Case law

In Re Bruce

80 B.R. 927 · United States Bankruptcy Court, C.D. Illinois · Feb 24, 1987

The SIP was established as a payroll-based employee stock ownership plan under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. Sec. 1001 et seq. … The plan administrator also states the SIP was established “as a payroll-based” plan that “results in a deferral of income by the employee.”

In re Indianapolis Downs, LLC

462 B.R. 104 · United States Bankruptcy Court, D. Delaware · Oct 26, 2011

The Department’s Sovereign Immunity Defense Has No Bearing on the Court’s Jurisdiction Despite the above authority supporting the Court’s jurisdiction, the Department challenges it by invoking sovereign immunity. … The two provisions clearly apply to the same base — AGR.

In re Pacheco

537 B.R. 935 · United States Bankruptcy Court, D. Arizona · Aug 25, 2015

A.R.S. section 33-1126(B) does not state that a retirement plan must be established under the enumerated sections of the I.R.C. … While the court in Thiem also concluded that the exemption was valid under § 522(b)(3)(C), that portion of the decision is clearly no longer good law due to Clark v. Rameker.

In Re Pruner

122 B.R. 459 · United States Bankruptcy Court, M.D. Florida · Dec 3, 1990

The pension plan was a qualified plan pursuant to § 401 of the Internal Revenue Code (I.R.C.). … Clearly, debtor retains “absolute dominion” over the trust as contemplated by the Li-chstrahl court.

In Re Psychiatric Hospitals of Florida Inc.

217 B.R. 645 · United States Bankruptcy Court, M.D. Florida · Apr 28, 1997

The Office of the Property Appraiser is established by Article VIII, Section 1(d) of the Florida Constitution. … The procedures under Section 505 are clearly the heart and soul and an indispensable part of the administration of the estate under the Bankruptcy Code.

Williams v. United Investment Corp. (In Re Williams)

124 B.R. 311 · United States Bankruptcy Court, C.D. California · Feb 15, 1991

The test is not whether the Debtor qualifies as a BFP under Section 544 and 549, but rather whether the trustee does. … The requisite knowledge and intent may be difficult to establish in many cases.

In Re Abrass

250 B.R. 432 · United States Bankruptcy Court, M.D. Florida · Mar 31, 2000

To qualify for this narrow exception to Section 327(a), the trustee must establish: (1) the attorney will be employed for a specific special purpose approved by the court; (2) the attorney previously represented the debtor … The tasks listed in paragraph 4 clearly go beyond the scope of the specified special purpose of Section 327(e).

McCarrell v. Bryant

United States Bankruptcy Court, W.D. Texas · Mar 18, 2025

Where a defendant properly asserts qualified immunity, the burden shifts to the plaintiff to demonstrate the defendant is not entitled to immunity by showing (1) a violation of an actual constitutional right, and (2) that … the right was clearly established at the time of the alleged violation.

Kleinfeld v. F.D.I.C. (In Re Gary R. Froid)

109 B.R. 481 · United States Bankruptcy Court, M.D. Florida · Dec 22, 1989

These monies were deposited by the Trustee into his bank account, established by the Trustee for the Debtor’s estate. … Neither do the renewal commissions qualify to be products, offsprings, rents or profits of a collateral encumbered by the security interest claimed by the secured party.

Lemos v. Rakozy (In Re Lemos)

243 B.R. 96 · United States Bankruptcy Court, D. Idaho · Dec 14, 1999

Specifically, the court found that the qualifying events (i.e., fishing in previous years) had occurred prepetition, and no qualifying activities were required postpetition. Id. at 123. … Although Segal was decided under the prior Bankruptcy Act, Congress clearly intended its holding to apply to Section 541(a) of the Bankruptcy Code. "The result of Segal v.

Decena v. Citizens Bank (In re Decena)

549 B.R. 11 · United States Bankruptcy Court, E.D. New York · Apr 4, 2016

Thus, the uncontested allegations of the Amended Complaint clearly establish a prima facie case under section 523(a)(8)(A)®. … For this reason, the Court finds that the Debtor has established a prima facie case that St.

Wilson v. Cox

United States Bankruptcy Court, E.D. New York · Feb 15, 2024

As the Supreme Court has stated, the doctrine of qualified immunity shields officials from civil liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable … And a “clearly established right” is one that is “sufficiently clear that every reasonable official would have understood that what he is doing violates that right.” Id.

In Re Neto

215 B.R. 939 · United States Bankruptcy Court, D. New Jersey · Nov 24, 1997

Clearly debtor has rights to those proceeds. … Finding the I.R.A. to be both a qualifying trust and restricted for the purposes of exclusion, the court established a list of five factors that must be met before a trust can be excluded from the estate. Id. at 614 .

In Re Greenwald

33 B.R. 607 · United States Bankruptcy Court, S.D. New York · Sep 26, 1983

Summary judgment is an extraordinary remedy which should be granted with great caution and only where it clearly appears that there is no genuine issue as to material fact to be tried. See, e.g., Heyman v. … Established DOH policy precluded introduction of this “new matter” upon bureau review of the audits.

Dwyer v. United States (In re Dwyer)

26 B.R. 366 · United States Bankruptcy Court, S.D. Ohio · Dec 23, 1982

In 1981, Debtor then qualified for military retirement because of completion of twenty years of service. … government, respectively, if the recipient subsequently qualified for retirement pay under titles 10 or 14 of the United States Code.

In Re Joshua Slocum, Ltd.

99 B.R. 261 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 27, 1989

These principles are well-established. … It is usually important to finally resolve as many issues as possible as soon as possible in any bankruptcy proceeding, and the instant issue is clearly no exception.

In Re Arango

136 B.R. 740 · United States Bankruptcy Court, E.D. Tennessee · Feb 12, 1992

However, the individual spouse’s right to use and control of the entireties property is immune from such process. Ray v. … The debtor argues that Knobler establishes a concept entirely new to Tennessee jurisprudence. The court disagrees.

Saint Joseph's Hospital v. Department of Public Welfare of Pennsylvania (In Re Saint Joseph's Hospital)

103 B.R. 643 · United States Bankruptcy Court, E.D. Pennsylvania · Aug 21, 1989

A state may not selectively waive its immunity. Hoffman establishes that “a State that files no proof of claim ... would not be subjected to monetary recovery.” 109 S.Ct. at 2823 (emphasis added). … and data and the procedures established exists.

In Re Young

439 B.R. 211 · United States Bankruptcy Court, M.D. Florida · Sep 28, 2010

To the contrary, the Debtor in this case can establish no “injury in fact” resulting from the Bank’s decision to seek direction from the Trustee as to the appropriate disposition of the Accounts. 32 In fact, the status of … Clearly, the procedure followed by the Bank in this case is a preferred alternative and allows the property of the estate to be properly established and administered efficiently and consistent with the various provisions

In Re Connally

94 B.R. 908 · United States Bankruptcy Court, W.D. Texas · Jan 17, 1989

In that decision, Judge Rubin writing for the court, held that under Texas law an ERISA qualified pension plan established by the debtors professional association was not a spendthrift trust, citing In the Matter of Goff, … pension plans qualify for exemption under state law and bankruptcy code provisions as long as they qualify as ‘spendthrift trust’ plans under applicable state law.”