Case law

Westside Apartments, LLC v. Butler (In Re Butler)

271 B.R. 867 · United States Bankruptcy Court, C.D. California · Jan 9, 2002

The doctrine of expressio unius est exclusio alteñus is applicable here: under “[established canons of statutory construction, ... ‘exceptions are not to be implied. … It is clearly a continuing problem for residential landlords in this county...." Id. at 1122 , 86 Cal.Rptr.2d 913 . 9 .

Terry v. Paschall (In Re Paschall)

403 B.R. 366 · United States Bankruptcy Court, E.D. Virginia · Feb 20, 2009

The Debtor’s mother wanted to buy another property, but was not able to qualify for a new loan if she was still liable on the loan for the Midlothian Property. … Discussion The standard for entry of summary judgment is well established.

Speth v. Whitham Farms Feedyard, L.P. (In Re Sunbelt Grain WKS, LLC)

406 B.R. 918 · United States Bankruptcy Court, D. Kansas · Jun 18, 2009

NGFA Rules The contract clearly specifies that NGFA Rules will apply. … Overland, Inc., 692 F.2d 1250 (9th Cir.1982) (Employees of bar and restaurant were not qualified to testify what customers were thinking when using the term "Coke.”). 23 . BancOklahoma Mortg. Corp. v.

Practical Investment Corp. v. Rellen (In Re Practical Investment Corp.)

95 B.R. 935 · United States Bankruptcy Court, E.D. Virginia · Feb 7, 1989

Accordingly, Auerbach can only avoid the transfer under section 547(b) if PIC qualifies as an insider. … The above facts establish that PIC demonstrated good faith at the time it recorded its deed of trust.

In Re Carlew

469 B.R. 666 · United States Bankruptcy Court, S.D. Texas · Mar 9, 2012

As explained by the United States Supreme Court, “Texas establishes the family home or place of business as an enclave exempted from the reach of most creditors.” U.S. v. … Even if the Insurance Proceeds qualify as exempt under Texas homestead law, the Trustee argues that the Debtor’s exemption is terminated pursuant to Texas Property Code §§ 41.001-002 because the Debtor did not reinvest the

In Re Delicruz

300 B.R. 669 · United States Bankruptcy Court, E.D. Michigan · Oct 31, 2003

If an award to a dependent is clearly separate from the benefits awarded to an employee, Esis does not offset those amounts. … “The burden of establishing cause is on the movant.” Barry Russell, Bankruptcy Evidence Manual § 301.45 (West 2003) (citations omitted).

Wal-Mart Stores, Inc. v. Carpenter (In Re Carpenter)

245 B.R. 39 · United States Bankruptcy Court, E.D. Virginia · Jan 18, 2000

The Supreme Court firmly established that a state’s anti-subrogation law may relate to and may be pre-empted under ERISA in FMC. … As the court in Provident noted, failure to prevent a double recovery “would discourage some employers from operating ERISA qualifying plans.

Lewis v. Lewis (In Re LEWIS)

423 B.R. 742 · United States Bankruptcy Court, W.D. Michigan · Feb 24, 2010

First, the debt need not be established; it is sufficient if the debt is “subject to establishment” without reference to the bankruptcy filing date. § 101(14A)(C). … In Gibson, the BAP also held “that an analysis which determines the effect of applicable nonbankruptcy law is required in determining whether a debt has been incurred which satisfies the qualifying language of § 523(a)(15

In re Fox

521 B.R. 520 · United States Bankruptcy Court, D. Maryland · Nov 12, 2014

In re Mestemaker, 359 B.R. 849, 856 (Bankr.N.D.Ohio 2007) (“Congress has clearly lowered the standard for dismissal in changing the test from ‘substantial abuse’ to ‘abuse’.”). … With respect to the financial situation test, although the phrase “totality of the circumstances” is reminiscent of the Green test, the addition of the further qualifying language, “of the debtor’s financial situation” clearly

Hill v. Hale (In Re Hill)

133 B.R. 126 · United States Bankruptcy Court, N.D. Indiana · Jun 5, 1989

The creditor objecting to discharge of a debt in bankruptcy bears a heavy burden of proof to establish that the debt is squarely within the statutory exceptions. … See, also, In re Yeates, 807 F.2d 874 (10th Cir.1986), where the Court held that a debtor’s obligation to a former spouse may be in the nature of support so as to be not dischargeable even though it would not qualify as alimony

Willson v. Bay-1 Properties, Inc. (In Re Carty)

400 B.R. 63 · United States Bankruptcy Court, W.D. Louisiana · Dec 19, 2008

Gaudet could not qualify for a loan. The banker suggested the property be transferred to Janet and her husband, so Janet could obtain the loan. … Although the bankruptcy and district court excluded evidence of the value, evidence that the naked ownership interest in the property had a value of $9,000.00 had been proffered, and the record clearly demonstrated her father

National City Bank v. Lapides (In Re Transcolor Corp.)

296 B.R. 343 · United States Bankruptcy Court, D. Maryland · Jun 13, 2003

But there are occasions when the limited liability sought to be obtained through the corporation will be qualified or denied. Mr. … Section 14.01 provided as follows: Personal Immunity from Liability of Incorporators, Shareholders, etc.

In re Soundview Elite Ltd.

594 B.R. 108 · United States Bankruptcy Court, S.D. New York · Nov 6, 2018

Thus, the undisputed facts clearly establish that the $4 million transfer brought in no consideration for Soundview, and that Fletcher's decision to execute the transaction cannot be defended on its merits. … Varga's methods are facially reasonable and, additionally, his decades of experience in the field of insolvency accounting would surely qualify him as an expert at trial. 9 See Varga Dec'l. at ¶ 3.

Lerner Master Fund, LLC v. Paige (In re Paige)

564 B.R. 806 · United States Bankruptcy Court, M.D. Pennsylvania · Dec 29, 2016

The Debtors exercised every opportunity to inject sarcasm into their comments, clearly venting their conclusion that the proceeding was a yiadictive assault on their integrity. … Transfers discussed on the record detailed expenses incurred for medical and/or personal reasons, Such spending can technically qualify as “transfers” under ¾ 727. In re Pearson, 2015 WL 801505 (Bktcy.

Hunter v. Martin DBA Veronica Rose Productions, Inc

United States Bankruptcy Court, C.D. California · Jul 10, 2019

Martin’s testimony does little to establish the value of the paintings at the time of execution of the Note. … Testimony at trial did not clearly elucidate exactly how Martin derived this valuation.

Herman v. Remick (In Re Remick)

96 B.R. 935 · United States Bankruptcy Court, W.D. Missouri · Apr 4, 1988

And even if such a clear *942 “cease and desist” demand is not necessary to establish wilfulness under the copyright laws, § 504(c)(2), Title 17, United States Code, it is necessary to establish that the infringement is “ … This amount must therefore be added to the above and foregoing minimum award to establish the appropriate amount of damages.

Breeden v. Bennett (In Re Bennett Funding Group, Inc.)

367 B.R. 302 · United States Bankruptcy Court, N.D. New York · May 2, 2007

The First Capital Asset Management court held that “under certain circumstances, a bankruptcy estate may qualify as a RICO enterprise.” 385 F.3d at 175 . … Bennett’s Breach of Fiduciary Duty Counterclaim against the Trustee clearly fits the category of core jurisdiction, as it is a claim which would have no existence outside of the bankruptcy. See, e.g.

Shameka Watson

United States Bankruptcy Court, S.D. New York · Jan 23, 2020

 HUD does not have the authority to dissolve Bryant Associates for failure to comply with any regulations or guidelines (id. ¶ 109); and  Bryant Associates does not have sovereign immunity … A less settled question, however, is whether a private landlord receiving Section 8 Program subsidies also qualifies as a “governmental unit.”

In Re Baltimore Food Systems, Inc.

71 B.R. 795 · United States Bankruptcy Court, D. South Carolina · Dec 29, 1986

MOVANTS’ POSITION Movants, in support of their position, argue that venue should be moved to the District of Maryland because (i) Baltimore Foods is not qualified to do business in the State of South Carolina, (ii) Baltimore … On the facts presented by that case, the court concluded that the bankruptcy court, which had been reversed by the district court, was not clearly erroneous in locating the debtor’s principal place of business in San Antonio

Doctors Hospital of Hyde Park, Inc. v. Desnick (In Re Doctors Hospital of Hyde Park, Inc.)

373 B.R. 53 · United States Bankruptcy Court, N.D. Illinois · Jul 25, 2007

The Daiwa Loan documents were not ambiguous; they clearly stated that MMA Funding was the borrower, not Doctors Hospital. Prior to trial in this case, the Defendant moved for summary judgment. … “Under New York law there is well-settled principal that a third party cannot enforce a contractual obligation which is not clearly intended to benefit that party.”