Case law

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.)

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 Canvas Specialty, Inc.

261 B.R. 12 · United States Bankruptcy Court, C.D. California · Mar 28, 2001

The sole qualification that Leclere gives, to establish that he is an expert qualified to testify under Rule 702, is that he is an architect. … Architecture is clearly an area of expertise.

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.

West v. Freedom Medical, Inc. (In re Apex Long Term Acute Care—Katy, L.P.)

465 B.R. 452 · United States Bankruptcy Court, S.D. Texas · Dec 28, 2011

The cause of action for preferential transfers is established by the Bankruptcy Code. … Thus, clearly, under 11 U.S.C. § 502 (h), the recipient of a preference who is forced to surrender a preference to a bankruptcy trustee has the right to file a claim against the debtor’s bankruptcy estate.”)

Johnston v. Commodity Credit Corp. (In re Johnston)

151 B.R. 367 · United States Bankruptcy Court, N.D. Mississippi · Jun 26, 1992

In adopting the Bankruptcy Code, Congress provided a limited waiver of immunity in § 106 which reads as follows: (a) A government unit is deemed to have waived sovereign immunity with respect to any claim against such governmental … That reading would bar the present suit, since the *373 right to recover a post-petition transfer under § 550 is clearly a “claim” (defined in § 101(4)(A)) and is “property of the estate” (defined in § 541(a)(3)).

Taunt v. General Retirement System (In Re Wilcox)

225 B.R. 151 · United States Bankruptcy Court, E.D. Michigan · Jan 21, 1998

The Annuity Plan The City of Detroit Charter, that established and governs the Plan, describes the Plan as follows: Sec. 1. Annuity Savings Fund. … Therefore, although the word “trust” does not appear in the language of the Plan itself, this Court concludes that the funds contributed to the same are clearly held in an express trust.

In re Alsofari

588 B.R. 58 · United States Bankruptcy Court, E.D. Arkansas · Dec 14, 2017

The facts in the Haugen case, however, clearly demonstrate a level of participation that far exceeds that by Mr. Ahmed. … pay the claim in his plan, were sufficient to establish an informal proof of claim.

In re Acarregui

572 B.R. 247 · United States Bankruptcy Court, D. Idaho · May 31, 2017

program, to qualify for an exemption. … Idaho 2009). . 26 U.S.C. § 529 establishes the guidelines by which qualified tuition programs may qualify for favorable federal tax treatment.

Connecticut Mutual Life Insurance v. S Farms One, Inc. (In Re S Farms One, Inc.)

73 B.R. 103 · United States Bankruptcy Court, D. Colorado · Apr 30, 1987

There is no established history of income and no capital available to establish ongoing farming operations. … The rule established in the Ripley case, supra, is applicable here. The Debtor in this case does not qualify to enjoy the benefits of Chapter 12 of the Bankruptcy Code.

Matter of OPM Leasing Services, Inc.

13 B.R. 54 · United States Bankruptcy Court, S.D. New York · Jun 10, 1981

A qualified trustee (the “Trustee”) was so appointed on March 27, 1981. … Neither the bankruptcy laws nor the attorney-client privilege was intended to cloak corporate officials of a debtor with immunity from possible wrongdoing.

In re: Alrose Allegria LLC; Dagny Enterprises, LLC, et al. v. Kenneth P. Silverman, et al.

United States Bankruptcy Court, S.D. New York · Sep 10, 2026

QUALIFIED IMMUNITY AND BUSINESS JUDGMENT .............................................................. 17 II. … The qualified immunity defense therefore has no application to those claims.

Richardson v. PNC Mortgage (In re Richardson)

538 B.R. 594 · United States Bankruptcy Court, M.D. Alabama · Sep 18, 2015

However, it is well established that a party’s intention to waive a right is to be established from the external acts manifesting the waiver. … PNC is clearly a loan servicer as defined by § 2605(f)(2) and the Richard-sons sent a qualified written request consistent with § 2605(e)(1)(B) relating to the servicing of the Note.

Alrose Allegria LLC

United States Bankruptcy Court, S.D. New York · Sep 10, 2026

QUALIFIED IMMUNITY AND BUSINESS JUDGMENT .............................................................. 17 II. … The qualified immunity defense therefore has no application to those claims.

Berkebile v. Ocwen Loan Servicing, LLC (In Re Berkebile)

444 B.R. 326 · United States Bankruptcy Court, W.D. Pennsylvania · Feb 17, 2011

Sovereign Immunity Finally, the IRS contends that the analysis by the District Court in In re Johnson is incomplete as the District Court failed to consider limitations on its jurisdiction based on sovereign immunity. … Such waiver was clearly explained, for example, by the United States District Court for the District of New Jersey: [A] tension exists between the Anti-Injunction Act and the Bankruptcy Code.

D'Orio v. Town of East Haddam (In re D'Orio)

56 B.R. 263 · United States Bankruptcy Court, D. Connecticut · Dec 6, 1985

A suit against a municipality is not a suit against a sovereign; the doctrine of sovereign immunity does not apply, and municipalities are not immune from suit. Murphy v. Ives, 151 Conn. 259, 264 , 196 A.2d 596 (1963). … Section 7-101a was passed fourteen years later than § 7-465, but the two statutes are clearly in pari materia.

In Re Affiliated Food Stores, Inc. Group Benefit Trust

134 B.R. 215 · United States Bankruptcy Court, N.D. Texas · Dec 8, 1991

Group Benefit Trust (the “Trust”) was established by Affiliated Food Stores, Inc. … Based on their "immunity” from state insurance requirements, multiple employer trusts could avoid state capitalization requirements, underwriting standards, and reserve requirements.

In Re Leva

96 B.R. 723 · United States Bankruptcy Court, W.D. Texas · Feb 19, 1989

Fernandez clearly mandates that: (1) not all jewelry qualifies under the clothing exemption; (2) to qualify as clothing, the jewelry must be “worn by the owner”; (3) “it would be inappropriate to claim an exemption for jewelry … The hand-held recorder clearly does not qualify. The mobile phone may be a telephone, but its very portability suggests it was designed to accompany the debtor, not the house in which the debtor lives.

In Re Jones

289 B.R. 188 · United States Bankruptcy Court, M.D. Florida · Oct 10, 2002

It is well established that the automatic stay does not prohibit recoupment, as distinguished from setoff. … It should be noted, at the outset, that the action of the State Patrol is clearly a re-coupment and not a set-off.

Houghton v. United States (In Re Szwyd)

444 B.R. 10 · United States Bankruptcy Court, D. Massachusetts · Feb 15, 2011

The District Court similarly rejected the IRS’s arguments founded in sovereign immunity and the Anti-Injunc *15 tion Act. Id. at 551-53 . … Mot. to Dismiss Marshaling Claim (Raising Sovereign Immunity) 2-6, April 21, 2008, ECFNo. 48. 9 .