Case law

In re Corrline International, LLC

516 B.R. 106 · United States Bankruptcy Court, S.D. Texas · Aug 21, 2014

These labels clearly indicate a loan from Tagos to CorrLine. … Qualified Creditor Analysis a.

Carrington Gardens Associates v. United States (In Re Carrington Gardens Associates)

248 B.R. 752 · United States Bankruptcy Court, E.D. Virginia · May 5, 2000

Carrington therefore attributes its failure to complete the construction contract as amended to the “clearly erroneous cost estimates associated with the completion of the job.” … Issues of sovereign immunity and immunity waiver pertain to the Court’s subject matter jurisdiction.

Matter of Gouker

116 B.R. 1005 · United States Bankruptcy Court, S.D. Iowa · May 29, 1990

But see Swanson, 79 B.R. at 425 (the fact that the trust was not immune from child support or alimony orders was held to be inconsistent with Minnesota spendthrift trust law). … That conclusion clearly rested on the specific facts of the case.

In re Roberts

570 B.R. 532 · United States Bankruptcy Court, S.D. Mississippi · May 1, 2017

The Court did find, however, that a Chapter 7 trustee clearly has the authority to require a turnover of the settlement funds. … The eause of action was clearly property of the Debtor’s bankruptcy estate.

In re Stone

504 B.R. 908 · United States Bankruptcy Court, C.D. Illinois · Jan 22, 2014

In order to qualify for the “tools of the trade” exemption under 735 ILCS 5/12 — 1001(d), a debtor must be engaged in a trade. … Nor can an attorney’s willingness to bear the burden of reproach provide blanket immunity to a debtor; it is well settled that reliance upon advice of counsel is, in this context, no defense where it should have been evident

Greg Restaurant Equipment & Supplies, Inc. v. Tour Train Partnership (In Re Tour Train Partnership)

15 B.R. 401 · United States Bankruptcy Court, D. Vermont · Oct 21, 1981

As a stranger to this proceeding it does not qualify as a party in interest which may request the lifting of the automatic stay under § 362 of the Bankruptcy Code. … There are established prior liens against the property of Otter Valley. These are entitled to satisfaction before any payment is made to Greg.

Yousuf v. Samantar (In re Samantar)

537 B.R. 250 · United States Bankruptcy Court, E.D. Virginia · Sep 22, 2015

The Defendant initially defended the action on the ground that he was entitled to immunity under the Foreign Sovereign *253 Immunities Act (“FSIA”). 28 U.S.C. § 1604 . … Id., at p. 28. • The three elements of command responsibility were clearly met.

In Re Roth

289 B.R. 161 · United States Bankruptcy Court, D. Kansas · Feb 10, 2003

Thus, a resolution of the initial issue before the Court turns on whether the Trust qualifies as a “spendthrift trust.” … If so, the Debtor’s interest in the trust is immune from creditors’ claims as an asset of the estate under § 541(a)(1).

In Re Idaho Agriquipment, Inc.

54 B.R. 114 · United States Bankruptcy Court, D. Idaho · Nov 6, 1985

The IRS contends that service was improper; that the action is barred by sovereign immunity; that relief is barred by the Anti-Injunction Act, 26 U.S.C. § 7421 (a); and that Clark has failed to state a claim upon which relief … Service was clearly improper; nevertheless, I will address the issue raised in the pleading. Section 362, Title 11, U.S.Code, stays actions against the debtor, not officers or shareholders of the debtor.

In Re Shuman

68 B.R. 290 · United States Bankruptcy Court, D. Nevada · Dec 19, 1986

To establish the Plans as spendthrift trusts, the debtor must show that the plans were established by a separate entity for the benefit of the debtor, that the debtor cannot alienate his interest in the trust res, and that … Therefore, the Plans do not qualify for exemption under section 522.

In Re Teligent, Inc.

303 B.R. 728 · United States Bankruptcy Court, S.D. New York · Jan 8, 2004

There is nothing extraordinary about a party to an assumed executory contract becoming immune to a preference action to recover what otherwise have been required to be paid as a cure payment. … Clearly, both CIGNA and those covered under the CIGNA Contract have relied on the Assumption Order and continued enforceability of the CIGNA Contract.

In Re Allied Mechanical Services, Inc.

38 B.R. 959 · United States Bankruptcy Court, N.D. Georgia · Apr 26, 1984

.”); In the Matter of IDH Realty, Inc., 16 B.R. 55, 58 (Bkrtcy.E.D.N.Y.1981) (“IDH position is further supported by the fact that even if the argument for enforcement of the zoning statutes could be stretched to qualify as … Clearly, the Citation and Notice issued by the Secretary did nothing more than fix the amount of the penalty for Allied Mechanical’s violation of the Occupational Safety and Health Act of 1970.

Federal Deposit Insurance Corp. v. Bombard (In Re Bombard)

59 B.R. 952 · United States Bankruptcy Court, D. Massachusetts · May 1, 1986

Clearly, he knew what a note was and its effect, not only from his personal borrowings but from his involvement in the purchase and appraisal of cars. … The Debtor testified about his participation in the scheme to circumvent the Bank’s lending limitations only after receiving immunity from prosecution pursuant to an order of United States District Court Judge Frank H.

In Re Stanger

385 B.R. 758 · United States Bankruptcy Court, D. Idaho · Apr 8, 2008

Her establishment of, and contributions to, the HSA are not conditions of her employment. Each year, Ms. … Aside from these distinctive features, this account functions much like other HSAs established under the applicable federal tax laws, 26 U.S.C. § 223 .

Pickus v. Vitagliano (In Re Pickus)

8 B.R. 114 · United States Bankruptcy Court, D. Connecticut · Dec 31, 1980

The legislative history clearly indicates that the Bankruptcy Reform Act codifies a rejection of the rule in Lockwood v. … The record further establishes that the plaintiffs never became entirely paid up with respect to arrearages owed.

Tom Lange Co. v. Lombardo Fruit & Produce Co. (In Re Lombardo Fruit & Produce Co.)

107 B.R. 654 · United States Bankruptcy Court, E.D. Missouri · Nov 9, 1989

*660 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.

In Re Freeman

387 B.R. 871 · United States Bankruptcy Court, M.D. Florida · Apr 30, 2008

Property that qualifies as TBE property today may not qualify for the protected status tomorrow. … Stat. § 222.25 (4) provides up to $4,000 of exempt property, clearly sufficient to protect the refund. TBE property is wholly exempt pursuant to Florida law, regardless of the amount. 7 .

In Re Gardner

118 B.R. 860 · United States Bankruptcy Court, M.D. Florida · Aug 3, 1990

[Arizona statute exempting ERISA-qualified pension plans from execu *864 tion preempted by ERISA]; In re Brown, 95 B.R. 216 (Bkrtcy.N.D.Okla.1989) [Oklahoma statute exempting ERISA-qualified pension plans preempted by ERISA … This Court is unpersuaded by the argument enunciated in cases such as In re Martinez, which are clearly in the minority.

Haywood v. Illinois (In Re Haywood)

62 B.R. 482 · United States Bankruptcy Court, N.D. Illinois · Jun 20, 1986

The foregoing clearly establishes that the debtor was required to file amended State income tax returns after the adjustment to his federal income tax returns became final. … Clearly they were not fulfilled by the State, nor could they be. The State’s work papers cannot possibly constitute a filing under applicable State law.

In Re Baker

307 B.R. 860 · United States Bankruptcy Court, N.D. Texas · Sep 18, 2003

At the hearing, FNB argued that Baker’s usage (or lack of usage) of the 161.5-acre tract fails to qualify such tract as homestead. … In re Kennard, 970 F.2d 1455, 1458 (5th Cir.1992) (“raising crops and grazing livestock ... clearly establishes that the land was used for homestead purposes ... ”); PaineWebber, Inc. v.