Case law

Epperson v. Educational Credit Management Corporation

United States Bankruptcy Court, E.D. Texas · Feb 24, 2021

The student loans procured by the Plaintiff qualified him to obtain various engineering positions over the course of a work career exceeding twenty years.2 5. … The expenses incurred by the Plaintiff's household clearly reflect an elective, discretionary diversion of disposable income. 65.

In Re Printcrafters, Inc.

208 B.R. 968 · United States Bankruptcy Court, D. Colorado · May 5, 1997

No evidence establishing these elements has been presented. V. … In Collins the Colorado Supreme Court expressed regret that the statutory sections did not separate the two classes of liens as clearly as might be desired.

In Re Sports Shinko (Florida) Co., Ltd.

333 B.R. 483 · United States Bankruptcy Court, M.D. Florida · Sep 28, 2005

Peloquin did not establish that the existing paint had surpassed its “useful life,” and there is no evidence of an immediate need' to paint the buildings. … The documentation does not clearly identify the job position or specific duties of the employees.

In Re Westfall

376 B.R. 210 · United States Bankruptcy Court, N.D. Ohio · Sep 24, 2007

. § 1325 (a), the “hanging paragraph,” protected their claims from bifurcation because the loans are qualifying purchase money security interests. Toby L. … Thus, the established standard for adopting state law, either as a rule of decision or otherwise, is a muddle on the current facts.

In re Ryerson

519 B.R. 275 · United States Bankruptcy Court, D. Idaho · Sep 30, 2014

Clearly, the gate, garage doors and vacuum system are fixtures. … If the ownership of the appurtenant land changes, the dock must be removed, or the new owner must qualify for an assignment of the encroachment permit. 57 The dock here is a floating structure of timber, wood composite, and

Principal Mutual Life Insurance v. Lakeside Associates (In re DeLUCA)

194 B.R. 797 · United States Bankruptcy Court, E.D. Virginia · Apr 1, 1996

In order to qualify under the rubric of being “in control of the debtor”, the alleged insider “must exercise sufficient authority over the debtor so as to unqualifi-ably dictate corporate policy and the disposition of corporate … As a practical matter, the debtor argues, Principal Mutual has a financial strangle-hold on the debtor and is therefore clearly a “person in control” of the debtor.

Steed v. GSRAN-Z LLC

United States Bankruptcy Court, N.D. Georgia · Apr 1, 2020

Ohuche may very well be qualified, but the affidavit does not establish his qualification as an expert. … Instead, Plaintiff relies solely on his own affidavit, which normally does not clearly establish significant emotional distress.

Briseno v. Mutual Federal Savings & Loan Ass'n (In re Briseno)

496 B.R. 509 · United States Bankruptcy Court, N.D. Illinois · Aug 2, 2013

The Debtors, as the parties seeking to strip the liens, bear the burden to establish the values of the properties. See Hernandez v. TCF Banking & Savs. (In re Hernandez), 493 B.R. 46, 50 (Bankr.N.D.Ill.2013). … The Court was presented with two competing appraisals of the 4731 Property, each made by a qualified appraiser, stating significantly diverging values under the sales comparison approach.

In Re Board of Directors of Hopewell International Insurance

272 B.R. 396 · United States Bankruptcy Court, S.D. New York · Jan 17, 2002

When the English administrators of the company, acting in the U.S. case, sought to sue a British bank to avoid a transaction that was arguably a preference under U.S. law but likely immune in the U.K., the bank asked the … When the Court then said, "I think that is established,” counsel affirmatively misstated, "It is established. It’s established in Bermuda and New York.”

Bank of America, N.A. v. Lehman Bros. Holdings Inc. (In Re Lehman Bros. Holding Inc.)

439 B.R. 811 · United States Bankruptcy Court, S.D. New York · Nov 16, 2010

The language, thus, specifies that in order to qualify for the exception the security agreement must be part of or must relate to a swap agreement. … Accordingly, BOA’s conduct does not qualify for the exception set forth in section 362(b)(17) based on the very same record considered by the Court in finding that BOA is unable under these facts to establish its right to

Schuessler v. The U.S. Small Business Administration

United States Bankruptcy Court, E.D. Wisconsin · May 22, 2020

The SBA insists that plaintiffs have not established any of these elements. … Given the court’s rulings on the merits of plaintiffs’ section 525(a) and APA claims, the debtors are not clearly entitled to the relief they seek.

JPMorgan Chase Bank, N.A. v. Charter Communications Operating, LLC (In Re Charter Communications)

419 B.R. 221 · United States Bankruptcy Court, S.D. New York · Nov 17, 2009

What this demonstrates is that valuation is a malleable concept, tough to measure and tougher to pin down without a host of explanations, sensitivities and qualifiers. … The extensive record establishes that the CII Settlement is fair and equitable.

Steffen v. The U.S. Small Business Administration

United States Bankruptcy Court, E.D. Wisconsin · May 22, 2020

The SBA insists that plaintiffs have not established any of these elements. … Given the court’s rulings on the merits of plaintiffs’ section 525(a) and APA claims, the debtors are not clearly entitled to the relief they seek.

Scroggins v. Powell, Goldstein, Frazer & Murphy (In Re Kaleidoscope, Inc.)

15 B.R. 232 · United States Bankruptcy Court, N.D. Georgia · Nov 13, 1981

Powell, Goldstein asserts that a determination has already been made by the Superior Court of Fulton County that the designated portions of the legal files constitute “work product” immune from discovery and examination by … When analyzed in consideration of the value of an attorney’s services, the need for, and limitation of, the “work product” doctrine can be clearly seen.

Sundquist v. Bank of America, N.A. (In re Sundquist)

566 B.R. 563 · United States Bankruptcy Court, E.D. California · Mar 23, 2017

Three elements are required for emotional distress damages: (1) significant harm; (2) clearly established; and (3) with a causal connection between the stay violation and the harm (as distinct from anxiety and pressures inherent … As will be seen, the evidence in this case clearly establishes all seven of those mental states in each of the plaintiffs. Emotional harm that produces bodily harm may lead to compensable physical injury. Id. cmt b.

In Re Native American Systems, Inc.

368 B.R. 75 · United States Bankruptcy Court, D. Colorado · Mar 23, 2006

Benefit to the DIP ENI must also establish that the availability of its services benefitted the DIP. Amarex, 853 F.2d at 1530 . … In the case of the DOE contract, the DIP clearly received a benefit. ENI’s continued availability allowed the DIP to receive post-petition $47,459.00 from its customer.

In Re Fairfield Sentry Ltd.

452 B.R. 52 · United States Bankruptcy Court, S.D. New York · May 23, 2011

The court itself could not have stated so any more clearly: “Nothing in this decision should be read to decide the ultimate issue: whether § 108 is available to foreign representatives.” … The court thus qualified its language pertaining to the Section 108 issue as “identifying the potential weaknesses of *62 the foreign representatives’ arguments ... simply ... to show that the issue is not as uncontroversial

United States v. Merritt (In Re Merritt)

186 B.R. 924 · United States Bankruptcy Court, S.D. Illinois · Sep 8, 1995

The $47.25 debt clearly meets the first prong of this test in that it is owed to the United States government. … Under the “clearly erroneous” standard applicable to such a determination, see Williams v.

Meadows v. Ledesma

United States Bankruptcy Court, E.D. Wisconsin · Oct 1, 2021

Nothing establishes that these are the same entity. … The Plaintiff Failed to Establish That the Debtor Knowingly or Fraudulently Failed to Disclose Income from a Car Repair Business or the Income Shown as Qualified Business Income on His 2019 Tax Return.

Barnhill's Buffet, Inc. v. SCS General Contractors Inc. (In Re Barnhill's Buffet, Inc.)

397 B.R. 51 · United States Bankruptcy Court, M.D. Tennessee · Nov 19, 2008

SCS also prays that the Court will award it the total amount of the escrows established for this litigation to the extent of the orders establishing the escrows. … Imposition of a constructive trust clearly thwarts the policy of ratable distribution and should not be impressed cavalierly. Omegas, 16 F.3d at 1451 (quoting The Oxford Organisation, Ltd. v.