Case law

In Re Chateaugay Corp.

132 B.R. 818 · United States Bankruptcy Court, S.D. New York · Oct 25, 1991

DERIVATIVE IMMUNITY In the interests of furthering free exercise of discretion by government officials, the Federal Tort Claims Act exempts from its waiver of sovereign immunity [a]ny claim ... based upon the exercise or … The McKay court clearly did not confine the government contractor defense to the military but used the military in this instance to apply the law to the facts at hand.

In Re Walker

345 B.R. 399 · United States Bankruptcy Court, M.D. Florida · Mar 29, 2006

It is well established that the protection granted to a homestead by Article X, Section 4 of the Florida Constitution immunizes such property from all claims of creditors, and from any liens except liens securing tax obligations … Clearly in Quigley , the judgment lien attached to the newly acquired property at the same time the debtor acquired interest in the property.

Meoli v. Huntington National Bank (In Re Teleservices Group, Inc.)

469 B.R. 713 · United States Bankruptcy Court, W.D. Michigan · Mar 30, 2012

What clearly concerned the panel was the prospect of a windfall at some innocent’s expense. … The good news, though, is that Section 550(b)(1) immunizes the vast majority of such banks from this disease.

In re Grier

464 B.R. 839 · United States Bankruptcy Court, N.D. Iowa · Sep 15, 2011

In particular, Debtors argue that the Mof-fett case “clearly and unequivocally established that tax refunds are not known or virtually certain.” Debtor’s Consolidated Brief at page 13. … The Court disagrees with Debtors that Moffett clearly and unequivocally estab *845 lished that tax refunds could never be “known or virtually certain” even to qualify as projected disposable income. As the U.S.

Kemp v. Countrywide Home Loans, Inc. (In Re Kemp)

440 B.R. 624 · United States Bankruptcy Court, D. New Jersey · Nov 16, 2010

From the maker’s standpoint, therefore, it becomes essential to establish that the person who demands payment of a negotiable note, or to whom payment is made, is the duly qualified holder. … Consequently, plaintiffs here, as makers of the notes, may properly press defendant to establish its holder status. 853 F.2d at 168.

In Re Ryan

360 B.R. 50 · United States Bankruptcy Court, W.D. New York · Feb 20, 2007

The circumstances clearly distinguish the present dispute, however, in as much as UCC § 9-334(a) references not mere “building materials,” but “ordinary building materials.” … As personal property that owners can install into a house, a bathtub qualifies as building material. But is it an ordinary building material?

In re Woller

483 B.R. 886 · United States Bankruptcy Court, W.D. Wisconsin · Aug 16, 2012

Bronk (In re Bronk), 444 B.R. 902, 911 (Bankr.W.D.Wis.2011) (“This Court has been reluctant to regard the amount claimed exempt as much more than a footnote, at least as long as the claim falls within the limits established … Here, the question is whether Darrell’s truck qualifies as “equipment.”

Global International Airways Corp. v. Evergreen Air Center, Inc. (In Re Global International Airways Corp.)

80 B.R. 990 · United States Bankruptcy Court, W.D. Missouri · Sep 29, 1987

The evidence clearly demonstrated, however, that a $60,000 check had been delivered within 45 days of the date when the duty to pay arose. Thus the § 547(c)(2) defense clearly applies. … to establish by the clear terms of § 547.

Musso v. New York State Higher Education Services Corp. (In Re Royal Business School, Inc.)

157 B.R. 932 · United States Bankruptcy Court, E.D. New York · Aug 4, 1993

The Key Account was one of several accounts established by NYSHESC which were used to deposit refunds of TAP funds due from other institutions. Defs. Cross-Mot. Summ.J. at 8. 6 . … NYSHESC also argued that it is immune from suit in this adversary proceeding based upon the doctrine of sovereign immunity.

In Re Thurman

255 B.R. 730 · United States Bankruptcy Court, M.D. Tennessee · Nov 28, 2000

Specifically, the trustee contends that the payments to be received by the debtor are not payments established “by the debtor” but are merely proceeds of a divorce settlement. … Clearly, this is not what the legislature intended. As to the debtor’s contention that the parties intended this to be their joint retirement funds, the court is unpersuaded.

In Re Bourguignon

416 B.R. 745 · United States Bankruptcy Court, D. Idaho · Sep 23, 2009

The Internal Revenue Code defines a qualified tuition program as “a program established and maintained by a State or agency or instrumentality thereof or by 1 or more eligible educational institutions.... ” 26 U.S.C. § 529 … Debtors provided no cogent policy argument why Congress would impose a monetary cap on excluded contributions for the period from one year to (almost) two years before bankruptcy, which it clearly did under § 541(b)(6)(C)

Tara D. Wallace

United States Bankruptcy Court, N.D. Ohio · Jan 31, 2024

Accordingly, the Constitution’s Supremacy Clause, and the related doctrines of sovereign immunity, and intergovernmental immunity, all serve to immunize the Federal Government from state laws that directly regulate … Further, the explicit statutory exclusion of “the courts of the United States” from the federal FOIA clearly shows that there has been no waiver of sovereign immunity in this area. U.S. v.

In Re Mravik

399 B.R. 202 · United States Bankruptcy Court, E.D. Wisconsin · Dec 31, 2008

Throughout the act the distinction is clearly made between what the Board and the reserve banks “shall” do and what they “may” do. Farmers’ & Merchants’ Bank v. … Trustee has not met the burden of proof to establish abuse under the totality of the circumstances. IT IS THEREFORE ORDERED: that the U.S.

Hiersche v. Brassard (In Re Brassard)

162 B.R. 375 · United States Bankruptcy Court, D. Maine · Jan 5, 1994

A clearly articulated theory to establish that the discharge should be revoked and/or a clearly articulated theory under any other aspect of pertinent law that would establish that plaintiffs claims survive the defendant’ … Chapter 7 relief promises qualified debtors discharge of most prepetition indebtedness. 11 U.S.C. §§ 523 & 727.

In Re Cassidy

126 B.R. 94 · United States Bankruptcy Court, D. Colorado · Feb 12, 1991

The professional corporation established two pension and profit sharing plans qualified pursuant to 26 U.S.C. § 401 . … Clearly, even those who qualify under the hardship provisions receive preferential tax treatment at the time they deposited funds into a qualified plan.

In Re Krueger

90 B.R. 553 · United States Bankruptcy Court, S.D. Florida. · Aug 15, 1988

The objection seeks to establish that the rights of this creditor are superior to the debtors’ homestead claim. … Semple, 89 So. 638, 639 (Fla.1921), the court stated: “Where it is clearly the manifest intention of the owner to occupy the premises immediately as a home, and this intention is evidenced by specific acts and doings *554

In Re Arlumsa Development Corp.

33 B.R. 981 · United States Bankruptcy Court, S.D. New York · Nov 2, 1983

After an extensive examination of the legislative history, Judge Friendly concluded, “The history thus clearly points to insistence by Congress on a generality of default.” In re B.D. International, 701 F.2d at 1076 . … In determining whether a claim qualifies as a basis for an involuntary, Judge Friendly stated that a claimant must establish that there are grounds for the claim and that no defenses have been asserted in substantive form

Williams v. EFG Tech/Rutgers (In Re Williams)

296 B.R. 128 · United States Bankruptcy Court, D. New Jersey · Jul 25, 2003

Williams no longer qualified for disability benefits. On July 2, 2001, upon motion of Ms. … Williams has the burden of establishing each element of this test by a preponderance of the evidence. See, Faish, at 306; see also, Grogan v.

In Re Vale

204 B.R. 716 · United States Bankruptcy Court, N.D. Indiana · Sep 24, 1996

, does clearly reflect income. … As the Miller court stated: The standards applicable to determining the validity of Treasury regulations are well established.

United States Trustee v. Duncan (In Re Duncan)

201 B.R. 889 · United States Bankruptcy Court, W.D. Pennsylvania · Oct 23, 1996

Nevertheless, such support should not be made at the expense of respondent’s creditors and it cannot qualify, in any event, as an extenuating circumstance in the context of his present bankruptcy ease. … Thus, to grant respondent a Chapter 7 discharge at this time would clearly constitute a substantial abuse of the bankruptcy process.