Case law
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In re Barrington Spring House, LLC
509 B.R. 587 · United States Bankruptcy Court, S.D. Ohio · Apr 11, 2014
Consequently, the Debtors have established proper venue in this bankruptcy court pursuant to 28 U.S.C. § 1408 . … Clearly, the primary witnesses will be the Mawardis and any others who have been involved in the Florida Litigation. This factor strongly favors transferring the case to Florida.
Cited 0 timesPublishedIn re: Wilfredo Enrique Arias Nussa
United States Bankruptcy Court, D. Puerto Rico · Jan 13, 2017
(Docket No. 65). 1 qualifying language of sec. 523(a)(15).” (Docket No. 72, p. 4, ¶14). … The non-debtor ex-spouse may look to the debtor for reimbursement pursuant to any nondischargeable “hold 11 harmless” obligations, but the non-debtor ex-spouse is not immune from pursuit by
Cited 0 timesUnknown139 B.R. 163 · United States Bankruptcy Court, E.D. Virginia · Apr 15, 1992
However, we need not adopt this approach, because we find that the Union’s cause of action is clearly implied within the provisions of § 501(a). Operative Plasterers & Cement Masons Int’l Ass’n v. … We find that, pursuant to the internal rules of the Union as defined in the orientation manual and on the expense reports themselves, an expenditure qualified as an “entertainment” expense only if it involved Union business
Cited 25 timesPublishedUnited States Bankruptcy Court, E.D. Tennessee · Sep 26, 2022
In defendant’s answer to plaintiffs third amended complaint, he admits that the final divorce decree qualifies as a domestic support obligation (“DSO”) under 11 U.S.C. … Section 523(a)(15) clearly applies here if § 523(a)(5) does not (i.e., if the debt is not a “domestic support obligation,”) because the debt alleged in Plaintiff’s complaint clearly is a debt to “a spouse, . . . that
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. Missouri · Mar 29, 2024
Establishing a fee for a Chapter 7 case is an art, not a science. the parties signed it on October 29, 2022. The trustee conducted the meeting of creditors on November 15, 2022. … For these reasons, we conclude that the Pre- and Post-Filing Agreements do not clearly describe the services to be provided by the Firm.
Cited 0 timesUnknown526 B.R. 829 · United States Bankruptcy Court, D. Montana · Feb 24, 2015
The Ninth Circuit did not decide with precision what qualifies as bad faith, but emphasized that the debtor’s conduct must in fact be atypical. Rosson, 545 F.3d at 773 , quoting Marrama v. … The second Leavitt factor clearly reflects a lack of good faith from the history of Weik’s bankruptcy filings and dismissals. The third Leavitt factor is whether the Debtor intended to defeat state court litigation.
Cited 2 timesPublishedUnited States Bankruptcy Court, E.D. Missouri · Mar 29, 2024
Establishing a fee for a Chapter 7 case is an art, not a science. the parties signed it on October 29, 2022. The trustee conducted the meeting of creditors on November 15, 2022. … For these reasons, we conclude that the Pre- and Post-Filing Agreements do not clearly describe the services to be provided by the Firm.
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. Missouri · Mar 29, 2024
Establishing a fee for a Chapter 7 case is an art, not a science. the parties signed it on October 29, 2022. The trustee conducted the meeting of creditors on November 15, 2022. … For these reasons, we conclude that the Pre- and Post-Filing Agreements do not clearly describe the services to be provided by the Firm.
Cited 0 timesUnknownUnited States Bankruptcy Court, C.D. California · Apr 20, 2026
To 19 the contrary, it does the opposite. 20 Plaintiff/Debtor does not clearly explain the basis for her allegation that Mr. … There is no genuine dispute that Defendant reviewed Plaintiff/Debtor’s application for a loan modification on eight different occasions, and 26 determined each time that Plaintiff/Debtor did not qualify.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. Idaho · Aug 3, 2022
Those include analyzing Debtor’s financial situation, determining whether a bankruptcy petition ought to be filed and preparing the petition, all clearly pre-petition services. … But for the same fee, Youngblood also agrees to represent Debtor at the meeting of creditors, which clearly occurs post-petition.
Cited 0 timesUnknownUnited States Bankruptcy Court, D. New Mexico · Mar 27, 2020
Thus, while Debtor’s BHA 13445 membership interest clearly became estate property, the house did not. See, e.g., Fowler v. … ‘“Parties who determine to avail themselves of the right to do business by means of the establishment of a corporate entity must assume the burdens thereof as well as the privileges.’” (Shapoff v.
Cited 0 timesUnknownTurretto v. United States (In Re Turretto)
255 B.R. 884 · United States Bankruptcy Court, N.D. California · Oct 12, 2000
This position lasted for two years, at which time Debtor left to establish a day care center in her home. When that enterprise failed, Debtor was forced to go on public assistance. … Debtor believed she would not otherwise have qualified for this job because of her lack of education and training.
Cited 1 timesPublishedFirst-Citizens Bank & Trust Company v. SVB Financial Group
United States Bankruptcy Court, S.D. New York · Jun 25, 2025
defense did not apply because the States waived sovereign immunity in “proceedings implicating the bankruptcy court’s traditional in rem authority.” … Corp., 143 F.2d 938, 940 (2d Cir. 1944) (“Since the purpose of reorganization clearly is to rehabilitate the business and start it off on a new and to-be-hoped-for more successful career, it should be the objective of
Cited 0 timesUnknownSimonetti Development, LTD. v. Hillard Development Corp. (In Re Hillard Development Corp.)
238 B.R. 857 · United States Bankruptcy Court, S.D. Florida. · Aug 4, 1999
state cause of action that bears the closest substantive resemblance to the federal cause of action”). 26 Although the court agrees with Hillard that a confirmed plan, and the order confirming and incorporating it, *874 qualify … refusal to execute a note in the appropriate amount pursuant to the terms of the Plan should not preclude the Bank from enforcing its pre-petition claim, particularly in light of the specific provision in the Plan which clearly
Cited 4 timesPublishedAffirmative Insurance Holdings, Inc.
United States Bankruptcy Court, D. Delaware · Oct 15, 2019
the date the Chapter 11 case was filed by these Debtors, this income is clearly attributable to pre-petition activities. … of the petition are not taxes incurred by the estate.”55 The court continued that it is the date the taxes are incurred rather than on the date that the taxes are due that determines whether taxes qualify as administrative
Cited 0 timesUnknownUnited States Bankruptcy Court, S.D. Indiana · Sep 8, 2025
The grounds for denial of discharge under § 727(a) must be established by a preponderance of the evidence. Peterson v. … On the 9 Kamaljit acknowledges that Sandhu Trans “was clearly run by [Amanpreet’s] father.” (Brief, p. 18.)
Cited 0 timesUnknownLenox Pines, LLC v. Smith, Jr.
United States Bankruptcy Court, N.D. Georgia · Mar 31, 2021
There is clearly a question of fact as to the Siblings’ knowledge. … “[A]n ordinary business relationship does not qualify as a technical trust. In re Morales, 2013 WL 3335052, at *6 (Bankr. N.D. Ga. June 26, 2013); Hot Shot Kids Inc. v.
Cited 0 timesUnknownRafa Elliott and Cynthia Elliott
United States Bankruptcy Court, D. Idaho · May 4, 2022
The Code also defines “assisted person” as “any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $204,425.5 Youngblood qualifies as a debt relief agency for … While the UST has established a clear and consistent pattern of violations on Youngblood’s part, the Court finds a civil penalty unnecessary as a deterrent.
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. Texas · Aug 11, 2022
(hereafter, the “Original Buyer”) offered the highest and best qualified bid and thereafter emerged as the buyer of the Properties. … Here such intention is clearly manifested. Id. at 1169 (citations omitted, emphasis added).
Cited 0 timesUnknownUnited States Bankruptcy Court, N.D. West Virginia · Jan 13, 2020
Material facts are those necessary to establish the elements of the cause of action. Anderson, 477 U.S. at 248. … By means of this recharacterization, the transaction does not qualify as a “loan of money” or a “forbearance” within the scope of the usury law, W. Va.
Cited 0 timesUnknown
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