Case law

Community National Bank & Trust Co. of New York v. Persky (In Re Persky)

78 B.R. 657 · United States Bankruptcy Court, E.D. New York · Sep 2, 1987

Schwartzberg stated that: [ t]he debtor’s novel claim is that even though his tenancy may be subject to execution by his creditors, he nevertheless retains a property interest by his possession which is of value and which qualifies … The true proportion of depressive reactions is undoubtedly higher since many women and men who report no feelings of sadness or depression indicate clearly depressive responses to other questions.

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).

Gertz v. Warner (In re Warner)

570 B.R. 582 · United States Bankruptcy Court, N.D. Ohio · Apr 14, 2017

A Plaintiff movant must establish all essential elements supporting its claim in this fashion; a defendant must establish that any one (or more) essential elements of Plaintiffs claim fails, or establish all elements of one … The effect of this is that although contingent interests are clearly property of the bankruptcy estate pursuant to § 541(a), the contingency of the interest may prevent the bankruptcy trustee from ever utilizing the property

In Re National Ass'n of Professional Martial Artists, Inc.

328 B.R. 853 · United States Bankruptcy Court, M.D. Florida · Jul 12, 2005

It is clear however, that Fitness was never a qualified bidder and never had the funding to meaningfully participate in the bidding process. … This is clearly a nonreimbursable item.

In Re Cutignola

450 B.R. 445 · United States Bankruptcy Court, S.D. New York · May 18, 2011

The plain language of the Bankruptcy Code and Rules clearly indicate that the estate’s right to property acquired post-petition is subject to the debtor’s rights to exemptions. See Bankruptcy Code § 522(b)(a); Fed. R. … For purposes of this subdivision, all trusts, custodial accounts, annuities, insurance contracts, monies, assets or interests established as part of, and all payments from, either any trust or plan, which is qualified as

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 Orso

219 B.R. 402 · United States Bankruptcy Court, M.D. Louisiana · Mar 23, 1998

Clearly, therefore, the Louisiana statutory law does not establish the distinction between an annuity and an annuity that is also an account ■receivable. 2. … contracts would qualify as an annuity and that is clearly not what the McCollam decision requires.”

Lenzycki v. Nicholson (In Re Nicholson)

51 B.R. 198 · United States Bankruptcy Court, M.D. Florida · Feb 6, 1985

After a trial on the merits, the Court found that the Plaintiff failed to meet the burden of proof of establishing a claim under § 523(a)(2)(A) and held that the debt was dischargeable. … In the present proceeding the Debtor contends that the subject debt qualifies as a consumer debt.

In Re Curtis

38 B.R. 364 · United States Bankruptcy Court, N.D. Oklahoma · Oct 28, 1983

To qualify to request relief under this subsection, would-be petitioners must be holders of claims. … This court need not decide exactly what showing will suffice to establish the existence of a claim and qualify a would-be petitioner as “holder of a claim” under § 303(b)(1).

Freedman v. Boone (In Re Boone)

236 B.R. 275 · United States Bankruptcy Court, M.D. Florida · May 25, 1999

While this allegation may form the basis for a false oath in bankruptcy, the claim in Count II, it certainly would not qualify for an actionable concealment based on this record. … The disposition of this claim is not that simple and clearly this record leaves no doubt that the Debtor did in fact fail to disclose multiple items which under the Code he was required to disclose.

Quality Botanical Ingredients, Inc. v. Triarco Industries, Inc. (In Re Quality Botanical Ingredients, Inc.)

249 B.R. 619 · United States Bankruptcy Court, D. New Jersey · Jun 16, 2000

“A statement made in the course of judicial, administrative, or legislative proceedings is absolutely privileged and wholly immune from liability.” Id. … In order to establish a claim for a preference, the debtor must establish that the transfer was: 1. To or for the benefit of a creditor; 2.

In re Carter-Bland

382 B.R. 743 · United States Bankruptcy Court, S.D. Ohio · Feb 20, 2008

domestic relations order (“QDRO”) (as defined in [Internal Revenue] Code Section 414(p)) approved pursuant to procedures established by the Plan Administrator. … Notwithstanding the foregoing, the Plan shall comply with any domestic relations order that, in accordance with procedures established by the Administrator, is determined to be a qualified domestic relations order (as defined

Blackston v. Seterus, Inc. (In re Blackston)

557 B.R. 858 · United States Bankruptcy Court, D. Maryland · Sep 7, 2016

It provides, “If I qualify for and enter into a repayment plan, forbearance plan, and trial period plan, I agree to the establishment of an escrow account and the payment of escrow items if an escrow account never existed … Hendersen-Webb, Inc,, 81 F.Supp.2d 582, 597 (D.Md.1999) (the FCRA provides qualified immunity from state law defamation claims provided that it was not done with malice or willful intent to injure).

March v. Sanders (In Re Sanders)

128 B.R. 963 · United States Bankruptcy Court, W.D. Louisiana · Feb 20, 1991

Those who seek discharge in bankruptcy must make honest disclosure, but sometimes disclosure will reveal that the debtor in other respects does not qualify for a fresh start. … This intent may be established by circumstantial evidence.

McGraw v. Collier (In re Collier)

497 B.R. 877 · United States Bankruptcy Court, E.D. Arkansas · Sep 3, 2013

However, the evidence clearly shows that the LLC knew its own net worth and also knew that it did not qualify as an Accredited Investor. … Clearly, the aim was to mislead the Debtor and his level of employees as long as possible. Apparently, the Debtor himself was deceived.

Armijo v. New Mexico Student Loan Program (In Re Armijo)

13 B.R. 175 · United States Bankruptcy Court, D. New Mexico · Jul 31, 1981

She is a qualified secretary but has no other qualifications for employment in a substantially higher paying job. … The evidence established that the Petitioner has no immediate prospects for substantially higher income, either by seeking other employment or by increased wages.

Goldman Fruit & Produce Co. v. Lombardo Fruit & Produce Co. (In Re Lombardo Fruit & Produce)

106 B.R. 593 · United States Bankruptcy Court, E.D. Missouri · Oct 31, 1989

qualify for coverage under the trust. … ], the Secretary is required to establish, through rule-making, the time by which a transaction must be made, to qualify it for coverage under the trust.

Eisenberg v. Pennsylvania State University (In re Lewis)

574 B.R. 536 · United States Bankruptcy Court, E.D. Pennsylvania · Apr 7, 2017

To avoid a transfer as a fraudulent transfer under either the Bankruptcy Code or PUFTA, the Trustee must establish that Mr. … interest in the Parent Plus loan proceeds, which I expressly do not, the complaints nonetheless fail to state fraudulent transfer claims under both the Bankruptcy Code 16 and PUFTA. 17 The facts alleged in the complaints clearly

In Re Mitchell

132 B.R. 553 · United States Bankruptcy Court, W.D. Texas · Oct 8, 1991

The court ruled that the father’s homestead claim to the southern tract, failed to establish the requisite, present intention to establish homestead when he reacquired the 160-acre tract. … These Debtors’ property is clearly rural in character. Furthermore, the property is also clearly used for some purpose of a home. It provides shelter, recreation, comfort and convenience as well as solitude.

In Re Kaiser Group International, Inc.

289 B.R. 597 · United States Bankruptcy Court, D. Delaware · Feb 7, 2003

by voluntarily filing a claim in bankruptcy court, a State waives its Eleventh Amendment immunity. … Though it has attempted to portray itself as a wholly innocent party, the evidence clearly establishes that CSM itself was a Research Sponsor.