Case law

Hopkins v. United States (Internal Revenue Service) (In Re Hopkins)

131 B.R. 308 · United States Bankruptcy Court, N.D. Texas · Jul 24, 1991

The question considered by the Court was whether state court restitution orders qualified within that language of the statute. … under this section shall be 120 percent of the underpayment rate established under this section.

Angela Yvonne Holyfield

United States Bankruptcy Court, N.D. Georgia · Jun 3, 2019

This establishes that the scope of this stay is not limited to proceedings for a monetary recovery against the debtor. … To recover such, though, the Debtor must “(1) suffer significant emotional distress, (2) clearly establish the significant emotional distress, and (3) demonstrate a causal connection between that significant emotional

Deluxe Building Solutions, LLC

United States Bankruptcy Court, M.D. Pennsylvania · Oct 13, 2023

However, affirmative actions by counsel do not qualify for the ministerial act exception. See In re Dominguez, 312 B.R. 499, 503–04 (Bankr. … lease and the sublease agreement, it is clear that the Alleged Debtor was obligated to pay rent and was not entitled to abatement despite its lack of access to the rented premises during the COVID-19 pandemic, an event clearly

Hauk v. Valdivia

United States Bankruptcy Court, E.D. Michigan · May 22, 2020

This is undisputed, and is clearly established by the evidence presented by Defendant. … This clearly meant that Defendant would be obligated to pay Plaintiff directly to the extent Plaintiff was required to pay any debt assumed by Defendant under the Judgment of Divorce.

In Re Noyes

382 B.R. 561 · United States Bankruptcy Court, D. Massachusetts · Feb 19, 2008

Stated conversely, the issue presented is whether the Debtor has sustained her burden of establishing a defense to Tribeca’s claim, in effect, establishing entitlement to an injunction against the continuation of foreclosure … Although she clearly recalled that a closing occurred and that she signed many documents on the evening of December 22, 2005, she appeared not to remember, or to be completely unaware, that she had experienced financial problems

Trevino v. HSBC Mortgage Services, Inc. (In re Trevino)

533 B.R. 176 · United States Bankruptcy Court, S.D. Texas · Jun 19, 2015

As a mortgage servicing company, HSBC would not qualify as a debt collector if it obtained the note from Crevecor Mortgage, Inc. while it was not in default. … By the use of the word ‘including’ in the statute, Congress clearly indicated that attorney’s fees are to be considered actual damages. See Sternberg v.

John Joseph Tworog

United States Bankruptcy Court, D. Rhode Island · Jan 20, 2023

Rule 60(c)(1) establishes a one-year time limit, mandating that such motions must be brought within one year of the entry of a final judgment or order. … Tworog has failed to establish sufficient cause to reopen his closed 2018 bankruptcy case under 11 U.S.C. § 350(b). IV.

Greeneville Federal Bank, FSB v. First Midwest Equipment Finance Co.

United States Bankruptcy Court, E.D. Tennessee · Mar 31, 2025

The defect in the Parks Affidavit is easily curable, and the documents clearly would be admissible at an evidentiary hearing. … Parks is not competent to testify as the proper foundation for her legal acumen has not been laid to qualify her as an expert on legal matters.” [Doc. 64 at ¶¶ 17, 41-42.]

Kassas v. The State Bar of California

United States Bankruptcy Court, C.D. California · Jun 14, 2021

The Client Security Fund was established “to relieve or mitigate pecuniary losses caused by the dishonest conduct of licensees of the State Bar ….” Cal. Bus. & Prof. Code § 6140.5(a). … “To qualify for reimbursement, an applicant must establish a loss of money or property that was received by an active attorney who was acting as an attorney or in a fiduciary capacity customary to the practice of law ….

AERFI Group Plc v. Barstow (In Re MarkAir, Inc.)

240 B.R. 581 · United States Bankruptcy Court, D. Alaska · Sep 24, 1999

Assumes Mx [ 17 ] reserves apply against redelivery claims, notwithstanding defaults, and that reserves were adequate Clearly GPA is talking about more than post-petition rent, whether paid or unpaid. … The issue was whether several checks paid on October 8, 1980, and November 6,1980, each cashed about five days later, qualified as an ordinary course of business payment under the former § 547(c)(2).

Wiley v. Olson

United States Bankruptcy Court, E.D. Pennsylvania · May 10, 2024

The $84,000 difference is clearly attributable to the Outstanding CMG Payments on McGrath’s books. Notwithstanding Mr. … While that profit clearly does not consist of out-of-pocket payments McGrath made, it is a debt of the Debtor that arises from the money the Debtor obtained from McGrath by fraud. Mr.

Tworog v. Burke

United States Bankruptcy Court, D. Rhode Island · Jan 20, 2023

Rule 60(c)(1) establishes a one-year time limit, mandating that such motions must be brought within one year of the entry of a final judgment or order. … Tworog has failed to establish sufficient cause to reopen his closed 2018 bankruptcy case under 11 U.S.C. § 350(b). IV.

In Re Whalen-Griffin

206 B.R. 277 · United States Bankruptcy Court, D. Massachusetts · Mar 14, 1997

In view of the pre-emptive power of Congress under its constitutional authority to establish uniform bankruptcy laws, the court determined that congressional approval of the use of state exemptions cannot be taken to extend … Approximately a year after the debtor acquired an interest in the condominium, the condominium qualified as a homestead. *283 Florida law excepted judicial liens that predated the time that the property became homestead property

Povah v. Hansbury & Finn, Inc. (In Re Povah)

455 B.R. 328 · United States Bankruptcy Court, D. Massachusetts · Aug 22, 2011

Section 109(e) describes the parameters for a debtor to qualify as a debtor under Chapter 13. … For instance, if voiding or reducing the asserted security interest leaves nonexempt equity available for distribution to unsecured creditors the bankruptcy estate is clearly impacted.

Burtch v. Huston (In Re USDigital, Inc.)

461 B.R. 276 · United States Bankruptcy Court, D. Delaware · Dec 20, 2011

That right allows a court “ ‘to undo or to offset any inequality in the claim position of a creditor that will produce injustice or unfairness to other creditors in terms of the bankruptcy results.’ ” 44 Clearly, the remedy … This Court believes that the Third Circuit — like the Ninth — was seeking to establish a test covering both the statute and the Constitution.

In Re Sw Bach & Co.

425 B.R. 78 · United States Bankruptcy Court, S.D. New York · Mar 10, 2010

Specifically, the court noted that certain findings under Texas state law implied certain facts necessary to establish all the elements of an 11 U.S.C. *101 523(a)(2)(A) claim, and, thus, the "Arbitrators decided the identical … See also n. 3, supra. [9] The CBI Holding court also, however, "express[ed] no judgment on the question of when, if ever, a claim that does not qualify as core under § 157(b)(2)'s express language could be rendered core only

Webb Mtn, LLC v. Executive Realty Partnership (In Re Webb Mtn, LLC)

414 B.R. 308 · United States Bankruptcy Court, E.D. Tennessee · Feb 11, 2009

Clearly, Mr. Whaley has personal knowledge as to whether he personally carried on any such discussions with Mr. … “To establish a violation of substantive due process, a plaintiff must first establish the existence of a constitutionally-protected property or liberty interest.” Silver v.

In Re Oak Park Calabasas Condominium Ass'n

302 B.R. 665 · United States Bankruptcy Court, C.D. California · Oct 23, 2003

The other two provisions clearly relate to health and safety issues: (1) to repair and maintain “where a threat to personal safety on the property is discovered;” (2) to repair and maintain something the board could not reasonably … And although it is possible that the state court judgment obtained by the objecting creditor in that case may have qualified as a non-dischargeable debt under § 523(a)(6), no adversary proceeding was ever filed.

In Re Lion Capital Group

49 B.R. 163 · United States Bankruptcy Court, S.D. New York · Apr 25, 1985

The factors relevant to approval have been established by case authority. … If so, § 8-313(3) would seemingly immunize the lien from subsequent notice of adverse claims.

In re: NFE Global Holdings Limited, et al.

United States Bankruptcy Court, S.D. New York · Jul 14, 2026

Section 1517(b) establishes conditions for recognition of each. … This prong is clearly met.