Case law
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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 $204,425.4 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, 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 $204,425.4 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 timesUnknownIn Re Briggs Transportation Co.
39 B.R. 343 · United States Bankruptcy Court, D. Minnesota · Mar 30, 1984
Although the courts concede that collective bargaining agreements governed by the NLRA are not immune from rejection, and thus, not unique among executory contracts, the courts nevertheless devised a special standard for … Subsequent decisions have established a two-step analysis for determining whether to permit rejection of a collective bargaining agreement.
Cited 7 timesPublishedUnited States Bankruptcy Court, E.D. Virginia · Apr 23, 2021
If both of these items are present, then the trust at issue is more 2007) establishes a standard for business trusts in the Eastern District of Virginia. … Trustee’s prima facie showing, the burden shifted to the Debtor to establish eligibility as a business trust.
Cited 0 timesUnknownIn re Nicole Gas Production, Ltd.
542 B.R. 204 · United States Bankruptcy Court, S.D. Ohio · Dec 10, 2015
The point the Court was making was that, under the governing law, the Fulson Parties clearly violated the automatic stay and were in contempt when they commenced and continued the 2013 State Court Case. … Finding that Ransier and Vorys "are qualified to act as attorneys ... and that it is in the best interests of the estate that [Ransier] be authorized to retain said law firm, with Frederick L.
Cited 2 timesPublishedUnited 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 $204,425.4 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 timesUnknownHighland Capital Management, L.P.
United States Bankruptcy Court, N.D. Texas · Aug 4, 2021
The Barton doctrine is not an immunity doctrine but—strange as this may sound— has been held to be a jurisdictional provision (in other words, a court will not have subject matter jurisdiction to adjudicate a suit … It is well established that bankruptcy courts have civil (as opposed to criminal) contempt powers.
Cited 0 timesUnknownUnited States Bankruptcy Court, E.D. New York · Apr 10, 2020
Clearly, the amendment to the definition of “small business debtor” does not amount to a taking of property. … The right to sell the Property would generate only an amount of money that reflects the value of the Property as established at a free and fair auction sale.
Cited 0 timesUnknownTri Harbor Holdings Corporation v. Sigmapharm Laboratories, LLC
United States Bankruptcy Court, D. New Jersey · Nov 22, 2022
Evid. 803(6); and (ii) that, so long as the underlying records qualify as business records under Fed. R. … Evid. 803(6), all require further testimony and other evidence to establish.
Cited 0 timesUnknownIn re: Randolph Neil Chapman and Sheryl E. Chapman, Debtors.
United States Bankruptcy Court, C.D. Illinois · Mar 11, 2026
Clearly, the homestead exemption’s purpose, which my colleagues have all thoroughly discussed, cannot dictate §12-906’s interpretation. … The debtor’s right to a homestead there was established under state law on the date his petition was filed.
Cited 0 timesUnknownSilverman v. United Talmudical Academy Torah Vyirah, Inc. (In Re Allou Distributors, Inc.)
446 B.R. 32 · United States Bankruptcy Court, E.D. New York · Mar 18, 2011
Indeed, UTA acknowledges that it “does not rely on these traditional practices to establish immunity ... for those who might use them to engage in misconduct.” … We cannot find that conclusion clearly erroneous. [The debtor’s principal and its counsel] perpetrated a fraud that can only be described as massive.
Cited 20 timesPublishedUnited 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 $204,425.4 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 timesUnknownBrookview Apartments, L.L.C. v. Bronson Family Trust (In re Know Weigh, L.L.C.)
576 B.R. 189 · United States Bankruptcy Court, C.D. California · Aug 31, 2017
This Court is qualified to sort out all of the bankruptcy and non-bankruptcy issues raised by the Complaint and render a ruling that is fair to all parties. … Clearly, it was in the estate’s interests to resolve its involvement in the dispute.” Id.
Cited 1 timesPublishedUnited States Bankruptcy Court, D. Idaho · May 4, 2022
But for the same fee, Youngblood also agrees to represent Debtor at the meeting of creditors, which clearly occurs post- petition. … 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 $204,425.6 Youngblood qualifies as a debt relief agency for
Cited 0 timesUnknownTyron L. Bates and MeaGan Bennett
United States Bankruptcy Court, D. Idaho · May 4, 2022
But for the same fee, Youngblood also agrees to represent Debtors at the meeting of creditors, which clearly occurs post- petition. … 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 $204,425.4 Youngblood qualifies as a debt relief agency for
Cited 0 timesUnknownMcInnis v. Phillips (In re Phillips)
573 B.R. 626 · United States Bankruptcy Court, E.D. North Carolina · Sep 20, 2017
In this case, the Supreme Court concluded that in codifying the judicially developed rule of abandonment within § 554, “Congress also presumably included the established corollary that a trustee could not exercise his abandonment … The court does not have to accept as true Mclnnis’ allegation that the case was in Chapter 11, because the court’s record reflects clearly that Phillips’ bankruptcy petition was filed under Chapter 13, and although Phillips
Cited 4 timesPublishedUnited States Bankruptcy Court, E.D. Texas · Feb 8, 2021
It is widely recognized that “[a] promise to perform acts in the future is not a qualifying misrepresentation merely because the promise subsequently is breached.” Allison v. … Was it otherwise, almost any debt arising out of a failure to complete a contract would be nondischargeable and that is clearly not the way the statute is written or intended.
Cited 0 timesUnknown471 B.R. 225 · United States Bankruptcy Court, D. Alaska · Mar 21, 2012
The Plaintiffs are Entitled to Claim a Lien Under AS SL35.130 Although lien statutes are to be liberally construed, “the determination of who qualifies as a lienholder is strictly construed.” 16 AS 34.35.125 and 34.35.130 … The lien notices, with their detailed appended invoices, and the supporting affidavits filed herein, establish that the plaintiffs have performed the type of work which would entitle them to claim a lien under AS 34.35.130
Cited 1 timesPublishedDe La Fuente v. Wells Fargo Bank, N.A. (In Re De La Fuente)
430 B.R. 764 · United States Bankruptcy Court, S.D. Texas · May 18, 2010
Clearly, that wasn’t correct. But I don’t know why it doesn’t have the amount needed to bring the account up to date. I can’t answer that question for you.” … Because a copy of the January 15 demand letter was clearly in Wells Fargo’s possession, this Court believes Wells Fargo should have been more diligent in checking its records before filing the Original Answer.
Cited 4 timesPublishedM&M Electrical Supply Company, Inc. v. Blais
United States Bankruptcy Court, D. New Hampshire · Sep 30, 2021
plaintiffs did not establish causation. Mr. … On balance, the Flatley contracts did not clearly signify an intention by Mr.
Cited 0 timesUnknown
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