Case law

Property Management & Investments, Inc. v. Johnson, Blakely, Pope, Bokor & Ruppel, P.A. (In re Property Management & Investments, Inc.)

67 B.R. 889 · United States Bankruptcy Court, M.D. Florida · Dec 11, 1986

Rubaii failed to establish an immediate and irreparable harm or injury. Third, because the contempt sought by Mr. … Moreover, in this particular situation it is absurd to urge that counsel for the estate who proceeded and sued a third party in a non-bankruptcy forum, an act which certainly did not require court permission and immunized

United States v. Charnock (In Re Charnock)

97 B.R. 619 · United States Bankruptcy Court, M.D. Florida · Feb 21, 1989

For instance, this record is replete with evidence which clearly establishes that he held himself to the public as “the” man involved in the affairs of Baytown Marina (Plaintiffs Exh. 100c) In the February 4, 1984, issue … Clearly, this transaction was also structured in order to immunize any assets to be acquired by Southshore from the tax lien asserted by the Government against the Debtor.

In re Miller

489 B.R. 74 · United States Bankruptcy Court, E.D. Tennessee · Jan 9, 2013

Because it did not qualify to be a petitioning creditor under 11 U.S.C. § 303 (c), Sevier County Bank was subsequently dismissed as a qualifying petitioning creditor by an Order entered on December 6, 2012. … The Debtor does not dispute that the McGinnises, collectively, are a qualified creditor with a qualifying claim in the amount of $35,000.00; however, the Debtor asserts that Tennessee State Bank and the Housholder Family

Pullman Construction Industries, Inc. v. United States (In Re Pullman Construction Industries, Inc.)

186 B.R. 88 · United States Bankruptcy Court, N.D. Illinois · Aug 30, 1995

N.D.Ill.1993) (Marovich, J.), appeal dismissed, 23 F.3d 1166 (7th Cir.1994), and pursuant to the subsequent enactment of 11 U.S.C. § 106 (effective Oct. 22, 1994), the United States cannot raise the defense of sovereign immunity … With regard to the fifth contested payment of $119,716.00, Pullman clearly designated that the payment was applicable to trust fund liabilities alone.

Connecticut Student Loan Foundation v. Williams (In Re Williams)

9 B.R. 1004 · United States Bankruptcy Court, E.D. Virginia · Apr 1, 1981

The court concluded that although Section 402(d) did repeal Section 1087-3: “[I]t did not ‘so expressly provide’ for immunity from suits filed previously to the date Section 1087-3 was repealed. … Without such a qualifying clause, defendant’s potential liability for full repayment of his student loan obligation has not been ‘extinguished’ by the repeal provision of the new Bankruptcy Act.” Id.

In re Robben

502 B.R. 572 · United States Bankruptcy Court, D. Kansas · Dec 17, 2013

Thus, as it was in Roth, a resolution of this initial issue turns on whether the Trust qualifies as a “spendthrift trust.” … If so, the Debtor s interest in the trust is immune from creditors’ claims as an asset of the estate under § 541(a)(1).

In Re Bicoastal Corp.

136 B.R. 290 · United States Bankruptcy Court, M.D. Florida · Jan 15, 1992

Under a flexibly-priced contract, the profits or losses were to be shared by the Debtor and the Government based on a percentage established by negotiations. … As a result, the white collar employees, formerly employed by the Debtor, became participants in two qualified pension plans, one previously maintained by the Debtor which became frozen, and the other established by the purchasers

In Re Shaker

137 B.R. 930 · United States Bankruptcy Court, W.D. Wisconsin · Jan 15, 1992

Congress established favorable tax status for qualifying plans as an inducement for voluntary compliance with ERISA’s anti-alienability mandate. … Granting creditors in bankruptcy access to a debtor’s ERISA-qualified pension benefits to satisfy their claims would clearly thwart this policy.

Matter of Woods

59 B.R. 221 · United States Bankruptcy Court, W.D. Wisconsin · Mar 31, 1986

It is undisputed that the debtor established the IRA herein and that the debtor is not an “employer” or “self-employed” as required by the statute. … The debtor’s Beloit Corporation plan was thus a qualified exempt plan under WIS.STAT. § 815.18(31). B.

In Re Marsico

2002 BNH 15 · United States Bankruptcy Court, D. New Hampshire · Apr 26, 2002

However, the Bankruptcy Appellate Panel has ruled that while a debtor may have multiple residences, only one such residence may qualify for purposes of establishing venue under 28 U.S.C. § 1408 (1). HSBC Bank USA v. … However, while mere physical presence may qualify as a “residence” for some legal purposes, it does not qualify for determining such things as the proper venue for a bankruptcy proceeding.

In re Nationsrent, Inc.

381 B.R. 83 · United States Bankruptcy Court, D. Delaware · Jan 9, 2008

The Court is further convinced that the Make-Whole Amounts are immune from § 510 subordination. … qualify as Purchase Money Indebtedness. 2.

In Re Wydner

454 B.R. 565 · United States Bankruptcy Court, W.D. New York · Jul 11, 2011

that the plain meaning of Section 522(d)(10) indicated that the exemption of benefits ended once a debtor received the benefits pre-petition and deposited them into a bank account, even if the benefits are segregated and clearly … plan in bankruptcy, by making it clear that ERISA qualified plans are spendthrift trusts.

In Re Cutler Manufacturing Corp.

95 B.R. 230 · United States Bankruptcy Court, M.D. Florida · Jan 19, 1989

These individuals activities, whether under the guise of Reorga-nex or directors or professionals clearly show that they are not disinterested parties. … They cannot now come to this Court upon the same facts and evidence and seek to establish under § 503 rights they could not acquire under § 327.

Tranche 1 (SVP-AMC), Inc. v. Tan (In Re Tan)

350 B.R. 488 · United States Bankruptcy Court, N.D. California · Oct 3, 2006

This contention is clearly inconsistent with the description contained in the Millenium Plan of his role in the Power One Group. 8 . … However, Suatengco is not an attorney and was not qualified as an expert witness in Philippine law. 9 .

In Re Mueller

256 B.R. 445 · United States Bankruptcy Court, D. Maryland · Nov 7, 2000

In that case, the Bankruptcy Appellate Panel of the Ninth Circuit noted that in Patterson the debtor controlled ninety-six percent of the voting stock of the corporation that had established the ERISA qualified plan and, … Retirement Act of 1935 or 1937 applies and which is financed by contributions required under that Act and any plan of an international organization which is exempt from taxation by reason of the International Organizations Immunities

In Re Mattiace Industries, Inc.

76 B.R. 44 · United States Bankruptcy Court, E.D. New York · Jul 31, 1987

The testimony clearly established that the debtor has for many years and continues to maintain a hazardous waste site in violation of State and other environmental regulatory laws. 7. In context, Dr. … Vancantfort’s testimony established the following: a.)

Kepler v. Weis (In Re Weis)

92 B.R. 816 · United States Bankruptcy Court, W.D. Wisconsin · Oct 26, 1988

That condition is clearly present in this case. … The Code grants the debtor this power, albeit in a carefully qualified form. Id. Application of the “diminution of the estate” doctrine threatens to nullify this scheme.

Matter of Washington

172 B.R. 415 · United States Bankruptcy Court, S.D. Georgia · May 13, 1994

Russellville Production Credit Ass'n, 777 F.2d 1544, 1549 (11th Cir.1985) (finding the "established rule" to be that "punitive damages cannot be recovered from the United States or its agencies."); Painter v. … The waiver of immunity in this case, however, is found in the Bankruptcy Code rather than any sort of generic "sue and be sued" provision, and the former Fifth Circuit clearly recognized that Congress could otherwise waive

In Re Daley

459 B.R. 270 · United States Bankruptcy Court, E.D. Tennessee · Oct 11, 2011

Whether the [Merrill Lynch] IRA is qualified under the applicable IRS Code section; b. … On the other side, the Debtor argues that the IRS determination letter was in effect at the time he filed his bankruptcy petition, establishing that the Merrill Lynch IRA was qualified under the Internal Revenue Code, and

Greene v. Ellis (In Re Ellis)

152 B.R. 211 · United States Bankruptcy Court, E.D. Tennessee · Feb 2, 1993

Once again, Greene apparently is contending that because Freddie Mac contracted to buy $1 billion worth of qualifying loans an agency relationship was established. … The evidence clearly established Freddie Mac took the note for value without notice of any defense or claim. Finally, the note must be taken in good faith.