Case law

In Re Cash Media Systems, Inc.

326 B.R. 655 · United States Bankruptcy Court, S.D. Texas · Jun 27, 2005

Additional facts are also established through this Court’s taking judicial notice of certain documents described herein. … By so doing, McIntyre clearly recognized this Court’s jurisdiction over the parties.

In Re Dayton Seaside Associates 2, L.P.

257 B.R. 123 · United States Bankruptcy Court, S.D. New York · Dec 22, 2000

The Private Housing Finance Law As noted above, each of the Debtors qualifies as a redevelopment company formed pursuant to Article V of the New York Private Housing Finance Law (PHFL), §§ 100 et seq. … The PHFL and the Original Agreement clearly require that an exemption be granted; its not, as the Debtors argue, that the City can be precluded from collecting taxes under the PHFL and the parties’ agreement. 7 In limited

Pajaro Dunes Rental Agency, Inc. v. Spitters (In Re Pajaro Dunes Rental Agency, Inc.)

174 B.R. 557 · United States Bankruptcy Court, N.D. California · Oct 19, 1994

Civ.Code §§ 3439 et seq., do not clearly set out who bears the burden of recovery from improper transfers. … The statute clearly reads that it is the amount received by the debtor that establishes the good faith claim. Cal. Civ.Code § 3439.08. 3.

Ag Venture Financial Services, Inc. v. Montagne (In Re Montagne)

421 B.R. 65 · United States Bankruptcy Court, D. Vermont · Nov 13, 2009

It does not follow that he is forever barred from establishing the claim. … This conduct by Ag Venture clearly runs afoul of § 41a(d)(l), which allows interest to be charged only on the outstanding balance.

Angus v. Wald (In Re Wald)

208 B.R. 516 · United States Bankruptcy Court, N.D. Alabama · Mar 26, 1997

The defendant contended that the suit was barred because the plaintiff, an Indiana corporation, had failed to qualify to do business in Alabama. … Wright (In re Wright), 187 B.R. 826 (Bankr.D.Conn.1995): The requirement that an issue be “actually litigated” to qualify for collateral estoppel does not imply that preclusion is available only for those issues established

In Re Quigley

391 B.R. 294 · United States Bankruptcy Court, N.D. West Virginia · Jun 20, 2008

[The statute] establishes parameters for that determination and supplants a court’s determination only if the given standard is violated.” … court could interpret the term “projected” to allow it to consider post-petition changes in income, §§ 1325(b)(3) and 707(b)(2)(A)(iii)(I) concern the expense side of the disposable income equation and neither subparagraph qualifies

Deborah J. Piazza, as Chapter 7 Trustee of George v. Pacific Maritime Industries Corp.

United States Bankruptcy Court, S.D. New York · May 25, 2022

There are some other provisions of the Code that do use such qualifying terms. … If the contract created an “antecedent debt” then the monthly advance payments would no longer qualify as “prepayments.”

Patriot Grp. v. Fustolo (In re Fustolo)

597 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Feb 4, 2019

Second, he argues that the bankruptcy court's finding that Childrens Dental's assets had some value was clearly erroneous. … Both are well qualified professionals. Their reports, however, are both flawed.

Erlandson v. Erlandson, II

United States Bankruptcy Court, W.D. Wisconsin · Mar 28, 2022

Whether a claim qualifies as a DSO is a fact specific inquiry, and the claimant has the burden of proof to show that his or her claim is entitled to priority. See In re Trentadue, 527 B.R. 328, 329 (Bankr. E.D. … Defendant believes “there is essentially no evidence in the record to clearly demonstrate that there was any clear intent that the U.S. Bank, N.A.

Todaro v. WELLS FARGO BANK, N.A.

United States Bankruptcy Court, W.D. Pennsylvania · Jan 5, 2023

The record before the Court clearly establishes that the adversary proceeding was filed late – more than a month beyond the deadline for doing so as set forth in the confirmation order. … When the rights of a party are clearly established by defined principles of law, equity should not change or unsettle those rights. Equity follows the law. First Fed.

BOUDETTE n/k/a OSKERSON v. BOUDETTE

United States Bankruptcy Court, D. Montana · Sep 24, 2021

The moving party bears the burden to establish the absence of any genuine issue of material fact. Wank, 505 B.R. at 886. … Accordingly, it is clearly an obligation “owed to a former spouse” and “in the nature of support.” It is similarly undisputed that Boudette’s child support obligation was “established by an order of the court.”

CIB Marine Capital, LLC v. Herman (In re Herman)

495 B.R. 555 · United States Bankruptcy Court, S.D. Florida. · Aug 6, 2013

Welt, as the duly appointed, authorized, qualified and acting Chapter 7 Trustee (“Trustee Welt”) for the bankruptcy estate of Peter G. … Such a writing clearly establishes the employer’s intention and does not give rise to a contractual bonus right.

Rentas v. Serrano (In re Garcia)

553 B.R. 1 · United States Bankruptcy Court, D. Puerto Rico · May 2, 2016

The administration of the decedent’s estate involves issues of probate law that specialized state court is uniquely qualified to handle. … Clearly, defendants recoupment claim emanates from the same transaction that gave rise .to the debtors’ claim. The automatic stay does not bar such claim.

In re Engen

561 B.R. 523 · United States Bankruptcy Court, D. Kansas · Dec 13, 2016

Judge Posner acknowledged the difficulty of establishing a test for separate classification: We haven’t been able to think of a good test ourselves. … Nonpriority of Student Loans This seems a rather curious factor since if student loan debt were a priority claim, then the Debtors’ Plan would have to provide for payment in full of the debt; clearly § 1322(b)(1) contemplates

Henkel v. Lickman (In Re Lickman)

297 B.R. 162 · United States Bankruptcy Court, M.D. Florida · Jul 25, 2003

“There is no personal immunity for acts that are ‘ultra vires’ or outside the scope of the trustee’s duties.” Id. … The motion states that the “Debtor clearly objected to being left without counsel.”

Strate v. Wishman (In Re Strate)

259 B.R. 711 · United States Bankruptcy Court, D. Montana · Mar 15, 2001

Although the word “proceeds” might suggest “cash”, clearly the Memorandum, Ex. A-2, I, specifically described that a portion of the consideration for the sale of stock would be the transfer of 40 acres to the Sellers. … Unfortunately, no exhibits and testimony establish how Ray and April determined that Terri and Allen each should receive one-quarter interests in the 40 acres.

Redmond v. Hassan (In Re Hassan)

376 B.R. 1 · United States Bankruptcy Court, D. Kansas · Jan 23, 2007

Many courts have held the bankruptcy courts’ lack of authority to conduct a jury trial without the parties’ consent qualifies as “cause” to withdraw the reference, 5 although the matter will often be left with the bankruptcy … See Granfinanciera 492 U.S. at 64[, 109 S.Ct. 2782 ]. 19 Since Count I of the Trustee’s complaint is also under 549, the Circuit’s ruling clearly mandates a conclusion that the count no right to a jury trial.

In re: Orlando Gonzalez Torres and Doris Nilda Rodriguez Baez

United States Bankruptcy Court, D. Puerto Rico · Feb 24, 2020

context, courts have determined that the debtors bear the burden of demonstrating a profit motive 22 in order to establish … To be qualified as an assisted person, the debtor must (1) be 11 a person whose debts consist primarily of consumer debt, and (2) the value of nonexempt 12 property must be less than $204,425.00.

Start Man Furniture LLC

United States Bankruptcy Court, D. Delaware · Mar 21, 2022

COVID-19 is clearly a “disaster.” … COVID-19 also qualifies as a “natural” disaster because human beings were not responsible for starting or consciously spreading the virus.

Start Man Furniture LLC - Adversary Proceeding

United States Bankruptcy Court, D. Delaware · Mar 21, 2022

COVID-19 is clearly a “disaster.” … COVID-19 also qualifies as a “natural” disaster because human beings were not responsible for starting or consciously spreading the virus.