Case law

Walsh v. United States (In Re Walsh)

260 B.R. 142 · United States Bankruptcy Court, D. Minnesota · Mar 29, 2001

The Debtor relies on the “plain meaning” analysis applied by the Supreme Court in much of its bankruptcy jurisprudence for more than a decade. 5 His argument is that, with the statute as bare of qualifying language as it … When it is applied to the established facts here, the result is clear.

Manville Corp. v. Equity Security Holders Committee (In Re Johns-Manville Corp.)

66 B.R. 517 · United States Bankruptcy Court, S.D. New York · Oct 28, 1986

The evidence adduced at that hearing, relied upon herein, clearly established the serious threat and real jeopardy that will be posed to this reorganization if the shareholders are permitted to call for that meeting. 1. … by the Second Circuit has been established.

In re Las Vegas Monorail Co.

429 B.R. 317 · United States Bankruptcy Court, D. Nevada · Apr 26, 2010

But there are more types of property which qualify. … Clearly, payments by LVMC are "revenues” under this definition.

In Re Klus

173 B.R. 51 · United States Bankruptcy Court, D. Connecticut · Oct 13, 1994

On August 7,1992, an order (the “506(a) Order”) entered establishing the facts agreed to in the Stipulation. … The first prong of Chevron Oil is satisfied because Nobelman decided an issue of first impression with the Court, the resolution of which was not "clearly foreshadowed.” 404 U.S. at 106 , 92 S.Ct. at 355 .

Asphalt Prof'ls Inc. v. Davis (In re Davis)

595 B.R. 818 · United States Bankruptcy Court, C.D. California · Jan 18, 2019

Subsequently, API filed a complaint to establish nondischargeability of its debt and denial of Davis's discharge. … Courts consider the following factors when applying the doctrine of judicial estoppel: First, a party's later position must be clearly inconsistent with its earlier position.

Boyd v. Dock's Corner Associates (In Re Great Northern Forest Products, Inc.)

135 B.R. 46 · United States Bankruptcy Court, W.D. Michigan · Dec 20, 1991

The moving party bears the burden of clearly establishing the non-existence of any genuine issue of fact material to a judgment in his favor. Adickes v. S.H. … To allow the Trustee to store the property at no cost is clearly a windfall to the estate.

In Re Texas Rangers Baseball Partners

434 B.R. 393 · United States Bankruptcy Court, N.D. Texas · Jun 22, 2010

The Texas Rangers Baseball Partners Second Amended and Restated General Partnership Agreement (the "Partnership Agreement”), however, clearly establishes Debtor as a general partnership. 6 . … Such treatment could not qualify for non-impairment under § 1124(1) because the failure to pay postpetition interest does not leave unaltered the contractual or legal rights of the claim.”

Giuliano v. Ins. Co. of Pa. (In re LTC Holdings, Inc.)

597 B.R. 565 · United States Bankruptcy Court, D. Delaware · Feb 4, 2019

It helps establish the factual background of this opinion. 1. Who owned the Tax Refund: LTC or LES? … Neither party has clearly identified the jurisdiction that governs the accrual of subrogation rights.

In Re Fibermark, Inc.

349 B.R. 385 · United States Bankruptcy Court, D. Vermont · Sep 6, 2006

This means all required information must be set forth clearly. II. Expenses A. … Clearly it is more efficient for both the consumer and the court system that court users obtain copies of court documents through PACER.

In Re Public Service Co. of New Hampshire

160 B.R. 404 · United States Bankruptcy Court, D. New Hampshire · Aug 30, 1993

Alternatively, even if his services were deemed not to qualify for premium enhancement under those standards, I would conclude that a $250 an hour consulting fee would not be an appropriate and reasonable compensation for … It is not received in evidence for the purpose of establishing the facts and characterizations therein included except to the extent those facts and characterizations are independently established by evidence of record.]

Matter of Davis

68 B.R. 205 · United States Bankruptcy Court, S.D. Ohio · Dec 2, 1986

As the court stated in Matter of Wall, 52 B.R. at 616 , The burden of proof to establish that a Plan is proposed in good faith is squarely on the Debtor. … Their budget contains items which could clearly be found not reasonably necessary for themselves or their dependants.

In Re Keniston

85 B.R. 202 · United States Bankruptcy Court, D. New Hampshire · Mar 31, 1988

If that in fact is a required reading of the statute the constitutional question under equal protection cannot be avoided, since it is otherwise well-established that no such test relating to future income qualifies the rights … This written document clearly does not embody the “meeting of the minds” of the debtor and Deborah Keniston reached in their discussions on this matter.

Javier Lopez

United States Bankruptcy Court, D. New Mexico · Apr 19, 2022

The Court believes that this is a strong indication that the debt for $7,442.00 qualifies as a DSO within the meaning of § 523(a)(5). … Lopez’s bankruptcy case that the obligations qualify as DSOs entitled to priority; therefore, the Default Judgment is not entitled to claim preclusive effect to establish the nature of the claims.

Armbrustmacher v. Redburn (In Re Redburn)

202 B.R. 917 · United States Bankruptcy Court, W.D. Michigan · Dec 6, 1996

And, although some seemed to remember events more clearly than others, each testified that Mr. Redburn said either that he owned the assets of the rental companies “free and clear” or that when Mr. … This Court ruled that the damage amounts established in state court would be given preclusive effect.

In re Cripps

549 B.R. 836 · United States Bankruptcy Court, W.D. Michigan · May 13, 2016

The Applicant overlooks the implicit deadline established by various sections of Chapter 13. … Because the definition of “claim” does not include a pre or post-petition qualifier, it includes priority claims, including administrative expenses.

In Re Brown

375 B.R. 362 · United States Bankruptcy Court, W.D. Michigan · Sep 5, 2007

The answer clearly would be yes if the debtor’s Chapter 13 plan provided that the vehicles were to remain property of the estate post-confirmation. … The revesting of property under § 522(l) does not immunize it from being brought into the estate upon conversion of a Chapter 13 case, (footnotes omitted). In re Campbell, 313 B.R. at 321 .

Kaye v. Nath Companies (In re Duke & King Acquisition Corp.)

508 B.R. 107 · United States Bankruptcy Court, D. Minnesota · Mar 31, 2014

That deference is more qualified since the Supreme Court’s recent issuance of two major opinions under Rule 12(b)(6). … This conduct cannot qualify as inequitable for the purposes of subordination under § 510(c).

I.U.P.A.T. DISTRICT COUNCIL57 COMBINED FUNDS v. Barlow

United States Bankruptcy Court, W.D. Pennsylvania · Apr 6, 2021

Union and Industry Pension Fund, which was established under an Agreement and declaration of trust dated April 1, 1967. … One may qualify as a fiduciary under non-bankruptcy law without so qualifying under §523(a)(4)”); In re Masdea, 307 B.R. 466 (Bankr. W.D. Pa. 2004) (same).

Balko v. Carnegie Financial Group Inc. (In Re Balko)

348 B.R. 684 · United States Bankruptcy Court, W.D. Pennsylvania · Aug 24, 2006

In re Bell, 309 B.R. at 153 ("Even if the yield spread premium in this case is part of the finance charge, it clearly was not paid by the Debtor at or before closing. … It is well-established that fraud in the factum is a defense under § 3-305 of the UCC, while fraud in the inducement is not. See Exchange International Leasing Corp. v.

In Re Evergreen Security, Ltd.

363 B.R. 267 · United States Bankruptcy Court, M.D. Florida · Feb 27, 2007

The 46-page FOFCOL clearly exceeded the fifteen-page limitation. … The Movants qualify many of their statements with words such as “seemed to be,” “apparently,” “appears,” and “presumably” attempting to distance themselves from the allegations.