Case law

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.

In RE McDERMOTT

425 B.R. 848 · United States Bankruptcy Court, M.D. Florida · Mar 31, 2010

McDermott’s paychecks do not qualify as earnings from personal services. Zamora, 187 B.R. at 784. … At hearing, the debtors attempted to establish that Mr. McDer-mott was paid regularly by GLR, supposedly demonstrated by the paychecks Mr.

In Re Jennings

306 B.R. 672 · United States Bankruptcy Court, D. Oregon · Jan 8, 2004

If this distress alone were sufficient to make the obligation one of support, then virtually all claims between former spouses might qualify. This was not Congress’s intent. … . § 507 (a)(7) clearly limits priority to payments which are, in fact, needed for support. The record in this case does not sustain a finding that the claim so qualifies.

McDowell v. Education Credit Management Corp. (In re McDowell)

549 B.R. 744 · United States Bankruptcy Court, D. Idaho · May 3, 2016

Plaintiff testified that these supplements are meant to help her adrenal glands and her auto-immune response.. … Cook clearly went out of his way to advocate for Claimant. Recall, Dr.

Maxwell v. Fairbanks Capital Corp. (In Re Maxwell)

281 B.R. 101 · United States Bankruptcy Court, D. Massachusetts · Jul 16, 2002

In support of its position that it is immunized from liability under the FDCPA, Fairbanks makes the following argument: Defendant has relied on the information in its possession in collecting on the note. … Fairbanks also argues that two instances of failing to respond to a qualified written request do not qualify as a pattern and practice on noncompliance.

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.

In Re GHR Companies, Inc.

41 B.R. 655 · United States Bankruptcy Court, D. Massachusetts · Jul 27, 1984

By way of affidavit, he says his files contain only information gathered or prepared for counsel in anticipation of litigation and, therefore, constitute qualified privileged attorney work-product. … [and] establishes a general policy in favor of the confidentiality of tax returns and the information underlying them.

In Re Borges

440 B.R. 551 · United States Bankruptcy Court, D. New Mexico · Sep 8, 2010

Thus, because Congress clearly expressed exceptions within § 109(h), the Court cannot introduce § 1112(b)(2)(B) as an exception to the mandate of § 109(h)(1). B. … Borges must be dismissed from the joint chapter 11 case because she did not obtain credit counseling prior to the filing of the petition nor did she establish that she qualifies for any of the three exceptions enumerated

Gakinya v. Columbia College (In Re Gakinya)

364 B.R. 366 · United States Bankruptcy Court, W.D. Missouri · Mar 20, 2007

In this case, however, that issue is not stipulated to and must be established in order for § 523(a)(8) to except the loan from discharge. … “Program” has been described as a voluntary, established practice, complete with guidelines specifying eligibility requirements. See, e.g., DePasquale v. Boston Univ.

In Re Village Green Realty Trust

113 B.R. 105 · United States Bankruptcy Court, D. Massachusetts · Apr 30, 1990

Clearly, the early cases establish the beginnings of a framework for the analysis of filings by trusts. … Likewise, the Court clearly recognizes and will not tolerate the unfairness of allowing Mr.

In Re Slezak

63 B.R. 625 · United States Bankruptcy Court, W.D. Kentucky · Aug 6, 1986

The legislative history of this section clearly establishes Congressional intent that the estate be as all-encompassing as the language indicates. The scope of the paragraph is broad. … Section 541 (c)(2). *628 The debtor argues that “applicable non-bankruptcy law” includes the qualified ERISA plans in question and that the plan qualifies as a spendthrift trust under state law.

In Re Fracmaster, Ltd.

237 B.R. 627 · United States Bankruptcy Court, E.D. Texas · Aug 10, 1999

However, the inference which the Respondents seek to draw from this reference is clearly refuted by the literal language utilized by Congress in § 101(23) which clearly allows a proceeding to qualify as a foreign proceeding … or discharge, or (3) effecting a reorganization. *634 Clearly the Canadian Receivership seeks one or more of those enumerated purposes.

In Re Koenig Sporting Goods, Inc.

221 B.R. 737 · United States Bankruptcy Court, N.D. Ohio · Jun 11, 1998

“Current” clearly refers to the postpetition prerejeetion period. … Therefore, the only real support for an allocation interpretation stems from the *740 fact that a performance date interpretation conflicts with the principle of creditor equality and established law governing administrative

Wegmans Food Markets, Inc. v. Scrimpsher (In Re Scrimpsher)

17 B.R. 999 · United States Bankruptcy Court, N.D. New York · Mar 5, 1982

The undisputed facts clearly portray an employment of C.C.B. to send the notices now in issue. … Therefore, both conditions subsequent of § 807(4) are clearly established and the implicit language of the C.C.B. notices as to criminal proceedings does not violate § 807(4) of the Act. 15 U.S.C. § 1692e(4).

In re Newcomb

483 B.R. 554 · United States Bankruptcy Court, M.D. Florida · Dec 4, 2012

However, the court further noted that the presumption afforded by Beal Bank is rebuttable and that one of the ways the presumption can be rebutted is by establishing that one or more of the unities required to establish a … Proof of intent not to create tenancy by entirety property may be established by a prenuptial agreement.

In Re Hartman

115 B.R. 171 · United States Bankruptcy Court, W.D. Arkansas · Jun 1, 1990

In In re Rodriguez, 82 B.R. 74 (Bankr.W.D.Ark.1987), this Court held that, even though an ERISA-qualified plan did not fall within the section 541(c)(2) exception, the anti-alienation provision of the plan could qualify, … The numerous decisions discussing ERISA-qualified plans and traditional spendthrift trusts do not clearly distinguish whether a spendthrift trust is property of the estate but only of nominal value because the anti-alienation

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 .

Matter of Rainbow Forest Apartments

33 B.R. 576 · United States Bankruptcy Court, N.D. Georgia · Sep 16, 1983

To award such damages would clearly be counterproductive to Congress’ scheme to allow for the reorganization and rehabilitation of debtors in distress. … violation to establish that the legislature has acted in an arbitrary and irrational way.

Matter of Crosby

93 B.R. 798 · United States Bankruptcy Court, S.D. Georgia · Nov 23, 1988

Moreover, the statutory duty of the United States Trustee to supervise and monitor the administration of cases in no way suggests that the requirements promulgated by the United States Trustee are immune from scrutiny by … However, he qualifies as an eligible debtor under Chapter 11 as well as Chapter 13. In re Moog, 774 F.2d 1073 (11th Cir., 1985).

In Re Crisp

26 B.R. 274 · United States Bankruptcy Court, W.D. Kentucky · Nov 12, 1982

Where secured creditors are of the opinion that the trustee is individually uniquely qualified to serve as their collection agent, such relationships should be established outside of bankruptcy administration and not under … This omission was clearly set forth in the order of October 12,1982, as the ground for denial of the award of expenses.