Case law

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.

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 McCarthy

553 B.R. 459 · United States Bankruptcy Court, D. Massachusetts · Jul 11, 2016

The party seeking to establish that its debt is excepted from discharge bears the burden of proof by a preponderance of the evidence. Grogan v. … Since the statute uses the disjunctive, a tax penalty that does not qualify for discharge under one of the two aforementioned circumstances may still qualify under the other. 1.

In Re Anastasios

72 B.R. 908 · United States Bankruptcy Court, W.D. North Carolina · Apr 29, 1987

A debtor qualified for relief under Title 11 may, in fact, not be eligible for relief under a specific chapter. … Filing of a case under Title 11 establishes jurisdiction in this Court in accordance with 28 U.S.C. §§ 1334 and 157.

Matter of Anzalone

122 B.R. 730 · United States Bankruptcy Court, D. Nebraska · Oct 31, 1990

According to Section 219, an individual who does not participate in qualified pension and profit-sharing programs is permitted to deduct amounts paid into IRA’s in determining taxable income. … An IRA is clearly a plan or contract which is established by an individual.

In Re Valdez

335 B.R. 801 · United States Bankruptcy Court, S.D. Florida. · Dec 13, 2005

Under 11 U.S.C. § 109 (h)(3), Mirielys Valdez does not qualify as a debtor as she has not fulfilled the budget and credit counseling requirement necessary to become a debtor and she is not, by her own admission, entitled … Thus, the Court views the criteria established by 11 U.S.C. § 109 as jurisdictional.

In Re Anselmi

52 B.R. 479 · United States Bankruptcy Court, D. Wyoming · Jun 5, 1985

The words of purchase 5 in each conveyance clearly establish a tenancy by the entirety in the real property. Moreover, in the absence of a timely objection, the claimed exemptions must be allowed. … Wyoming law establishes minimum requirements for the creation of tenancies by the entirety in personal property.

In Re Ford

3 B.R. 559 · United States Bankruptcy Court, D. Maryland · Apr 15, 1980

The court finds no basis to establish any Congressional intent to make any distinction between the word “exempt” and the word “immune” and places no special significance on the use of the words “exempt from process” instead … of “immune from process” in § 522(b)(2)(B).

Erricola v. Gaudette (In Re Gaudette)

1999 BNH 21 · United States Bankruptcy Court, D. New Hampshire · Jun 11, 1999

On or about November 22, 1988, Office & Financial Service (“OFS”) was established as a New Hampshire corporation. 22. During 1989, OFS established the OFS Pension Plan and Trust (“OFSPPT”). 23. … However, it is worth noting that the Supreme Court clearly differentiated between the hired and the hiring party — a “conventional master-servant relationship.”

In re Build Baytown I, LLC v. The City of Baytown

United States Bankruptcy Court, E.D. Tennessee · Mar 17, 2026

In opposition, BBI argues that the City wrongly focused on waiver of sovereign immunity rather than its applicability and that Texas law has clearly established that immunity does not apply to cities acting in a proprietary … immunity.

Liscinski v. Mosley (In Re Mosley)

42 B.R. 181 · United States Bankruptcy Court, D. New Jersey · Aug 14, 1984

The SOCAL Plans are qualified plans under section 401(a) of the Internal Revenue Code ( 26 U.S.C. … In the following paragraph, however, the Court clearly indicated its awareness that, regardless of the terms of a trust instrument, creditors may execute against income from a trust in excess of $18 per week: “The public

Wallace v. McFarland (In re) McFarland

500 B.R. 279 · United States Bankruptcy Court, S.D. Georgia · Sep 30, 2013

Clearly putting money aside for retirement is to be encouraged, and there is no question of Debtor’s good faith in purchasing the Annuity. … Allowing an annuity contract established by a debtor to be exempt without some requirements that it be similar to other qualified retirement plans would provide debtors with a means of shielding assets from creditors prebankruptcy

Christopher D Wyman - Adversary Proceeding

United States Bankruptcy Court, E.D. Michigan · Dec 28, 2022

Clerk’s Office, 604 F.3d 257, 269-70 (6th Cir. 2010), does hold that qualified immunity can be waived when raised sua sponte by the trial court. Moreover, Haskell v. … The Trustee believes that he has provided a qualified judicial immunity in the Sixth Circuit Court of Appeals and as such this claim is not well founded.

In Re Tomasevic

275 B.R. 103 · United States Bankruptcy Court, M.D. Florida · Oct 25, 2001

In this ease, the debtor has clearly established sufficient cause to object to Wil-shire’s claim post-confirmation under all of these factors. … The debtor must first establish that his letters written to Wilshire in October 2000 and January 2001 are qualified written requests.

Homaidan v. SLM Corp. (In re Homaidan)

596 B.R. 86 · United States Bankruptcy Court, E.D. New York · Jan 31, 2019

qualified expenses." … Mar. 2, 2011) (concluding that "[g]iven the breadth afforded to the phrase 'educational benefit,' these facts clearly establish that the Chase loans were used to provide Debtor an educational benefit").

In Re Board of Directors of Multicanal S.A.

307 B.R. 384 · United States Bankruptcy Court, S.D. New York · Mar 12, 2004

In its reply brief obliquely, and at oral argument clearly, ARC conceded that a foreign bankruptcy proceeding could possibly impair a bondholder’s rights under the TIA — but only in the event the foreign proceeding were identical … Petitioner disputes ARC’s characterization of the APE and contends that the TIA does not establish a touchstone for the qualification of foreign law under § 304.

In Re Wallert

332 B.R. 884 · United States Bankruptcy Court, D. Minnesota · Nov 17, 2005

However, the Debtor has not established that she was unable to obtain the pre-petition briefing and counseling services “during the 5-day period” beginning with November 2, 2005, the date on which she made her requests. * … As Congress clearly contemplated, within that week one would either lay the eligibility issue to rest by snagging the counseling agency’s certificate, or would qualify for the temporary exemption and, in tandem, lay the groundwork

Tabor v. Employee Benefits Committee (In Re Cress)

121 B.R. 1006 · United States Bankruptcy Court, S.D. Indiana · Nov 15, 1990

The Plan was first established in 1956 and restated effective January 1, 1990. … ERISA qualified plans are not on its illustrative list of property interests that qualify for exemptions.

Herbert v. Davies (In re Davies)

494 B.R. 453 · United States Bankruptcy Court, C.D. California · May 31, 2013

The Arbitrator then turned to what the evidence had established. … Thus, while the Award clearly found that Mrs. Davies was aware that the funds came from the partnership, it did not clearly find that she was aware of the converted nature of these funds.