Case law

Likowski v. Davis (In Re Davis)

312 B.R. 681 · United States Bankruptcy Court, D. Nevada · Jul 13, 2004

The fourteenth claim for relief — for damages-does not qualify as a legal claim. It simply reiterates one element of the prayer. … Any such statements were clearly within the scope of their duties as court appointed *688 officers.

Janc v. Coordinating Board for Higher Education (In Re Janc)

251 B.R. 525 · United States Bankruptcy Court, W.D. Missouri · Aug 8, 2000

Waiver of Eleventh Amendment Sovereign Immunity. It is well established that a state may waive its Eleventh Amendment sovereign immunity. See Seminole, 517 U.S. at 65 , 116 S.Ct. at 1129 . … There was some question in Muir whether HESC actually qualified as an "arm of the state,” but it did not affect the court's reasoning or ultimate holding. 27 .

Erickson v. Federal Land Bank (In Re Erickson)

107 B.R. 222 · United States Bankruptcy Court, D. Nebraska · Aug 31, 1989

It is well established that judges are absolutely immune from suits for damages for acts performed in their judicial capacities. Stump v. … Further, the Stump court provided that “the scope of the judge’s jurisdiction must be construed broadly where the issue is the immunity of the judge” and that a “judge will not be deprived of immunity because the action he

Maya v. Philadelphia Gas Works (In Re Maya)

8 B.R. 202 · United States Bankruptcy Court, E.D. Pennsylvania · Jan 16, 1981

The debtors’ *207 claim under § 1983 clearly arises in and is related to their proceeding in bankruptcy. … We conclude that the Economic Opportunity Act and ECAP program would clearly fit within that category. 4 .

In Re Butcher

38 B.R. 785 · United States Bankruptcy Court, E.D. Tennessee · Feb 1, 1984

Clearly, the precedent established by Harris and the Court’s recognition in Fisher that the mere act of producing documents is communicative, and thus potentially within the scope of Fifth Amendment protection against self-incrimination … The amendment established a use and derivative use immunity standard, which is to be distinguished from transactional immunity. See Counselman v. Hitchcock, 142 U.S. 547 , 12 S.Ct. 195 , 35 L.Ed. 1110 (1892). 8 .

In re Muhammad

586 B.R. 753 · United States Bankruptcy Court, W.D. Wisconsin · Jun 1, 2018

Debtors' schedules clearly reference only one "grandchild." It appears the grandchild is the only minor child at issue. … Under section 106(a)(3), DCF is immune from a claim of punitive damages, so that relief must also be denied.

Ellenberg v. DeKalb County (In Re Maytag Sales & Service, Inc.)

23 B.R. 384 · United States Bankruptcy Court, N.D. Georgia · Sep 24, 1982

Although the facts do not clearly set out the exact date on which the bankruptcy petition was filed and the date the garnishment summons was issued, the court states that the petition for certiorari clearly indicated that … The Court found that the legislative history of subsection (c) clearly indicated Congress’ intention that the government as a creditor is deemed to have waived its sovereign immunity with respect to a preference action instituted

Quiles Aviles v. City of Philadelphia Water Revenue Bureau (In re Quiles Aviles)

532 B.R. 428 · United States Bankruptcy Court, D. Puerto Rico · Jul 1, 2015

The First Circuit considered that “none of the enumerated sections in § 106(a)(1) that apply directly (§§ 105, 524) or by analogy (§ 362) clearly established the availability, even against private parties, of an award of … . §§ 105 and 524[ ] did not ‘clearly establish[ ] the availability, even against private parties, of an award of emotional distress damages.’ ” In re Duby, 451 B.R. at 671 , citing and analyzing In re Rivera-Torres, 432 F

Cech v. Maloney (In Re Maloney)

146 B.R. 168 · United States Bankruptcy Court, W.D. Pennsylvania · Oct 21, 1992

Only the debtor’s equity above the judicial liens could so qualify. (Emphasis added.) Napotnik, 679 F.2d at 320 . … The trustee asserts in the objection that other debts listed in the schedules also qualify as joint debts.

Headrick v. Georgia (In Re Headrick)

285 B.R. 540 · United States Bankruptcy Court, S.D. Georgia · Nov 30, 2001

While the EAJA limits the award of attorney fees to $125 per hour, the court may determine “that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys for the proceedings … The Headricks therefore bear the burden of establishing 1) the prevailing market rate and 2) if the prevailing market rate is $150 and $250 an hour, for Messrs.

In Re Raphael

230 B.R. 657 · United States Bankruptcy Court, D. New Jersey · Feb 4, 1999

Although the question of what constitutes “the State” or qualifies as an arm or instrumentality of the state is a question of federal law, Christy v. … They are established by individual municipalities, each of which has a separate corporate existence and does not have sovereign immunity protection under the Eleventh Amendment.

Metromedia Fiber Network, Inc. v. Various State & Local Taxing Authorities (In Re Metromedia Fiber Network, Inc.)

299 B.R. 251 · United States Bankruptcy Court, S.D. New York · Jul 15, 2003

Justice Iredell did, in the light of history and experience and the established order of things” and concluding that “the views of [Justice Iredell] were clearly right — as the people of the United States in their sovereign … All nine Justices agreed that the Act clearly and unmistakably manifested Congress’ intent to abrogate sovereign immunity.

In Re Fernandez

236 B.R. 483 · United States Bankruptcy Court, M.D. Florida · Jun 30, 1999

Basically, these are the relevant facts established at the final evidentiary hearing. … However, it is equally true that it is for this Court to decide whether the Debtor’s Plans, while facially ERISA qualified, lost the immunity from administration granted by Section 541(c)(2) because of the manner the Plans

In Re Devall

9 B.R. 41 · United States Bankruptcy Court, M.D. Alabama · Nov 4, 1980

indicates that persons who receive pensions, welfare, and various government provided benefits qualify as “individuals with regular income”. … Thus, Congress clearly manifested an intent to make Chapter 13 relief available to debtors dependent on Social Security income as is the case here.

In Re Morrow

122 B.R. 151 · United States Bankruptcy Court, M.D. Florida · Dec 11, 1990

of debtors in ERISA-qualified profit-sharing and pension plans are excluded from property of the estate. … Clearly, contributions made to an ERISA plan are not akin to wages deposited for savings or everyday living expenses in a bank account. Therefore, this Court is satisfied that the Debt- or’s argument that Mrs.

In Re Watson

192 B.R. 238 · United States Bankruptcy Court, D. Nevada · Feb 13, 1996

A true ERISA qualified plan with employees comes within 11 U.S.C. § 541 (c)(2) and is excluded from the estate, but although ERISA immunity does not extend to non-qualified ERISA plans, other law may provide immunity. … It is now established that notwithstanding the failure of a plan to be ERISA qualified, such plan may be excluded from the debtor’s estate if exempt under applicable state exemption law.

Agency for Deposit Insurance, Rehabilitation, Bankruptcy & Liquidation of Banks v. Superintendent of Banks of New York

313 B.R. 561 · United States Bankruptcy Court, S.D. New York · Aug 13, 2004

On appeal, however, this Court, finding § 109 irrelevant to the analysis of who was qualified to invoke § 304, reversed, and remanded the case to the Bankruptcy Court for further proceedings under § 304. … The fourth clause of Article I, section 8, of the Constitution gives Congress plenary power “[t]o establish uniform laws on the subject of bankruptcies throughout the United States.”

Matter of Lawson

67 B.R. 94 · United States Bankruptcy Court, M.D. Florida · Nov 6, 1986

it is evident that the "ipso facto" clause is of no effect, and presents no obstacles to the Trustee's right to the Debtor's shares provided, of course, that the shares are "properties of the estate" and not excluded and immunized … It follows that the next inquiry must be addressed to the issue of whether the ESOP and the Trust established under it would qualify as a spendthrift trust under Florida law and thus be excepted from the estate pursuant to

In Re Coulston

98 B.R. 280 · United States Bankruptcy Court, E.D. Michigan · Mar 16, 1989

A leading case is In re Armstrong, 812 F.2d 1024 (7th Cir.1987), a pre-Chapter 12 case concerning farmers’ § 303(a) immunity from involuntary bankruptcy. … In re Sobel, 37 B.R. 780, 784 (Bankr.E.D.N.Y.1984), and a fear that some debtors will lie to achieve relief is a disingenuous reason to establish a hard and fast rule which denies truthful debtors relief. 4 .It is the law

Federal Savings & Loan Insurance v. Craig (In Re Crabtree)

90 B.R. 871 · United States Bankruptcy Court, E.D. Tennessee · Sep 28, 1988

However, the United States Attorney would not agree even to qualified immunity from prosecution for anything Crabtree testifies to in this proceeding. … Clearly, attorneys participating in the prior depositions were seeking information about Crabtree’s assets generally, his numerous business interests, and his associates.