly states that the employees’ past service shall be taken into account in determining when he qualifies for a pension. … The first paragraph quoted above clearly provides that only the employees’ actual service with the debtor shall be used to determine if and when they qualify for pensions.

Landry v. Exxon Pipeline Co.

260 B.R. 769 · United States Bankruptcy Court, M.D. Louisiana · Mar 28, 2001

Amendment immunity.” 106 However, the term “Eleventh Amendment immunity” has been described by the United States Supreme Court as: convenient shorthand [and] something of a misnomer, for the sovereign immunity of the States … Clearly, each non-insured Defendant hopes that if a contribution right is established against the Debtor, in the event of liability of the other defendants to the Plaintiffs, that it can be exercised against the Insurers

Nixon v. P.J. Pedone & Co. (In re Nichols)

42 B.R. 772 · United States Bankruptcy Court, M.D. Florida · Jun 13, 1984

The plan was designed to establish a qualified trust within the meaning of § 401 of the Internal Revenue Code and was designed in a fashion to take advantage of the special tax treatment accorded to such trust by § 501 of … In order to create a spendthrift trust, the settler must clearly manifest his intent to restrain the beneficiary from alienating his interest. Lowell, Florida Law of Trusts, § 27-1 (1976).

Matter of Burke

81 B.R. 971 · United States Bankruptcy Court, S.D. Iowa · Dec 2, 1987

The debtor argued he was immune from involuntary bankruptcy since he qualified as a farmer under section 101(19). 2 The. creditor maintained that the income Mr. … Finding that the mere ownership of land did not establish that a farming operation was being conducted, the court ruled that the debtor was ineligible for protection under Chapter 12.

Thibodaux v. United States (In Re Thibodaux)

201 B.R. 827 · United States Bankruptcy Court, N.D. Alabama · Jul 31, 1996

Section 106 (a), as amended in 1994 and retroactively applied in all bankruptcy cases 4 , provides an unequivocal expression of waiver: (a) Notwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated … However, there is no question that Congress can waive the federal government’s sovereign immunity.

In Re Gibbons

52 B.R. 861 · United States Bankruptcy Court, D. Rhode Island · Sep 13, 1985

In contrast, where entireties property is immune from levy and execution, it has been treated as exempt in bankruptcy. See, e.g., In re Thomas, 14 B.R. 423 (Bankr.N.D.Ohio 1981); Bass v. … Parkinson’s rights depend, inter alia, on her establishing that the debtor has assets in excess of any exemptions to which he is entitled.

In Re Norris

183 B.R. 437 · United States Bankruptcy Court, W.D. Louisiana · Jun 15, 1995

An Application for Immunity was filed by the United States Attorney on March 16,1995. An order was signed by the District Court granting Norris immunity on the same date. … The Albers court relied on In re All Media Properties, Inc., 5 B.R. 126, 142 (Bankr.S.D.Tex.1980), aff'd, 646 F.2d 193 (5th Cir.1981), which stated: [t]he Congressional intent is rather clearly to qualify as a petitioning

U.S. Bank National Ass'n v. Plains Marketing Canada LP (In re Renew Energy LLC)

463 B.R. 475 · United States Bankruptcy Court, W.D. Wisconsin · Aug 24, 2011

In this case, Contracts 954 and 955 clearly fall under the definition of a forward contract in § 101(25). … To establish that payment was made in the “ordinary course of business,” Plains must establish that either the payment: (A) was “made in the ordinary course of business or financial affairs of the debtor and the transferee

In Re NSCO, Inc.

427 B.R. 165 · United States Bankruptcy Court, D. Massachusetts · Mar 29, 2010

DERIVED JUDICIAL IMMUNITY The DOL alleges that denial of the Proposed Order does not involve the Trustee’s derived judicial immunity and that in any event, he is not entitled to an order conferring judicial immunity in the … In addressing whether the trustee’s derived judicial immunity by acting with the permission of the court established jurisdiction, the AB & C Group court stated: It may be that when the Trustee acts as a Plan administrator

In Re Food City, Inc.

110 B.R. 808 · United States Bankruptcy Court, W.D. Texas · Jan 30, 1990

The mechanism is clearly not incorporated for purposes of evading any laws or to abuse the reorganization process. … Recall that no parties put on any probative evidence that the plan provision here in question in fact violates any securities laws, nor have they attempted to establish that no other exemptions are available to the debtor

Official Plan Committee Ex Rel. Estate of Valley Steel Products Co. v. Zamzow Manufacturing Co. (In Re Valley Steel Products Co.)

166 B.R. 1001 · United States Bankruptcy Court, E.D. Missouri · Oct 29, 1993

Clearly, the payment made on November 13, 1991 qualifies as a payment made in the ordinary course of Transport’s business. … This delay, 51 days, was within the range of delay (43 days to 65 days) established by the nine-transaction sample and, in fact, equalled the average delay established by the sample data.

Heitkamp v. Dyke (In Re Dyke)

99 B.R. 343 · United States Bankruptcy Court, S.D. Texas · Apr 21, 1989

Thus, under the precedent established by Goff, pension plans governed by ERISA can find safe harbor in Section 541(c)(2) only if they qualify separately under state law as a spendthrift trust. … The Fifth Circuit in Goff clearly rejected a federal exemption for ERISA governed pension plans. In re Goff, 706 F.2d at 586.

In Re Labig

74 B.R. 507 · United States Bankruptcy Court, S.D. Ohio · Jun 8, 1987

By definition debtors do not qualify as “family farmers” if their aggregate debts exceed $1,500,000. 11 U.S.C. § 101 (17). … Clearly, a debtor may not shoehorn himself into chapter 12 or chapter 13 merely by listing debts as “disputed.” Craig Corp. v. Albano (In re Albano), 55 B.R. 363 (D.N.D.Ill.1985).

In Re Lawrence

235 B.R. 498 · United States Bankruptcy Court, S.D. Florida. · Jul 2, 1999

And while the Internal Revenue Code establishes certain criteria for a pension plan to be “tax qualified,” there is no reference to “ERISA qualification.” Id. at 418 . … Only § 401(a) deals with qualified pension plans.

In Re Havens

229 B.R. 613 · United States Bankruptcy Court, D. New Jersey · Dec 9, 1998

The matters before this court clearly involve matters arising under Title 11 pursuant to 11 U.S.C. § 524 (a). Accordingly, this court has general jurisdiction over the Debtors’ claims. B. … The court, upon review of the statutory structure of the JUA, also found that the State, although it initially established the JUA as a independent entity, did not immunize itself from payment of the debts of JUA by virtue

Whittington v. Gilbralter Savings & Loan Ass'n (In re Spain)

83 B.R. 61 · United States Bankruptcy Court, N.D. Alabama · Feb 5, 1988

The other deeds that create joint tenancies do use language to the effect that if one grantee survives the other “the entire interest in fee simple shall pass to the surviving grantee,” but those deeds clearly establish that … The language clearly conveys to grantees “as tenants in common.”

In Re Gonic Realty Trust

50 B.R. 710 · United States Bankruptcy Court, D. New Hampshire · Jul 10, 1985

establish that somebody was conducting a business at the Rochester mill complex. … LAW Both sides have cited numerous cases which they state clearly rule that trusts can or cannot be debtors under the bankruptcy laws.

In Re Ridley Owens, Inc.

63 A.L.R. Fed. 2d 725 · United States Bankruptcy Court, N.D. Florida · Jul 7, 2008

Allowing the trustee to be held liable in her personal capacity for decisions made in *873 the course of administering the estate would discourage qualified and capable people from undertaking the duties of a Chapter 7 trustee … Both sides have raised the issue of the trustee’s quasi-judicial immunity.

In Re Mead

255 B.R. 80 · United States Bankruptcy Court, S.D. Florida. · Oct 30, 2000

Section 222.05 does not require land ownership for homestead exemption, in fact, § 222.05 clearly extends homestead protection to dwelling houses situated on leased property. … “In Florida, a homestead is established when there is ‘actual intent to live permanently in a place, coupled with actual use and occupancy.’ ” Colwell v.