Case law

August v. Michigan Avenue National Bank (In re Michigan Avenue National Bank)

2 B.R. 171 · United States Bankruptcy Court, N.D. Illinois · Jan 11, 1980

are: (a) in the conveyance clause the words “GRANT” and “CONVEY”, (b) in the quantity clause the words “. . . any and all rights and interests of every name and nature now or hereafter owned by the Mortgagor (c) and the qualifying … It did not cause a sale, and it did not establish a deficiency.

Deloycheet, Inc. v. Beach (In re Beach)

570 B.R. 300 · United States Bankruptcy Court, D. Alaska · Apr 7, 2017

materially adverse facts that should be considered. 173 “A representation stating *328 the truth so far as it goes but which the maker knows or believes to be materially misleading because of his failure to state additional or qualifying … Roughly a month before his resignation and the proposed loan, Beach clearly misrepresented the fundamental precepts of that transaction for his family’s benefit.

Mickelson v. Anderson (In Re Anderson)

31 B.R. 635 · United States Bankruptcy Court, D. Minnesota · Mar 23, 1982

Accordingly the ability to repay was equally dependent upon ability to qualify the limited partnership investment offerings and ability to sell them when qualified. 2. … Lines of credit were established at $1,250,000.00 for secured loans and $750,-000.00 for unsecured advances.

Joseph Fama, Jr.

United States Bankruptcy Court, E.D. New York · Sep 15, 2023

And as noted, the debtor bears the burden to establish each of these elements. In re Hillman, 2023 WL 3804195, at *3. … [because it] is clearly the delivery of services in exchange for a profit.” Id.

Russell v. Jones (In Re Pro Page Partners, LLC)

292 B.R. 622 · United States Bankruptcy Court, E.D. Tennessee · Feb 19, 2003

In other words, the words ‘goods, services or new credit’ which qualify the words ‘money or money’s worth’ ... would have no purpose or meaning.” … law that “[ajssuming that [Fastrans ] is still good law; has not been overruled by the amendments to Bankruptcy Code § 550 in the Bankruptcy Reform Act of 1994; and is controlling in this case, ... she will be unable to establish

Feldman v. Chase Home Finance (In Re Image Masters, Inc.)

421 B.R. 164 · United States Bankruptcy Court, E.D. Pennsylvania · Dec 17, 2009

The allegations in the Complaint establish Defendants’ affirmative defense of good faith and value received. … Clearly, the homeowners have a very substantial interest in the subjects of this proceeding—the mortgage accounts that the homeowners have with Defendants.

In Re Bellman Farms, Inc.

140 B.R. 986 · United States Bankruptcy Court, D. South Dakota · Dec 31, 1991

The exhibits and testimony presented at the July 24, 1991 hearing did not clearly establish whether Debtors and Lois Vielmette owned one or two Lincoln Continental automobiles between them nor, if there were two Lincolns, … Other than the trustee fees, however, the Amended Motion did not clearly indicate whether these were plan payments or current expenses.

Jackson v. Jackson (In re Jackson)

548 B.R. 353 · United States Bankruptcy Court, N.D. Georgia · Apr 11, 2016

At best, the Plaintiffs have established nothing more than their disagreement with the statements the Debtor made. … The debtor clearly thinks he owns this property.

Hill v. Educ. Credit Mgmt. Corp. (In re Hill)

598 B.R. 907 · United States Bankruptcy Court, N.D. Georgia · Apr 1, 2019

Around the time Debtor was approved for SSDI, a case worker at Grady Hospital helped Debtor qualify for a housing voucher from the Atlanta Housing Authority and assisted her in finding housing. … The evidence clearly established that, despite Debtor's education, her mental illnesses prevent her from obtaining gainful employment, and she relies on SSDI as her sole income.

Harker v. West (In Re West)

328 B.R. 736 · United States Bankruptcy Court, S.D. Ohio · Jan 12, 2004

West attributes her inability to clearly remember the existence or whereabouts of the jewelry to her medical condition. … No evidence was offered to establish the date that West ceased working. 2 .

In re Oi Brasil Holdings Coöperatief U.A.

578 B.R. 169 · United States Bankruptcy Court, S.D. New York · Dec 4, 2017

But this statement, made in a single footnote and unrepeated elsewhere, was clearly dicta. … This is clearly incorrect. .

Jadeco Construction Corp.

United States Bankruptcy Court, E.D. New York · Jul 10, 2019

What qualifies as a sufficient obstacle is to be determined by reviewing the federal statute as a whole, and examining its purpose and effects. In re Westby, 473 B.R. 392, 412 (Bankr. D. … Clearly, the estate has no interest in monies due under a contract that is invalid as a matter of law.

Mazloom v. Navient Solutions, Inc.

United States Bankruptcy Court, N.D. New York · Mar 29, 2022

In O’Brien, it was sufficient that the nonprofit had guaranteed the loans, which meant it “was clearly devoting some of its financial resources to supporting the program.” Id. at 106. … To find otherwise would automatically qualify any student loan program as exempt from discharge.

Hackerman v. Demeza (In re Demeza)

570 B.R. 33 · United States Bankruptcy Court, M.D. Pennsylvania · Jul 28, 2017

In ruling on the Motion to Dismiss,-1 may properly consider the Second Amended Complaint, as well as established exhibits and matters of public record. Pension Ben. Guar. Corp. v. White Consol. … Generally, such state law would have to clearly outline the debtor’s fiduciary duties and identify the trust property. In re Moran, 413 B.R. 168, 185-86 (Bankr.

Timothy Russell Hoffman

United States Bankruptcy Court, N.D. Georgia · Jul 26, 2019

Moreover, the Debtor’s statement that the IRAs are property of the estate is a legal conclusion, and, therefore, does not qualify as a judicial admission. … To determine whether an exemption 9 Roth IRAs are established under § 408A of the Internal Revenue Code [26 U.S.C.

Estate of Verkamp v. KDI Corp. (In Re KDI Corp.)

119 B.R. 594 · United States Bankruptcy Court, S.D. Ohio · Oct 12, 1990

“Summary judgment on this issue would establish that KDI is the party responsible for any delay in this case and is thereby prevented from asserting any prejudice due to delay.” … The putative class consisted of the former shareholders of the Verkamp Corporation of which this claimant’s predecessor in interest clearly was one.

DMM Grp., Inc. v. Hanna (In re Hanna)

603 B.R. 571 · United States Bankruptcy Court, S.D. Texas · Jul 19, 2019

E.D.N.Y Feb. 27, 2017) ("While most times both conduct and explicit statements by the debtor exist, thereby establishing a fraud under both false pretenses and false representation, the creditor may be able to establish the … Thus, to the extent that this "false pretenses" section discusses express representations made by the Debtor, not only do they help DMM establish its claim for false pretenses, but they also help DMM further establish its

In re Shafer Bros. Constr. Inc.

525 B.R. 607 · United States Bankruptcy Court, N.D. West Virginia · Jan 14, 2015

application in that regard and a verified statement in. support thereof “setting forth the person’s connections with the debtor, creditors, or any other party in interest ...” so that the court can adjudge whether they qualify … Some courts have held that “the decision to grant compensation is governed by § 330(a) and that provision, like § 328(c), clearly requires a valid appointment under § 327(a) as a prerequisite to an award of compensation.”

In re Ridgecrest Healthcare, Inc.

571 B.R. 838 · United States Bankruptcy Court, C.D. California · Aug 24, 2017

On remand, this court has endeavored to follow the District Court’s order to clearly articulate the elements of the Ninth Circuit test and apply the test to its analysis of QA fees. c) Supplemental Bankruptcy Court Proceeding … While skilled nursing facilities certainly engage in “transactions” each day in order to operate, DHS has not established that QA Fees are imposed on any single transaction.

Drake v. Franklin Equipment Co. (In Re Franklin Equipment Co.)

416 B.R. 483 · United States Bankruptcy Court, E.D. Virginia · Sep 14, 2009

Randy Drake was qualified as an expert to testify as to the value of certain personal property. 26 Wilson Drake was also qualified expert to testify as to the value of inventory and equipment of the Debtor based upon his … Counsel for the Trustee objected to Randy Drake being qualified as an expert on the basis that Mr. Drake is a party to the instant motion.