Case law

Home Savings Ass'n of Kansas City, F.A. v. Woodstock Associates I, Inc. (In Re Woodstock Associates I, Inc.)

120 B.R. 436 · United States Bankruptcy Court, N.D. Illinois · Oct 24, 1990

At the end of any given year, a final rate is established for each participating nursing home. … In order to qualify as “actual” and “necessary” administrative expenses, expenditures must benefit the estate as a whole rather than just the creditor claimant.

Stephen Ormsby Gallagher, II

United States Bankruptcy Court, D. Maryland · Apr 15, 2024

A factual finding is clearly erroneous if “the reviewing court on the entire evidence is left with a firm and definite conviction that a mistake has been committed.” Vancamp, 652 B.R. at 241 (quoting United States v. … Antonelli Creditors’ Liquidating Tr., 123 F.3d 777, 786 (4th Cir. 1997) (holding state may raise sovereign immunity argument for the first time on appeal from the bankruptcy court only “because that immunity has jurisdictional

United States v. Walters (In Re Walters)

176 B.R. 835 · United States Bankruptcy Court, N.D. Indiana · Jun 27, 1994

Walters was qualified as an expert witness respecting the trading and valuation of rare numismatic coins. … The facts in this case are clearly distinguishable from West, and thus the Court concludes that Dr.

Nicholson v. Ecast Settlement Corp.

602 B.R. 295 · United States Bankruptcy Court, M.D. Pennsylvania · May 24, 2019

"[C]reditors' entitlements in bankruptcy arise in the first instance from the underlying substantive law creating the debtors' obligation, subject to any qualifying or contrary provisions of the Bankruptcy Code. … Mo. 2017) ("It is well-established that 'other appropriate relief' does not include the disallowance of a claim." (citation omitted)); In re Davenport , 544 B.R. 245 , 250 (Bankr.

In Re Erickson

406 B.R. 522 · United States Bankruptcy Court, W.D. Michigan · May 20, 2009

Otherwise, debtors would never be able to remove eligible property from the estate as clearly contemplated under Section 522(d). … That lien had attached to a condominium the debtor owned in that county because Florida at that time did not recognize the debtor’s condominium as immune under its then-enacted homestead exemption.

Barber v. Westbay (In Re Integrated Agri, Inc.)

313 B.R. 419 · United States Bankruptcy Court, C.D. Illinois · Aug 4, 2004

If it elects to do so, the viability of Count I of the Amended Complaint is established. … Where there is clearly no equity in the asset or claim, however, it should be abandoned as having no value to the estate. 5 .

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

521 B.R. 134 · United States Bankruptcy Court, N.D. Texas · Oct 10, 2014

Unfortunately, the Fifth Circuit authority does not, in this court’s estimation, clearly provide an answer. … The court believes that all of the undisputed facts establish the four traditional elements of equitable estoppel: (1) TRBP was aware of the facts, (2) TRBP intended its act or omission to be acted upon, (3) Paradigm did

Coleman v. Community Trust Bank (In Re Coleman)

285 B.R. 892 · United States Bankruptcy Court, W.D. Virginia · Sep 17, 2002

In Tennessee, as in Virginia, it is necessary to avoid a fraudulent conveyance to establish that the grantee was apprised of the grantor’s wrongful intent. … Belcher, was aware that one of the motivating reasons that caused the Colemans to offer the deeds of trust upon their valuable, unencumbered real property was to protect the same from IRS levy, it does not qualify as a bona

In Re Mortgages Ltd.

444 B.R. 585 · United States Bankruptcy Court, D. Arizona · Feb 15, 2011

There can be no dispute that Mortgages Ltd. qualified as a "construction lender" or a "reputed construction lender" as referred to in this statute. … Because the statute clearly requires estoppel of the subsequent owner in that circumstance, the result must apply equally to anyone who becomes a successor in interest by whatever means.

Howard v. Burlington Northern & Santa Fe Railway Co. (In re Bangor & Aroostook Railroad)

320 B.R. 226 · United States Bankruptcy Court, D. Maine · Feb 15, 2005

Alternatively, they assert that the monthly “netting out” process was recoupment, immune from the Code’s applicable avoidance provision. … When “the language of the parties fails to clearly indicate their intention, it may be ascertained by other objective manifestations of intent, such as the facts and circumstances surrounding the transaction and the relationship

In re Holmes

573 B.R. 549 · United States Bankruptcy Court, D. New Jersey · Sep 19, 2017

As a result, the mortgage holder, who failed to prosecute its foreclosure action, would receive immunity from the Act. … No further value has been presented or established.

Bergner v. Bank One, Milwaukee, N.A. (In re Bergner)

187 B.R. 964 · United States Bankruptcy Court, E.D. Wisconsin · Jul 28, 1995

Even if a contingent creditor were not a “creditor” under 11 U.S.C. § 547 (b)(1), a creditor having a mature debt such as Bank One’s does qualify. … It is undisputed that the parties established a substantial letter of credit relationship over the two years preceding the bankruptcy.

In Re Dorn

167 B.R. 860 · United States Bankruptcy Court, S.D. Ohio · Jun 10, 1994

To hold otherwise would be tantamount to concluding that trustees must be attorneys, which is clearly not the case. See, 28 CFR § 68.3 . … The very quality, however, which makes the attorney particularly qualified to act as trustee, unfortunately beclouds the matter of compensation. In re Red Cross Hospital Assoc., Inc., 18 B.R. 593, 594 (Bankr.

Kheir

United States Bankruptcy Court, S.D. Texas · Nov 4, 2025

Supp. 2d 619, 627 requirements for a qualified written request under the (S.D. Tex. 2010).47 Real Estate Settlement Procedures Act. … immunity otherwise afforded Homecomings Fin., LLC, 881 F. Supp. 2d 825, 832 under Tex. Prop. Code § (S.D. Tex. 2012). 51.007(f).”

Stuart Pivar

United States Bankruptcy Court, S.D. New York · Feb 27, 2024

If the debtor has fewer than twelve creditors, a single qualified creditor may commence an involuntary case, see 11 U.S.C. § 303(b)(2).” ). … Pivar clearly did not sign” it. Id. at 9. Accordingly, Pivar asserts that he is entitled to fees and costs.

White-Lett v. The Bank of New York Mellon, Corp.

United States Bankruptcy Court, N.D. Georgia · Oct 3, 2022

Plaintiff further argues that BANA cannot establish a default without first presenting the note, authenticating it, establishing BANA’s right to enforce it, and establishing Plaintiff’s failure to pay. … Therefore, the Court cannot conclude that BANA has established the second element of the safe harbor defense.

Feshbach v. United States Department of Treasury (In re Feshbach)

576 B.R. 660 · United States Bankruptcy Court, M.D. Florida · Oct 17, 2017

True, if the Service (or even one revenue officer) approved the Feshbachs excessive spending, the Service would be hard-pressed to later persuade a bankruptcy court that such spending qualifies as an attempt to evade or defeat … Although the Fesh-bachs are clearly above-median debtors, they were not subject to the means test because their debts were not primarily consumer debts. .

Zachary Ober and Jennifer Ober

United States Bankruptcy Court, E.D. Pennsylvania · Apr 8, 2020

Stat. § 33-1104(A)(3) as of the petition date, it qualifies for the Arizona Homestead Exemption set forth in Ariz. Rev. Stat. § 33-1101(A). … See also Calderon, 507 B.R. at 730 (“Once Calderon’s homestead was established by operation of law, the controlling question shifted from whether Calderon established a homestead in the residence to whether he abandoned

SS Body Armor I, Inc

United States Bankruptcy Court, D. Delaware · Jun 7, 2021

It does nothing more than provide some certainty for a particular liquidating trust that it qualifies as a grantor trust, i.e., qualifies for tax treatment advantageous to its beneficiaries. … Thus, establishing an I.R.C. § 301.7701–4(d) liquidating trust maximizes the value of distributions.

In Re International Banking Corp. B.S.C.

439 B.R. 614 · United States Bankruptcy Court, S.D. New York · Nov 23, 2010

An attempt to draft such a definition (and to establish criteria according to which a particular category of creditors might receive special treatment) would not only show the difficulty of crafting such a definition but … Their secured status does not, however, immunize their liens from attack under Bahraini law any more than it would under United States law.