Case law

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 Allen

135 B.R. 856 · United States Bankruptcy Court, N.D. Iowa · Jan 15, 1992

The only relevant consideration that does not appear to be in dispute is that the CRP contract qualifies as an executory contract. … CCC asserts that the terms of the contract clearly demonstrate that it was for mutual, binding promises under which the mutual obligations arise prepetition and satisfy the tests for setoff under § 553(a).

Michael A. Rios and Janelle R. Rios

United States Bankruptcy Court, E.D. Wisconsin · Mar 3, 2023

“It is firmly established in case law that a ‘federal tax lien attaches to a then existing right to receive property in the future.’” In re Wesche, 193 B.R. 76, 77 (Bankr. M.D. … Section 6322 of the Internal Revenue Code clearly provides that the federal tax liens arose against the Debtors’ property as of the date of the assessments. See 26 U.S.C. § 6322.

In re LMR, LLC

496 B.R. 410 · United States Bankruptcy Court, W.D. Texas · May 24, 2013

She is well qualified and able to run a relatively small, *432 limited service hotel, such as the Baymont Hotel. Ms. … Although AVF contends that the $200,000 cash contribution by the members is illusory, the evidence at the Confirmation Hearing established otherwise.

Mallinckrodt plc

United States Bankruptcy Court, D. Delaware · Apr 19, 2023

The Plan clearly and unequivocally states that: Payments from the Municipal and Tribe Opioid Attorneys’ Fee Fund shall be the exclusive means of payment from the Public Opioid Creditor Trusts14 for costs and … Instead, distributions of NOAT II Abatement Distributions are to be made: solely to (i) States, for further distribution within such State as set forth in the NOAT II TDP, (ii) Qualifying Block Grantees, pursuant to a Statewide

Le Café Creme, Ltd. v. Le Roux (In Re Le Café Creme, Ltd.)

244 B.R. 221 · United States Bankruptcy Court, S.D. New York · Jan 3, 2000

If actual fraud is established, the adequacy of the consideration and the solvency of the transferor is immaterial. Id. … Thus, an inference can be drawn that the Debtor’s fair saleable value was less than $98,000, 18 clearly less than the more than $300,000 in liabilities reflected each year on the Debt- or’s tax returns.

In re Entergy New Orleans, Inc.

353 B.R. 474 · United States Bankruptcy Court, E.D. Louisiana · Oct 13, 2006

The court held that the filing by a representative of a class proof of claim was clearly contemplated by Fed. R.Bankr.P. 7023, 13 which could be made *479 applicable to contested matters by Fed. … There is no need for this court to interfere with the established process of adjudicating ratepayer/utility disputes. B.

In re Mangia Pizza Investments, LP

480 B.R. 669 · United States Bankruptcy Court, W.D. Texas · Jun 14, 2012

Sayers qualified the Debtors’ cash position by explaining that the monthly operating expenses include expenses such as U.S. … Other courts have held that even indirect control may qualify as a prohibited property interest.

In Re Ehrhardt

240 B.R. 1 · United States Bankruptcy Court, W.D. Missouri · Sep 23, 1999

Furthermore, it was undisputed that the debtor would not have qualified for the 5% subsidized rate were he to seek a loan in the market and that the best rate of interest he could have hoped to obtain out in the market was … Accordingly, the Eighth Circuit held that the bankruptcy court had clearly erred in awarding an interest rate that was based, at least in part, on the subsidized rate. Id.

Spradlin v. Monday Coal, LLC (In re Licking River Mining, LLC)

571 B.R. 241 · United States Bankruptcy Court, E.D. Kentucky · Apr 14, 2017

Trustee cites a decision from the Southern District of Texas to argue that “[a] party may also qualify as a non-statutory insider if it has a close relationship with a statutory insider of the debtor—the relationship does … Anderson-Dulin-Varnell Co., 213 Ky. 658 , 281 S.W. 796 (1926), to establish a legal basis for this badge of fraud.

Plys v. Ang (In re Ang)

589 B.R. 165 · United States Bankruptcy Court, S.D. California · Aug 16, 2018

Thus, "when Congress used the term 'personal injury' in § 1328(a)(4) without the qualifier 'bodily,' it must have meant a class of 'personal injury' not limited to 'bodily.' " In re Grossman , 538 B.R. at 41 -42 . … These circumstances point clearly to Defendant's intent to harm Plaintiff.

In Re Hopkins

328 B.R. 575 · United States Bankruptcy Court, D. Utah · Jul 18, 2005

Cederholm is an officer of the Credit Union and is qualified to render an opinion as an owner without reference to any appraisals. 36 The testimony of Mr. … Cederholm, therefore, was sufficient to establish the fair market value of the Model Home. The Court finds the fair market value to be $175,000.

Jarrett Nathan Tapp

United States Bankruptcy Court, N.D. Ohio · Jul 10, 2020

Without exposition, the First Circuit declared “emotional damages qualify as “actual damages” under § 362(h).” Fleet Mortgage Group, Inc. v. Kaneb, 196 F.3d 265, 269 (1st Cir. 1999). … “To recover “actual” damages for emotional distress under § 362(k), a plaintiff must (1) suffer significant emotional distress, (2) clearly establish the significant emotional distress, and (3) demonstrate a causal connection

William Glenn Johns

United States Bankruptcy Court, N.D. Texas · Mar 26, 2024

Aug. 6, 2009) (the IRS issued a letter qualifying that the custodial agreement was proper); Daniels v. … The Trustee’s and Rutans’ objections, both the original objection and the supplemental objection, clearly allege prohibited transactions, and they carry this allegation forward in the pretrial order.

Shirley Foose McClure

United States Bankruptcy Court, C.D. California · Oct 18, 2019

(3) if she can amend her Schedule C at this point in time, can a claim for 15 emotional distress ever qualify as exempt and, if so, under what standard? … Clearly this does not include all future income or assets or the 25 growth of present assets in the future.

In re Motors Liquidation Co.

529 B.R. 510 · United States Bankruptcy Court, S.D. New York · Apr 15, 2015

Those beneficiaries represented by appellant whose interests or whereabouts could not with due diligence be ascertained come clearly within this category. … What is recoverable, in substance, is specific performance of the repair or replacement obligation for otherwise qualifying defects.”). . See Sale Agreement § 2.3(a)(vii).

Boyd v. Sachs (In Re Auto Specialties Manufacturing Co.)

153 B.R. 457 · United States Bankruptcy Court, W.D. Michigan · Jan 28, 1993

Manufacturers was clearly within its rights to require that the Tiscornias be replaced with outside management. … Sachs relied upon the oft-cited letter to the PBGC by Rose touting Sachs’ qualifications (Sachs’ Appendix No. 4) to establish that he was qualified.

Bene v. Educational Credit Management Corp. (In re Bene)

474 B.R. 56 · United States Bankruptcy Court, W.D. New York · Jun 26, 2012

Clearly the Second Circuit did not equate “minimal standard of living” with “poverty.” … (This was established by a contemporaneous affidavit in 1986.) She chose to devote those monies to her parents’ care rather than paying off her student loans, which then totaled approximately $14,500.

George Gordon Strong, III

United States Bankruptcy Court, C.D. California · Jun 28, 2024

Thus, where a particular trial counsel is ‘essential to the presentation’ of the client's cause, we agree with the Eighth Circuit that ‘Fed.R.Evid. 615(3) clearly 26 would allow [trial counsel] to remain present in … Debtor qualified as an “individual with regular income” who could 4 feasibly fund the (paltry) payments under his proposed Plan 5 To qualify for chapter 13 at all, Debtor must be an individual with

Bond v. National Financial Services (In re U.S. Mortgage Corp.)

491 B.R. 642 · United States Bankruptcy Court, D. New Jersey · Apr 23, 2013

In sum, these important protections do not grant complete immunity from every conceivable claim made by Plaintiffs. Id. at 450 . … Here, the applicability of the in pari delicto defense to the § 548(a)(1)(A) claims is not established on the face of the Complaint.