Case law

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 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.

Ziegler v. Ziegler (In Re Charles W. Ziegler)

109 B.R. 172 · United States Bankruptcy Court, W.D. North Carolina · Nov 8, 1989

The conduct of Ziegler in the present case can clearly be compared to that of the debtor in McGovern, especially in light of the lower standard of proof required in the Fourth Circuit. … Ziegler having misled his attorneys as set out heretofore is not entitled to the defense of qualified immunity based upon seeking the advice of his attorneys. See Jones v. Soileau, 448 So.2d 1268, 1272 (La.1984).

United States v. Stelweck (In Re Stelweck)

86 B.R. 833 · United States Bankruptcy Court, E.D. Pennsylvania · Jun 6, 1988

The Plaintiff has also established that the representations were material. … Moreover, if the Plaintiff wished the Defendants to answer its questions, it could have requested a grant of use immunity pursuant to 11 U.S.C. § 344 .

National City Bank of Minneapolis v. Richards (In Re Richards)

43 B.R. 549 · United States Bankruptcy Court, D. Minnesota · Sep 25, 1984

Regarding determination of intent by omission, the Court observes that Rule 4007(c) clearly fixes the time within which dischargeability actions can be brought under Section 523(c). … indicates the intent of the Supreme Court to establish a fixed period in which to bring dischargeability actions under Section 523(c), with the limited exception of cause shown on motion made prior to its expiration.

In Re Davies

27 B.R. 898 · United States Bankruptcy Court, E.D. New York · Mar 3, 1983

DISCUSSION AND CONCLUSIONS The contract between the debtor, Davies, and the creditor, Jamaica, was clearly executory in nature. … Davies immune from any claim for damages resulting from that rejection.

In Re Vickers

408 B.R. 131 · United States Bankruptcy Court, E.D. Tennessee · Jun 2, 2009

But the plans are dissimilar in other respects: Employers establish and contribute to stock bonus, profitsharing, and pension plans or contracts, whereas an individual can establish and contribute to an annuity on terms and … Investments purchased in isolation, outside the context of work-place contributions, may be less likely to qualify as exempt. • What is the return on investment?

Cirilli v. Bronk (In Re Bronk)

444 B.R. 902 · United States Bankruptcy Court, W.D. Wisconsin · Jan 7, 2011

Clearly, debtors who engage in pre-bankruptcy planning need to be scrupulous in dealing with creditors. … Clearly, the annuity was issued less than 24 months before Mr. Bronk claimed it as exempt.

Hudson Valley Water Resources, Inc. v. Boice (In Re Boice)

149 B.R. 40 · United States Bankruptcy Court, S.D. New York · Dec 17, 1992

A statement concerning the ownership of assets clearly qualifies as a statement regarding a debtor’s financial condition. … Second, reckless disregard of the truth is established by a pattern of falsity.

In re Grubb & Ellis Co.

478 B.R. 622 · United States Bankruptcy Court, S.D. New York · Oct 2, 2012

The Debtors also argue that even if the Former Agents could establish that their claims are based on postpetition transactions, the motion must still be denied because they fail to establish that they afforded any benefit … The Former Agents’ arguments cannot withstand the clearly-established case law that holds that commissions received postpetition for deals that were procured prepetition simply cannot be classified as administrative expense

Allen v. Wilson (In Re Wilson)

3 B.R. 439 · United States Bankruptcy Court, W.D. Virginia · Mar 20, 1980

The Agreement establishes two trusts, a wife’s trust and a family trust. Under the wife’s trust, the wife is to receive during her lifetime “all of the net income.” … Once it has been established that the requisite formalities have been complied with, this court must focus its attention on the intent of the settlor when he created the trust at issue.

In Re Knight

370 B.R. 429 · United States Bankruptcy Court, N.D. Georgia · Jun 27, 2007

Nevertheless, the plain language of § 1325(b)(3) incorporates § 707(b)(2)(B) in toto and clearly makes the provision applicable to the determination of disposable income in a chapter 13 case. … Importantly, student loans are excepted from discharge in bankruptcy unless the debtor can establish the extremely high burden of “undue hardship.” 11 U.S.C. § 523 (a)(8).

45 John Lofts, LLC v. Meridian Capital Grp. LLC (In re 45 John Lofts, LLC)

599 B.R. 730 · United States Bankruptcy Court, S.D. New York · Apr 24, 2019

The Court cannot conclude on these facts, construed in a light most favorable to Plaintiff, that the safe harbor affirmative defense has been clearly established. … The Complaint does not establish, for example, that the ownership interests in the Zhu Buy-Out qualify as securities.

Sicherman v. Jelm (In Re Harvard Manufacturing Corp.)

97 B.R. 879 · United States Bankruptcy Court, N.D. Ohio · Feb 9, 1989

Accordingly, the requirement of § 547(b)(3) is established. … This Court has previously determined the propriety of such matters in view of the express waiver of sovereign immunity as provided under § 106(c) of the Bankruptcy Code.

Federman v. Gallagher (In Re Gallagher)

101 B.R. 594 · United States Bankruptcy Court, W.D. Missouri · Jul 14, 1989

Clearly, his interests have monetary value. … Plans B and C clearly are not spendthrift trusts.

In Re Chateaugay Corp.

111 B.R. 67 · United States Bankruptcy Court, S.D. New York · Mar 7, 1990

(Claimants’ Memorandum of Law Establishing Bankruptcy Court’s Lack Of Jurisdiction at 6). … Allowing or disallowing claims is clearly a separate and distinct function from liquidating or estimating that claim.

Carabetta Enterprises, Inc. v. City of Asbury Park (In Re Carabetta Enterprises, Inc.)

162 B.R. 399 · United States Bankruptcy Court, D. Connecticut · Dec 30, 1993

An action brought to restrain interference resulting from proceedings in conflict with reorganization clearly may by its nature be core ... since it will likely affect the administration of the estate. … There is, however, an argument that the City’s actions qualify as an "act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate.”