Case law

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.”

Chase Manhattan Bank, N.A. v. Ford (In Re Ford)

186 B.R. 312 · United States Bankruptcy Court, N.D. Georgia · Aug 29, 1995

In practice, the creditor bears the burden of establishing non-dischargeability under section 523(a)(2)(A). Hunter, 780 F.2d at 1579 . … As such, under the Roddenberry standard, his debt to Chase does not qualify as non-dischargeable due to “false pretenses” or “false representations”. Roddenberry, 701 F.2d at 932-33 .

Official Committee of Unsecured Creditors v. Roman Catholic Archbishop of Baltimore

United States Bankruptcy Court, D. Maryland · Oct 30, 2025

Each of these theories presents a mixed question of law and fact,10 though the Debtor argues that its status as a religious organization alone qualifies it for charitable immunity. 8 As explained herein, the Court finds … And again, the establishment of a trust is just one component of charitable immunity. For a thoughtful review of the charitable immunity defense generally, including its history, purpose, and limitations, see 2 AM. L.

In Re Western Asbestos Co.

313 B.R. 832 · United States Bankruptcy Court, N.D. California · Oct 31, 2003

It concluded that the committee and its counsel had limited immunity from such claims. … The Court agrees provided the Plan Proponents establish that such an injunction is necessary to the effectiveness of the Plan. 33 This has not yet been established to the Court’s satisfaction.

In RE McKAIN

455 B.R. 674 · United States Bankruptcy Court, E.D. Tennessee · Jul 22, 2011

Therefore, we construe the statutory language to establish a rebut-table presumption that each spouse owns one-half the joint deposit. … The use of the mandatory “shall” suggests that entirety language is sufficient in and of itself to create a tenancy by the entirety, assuming the other unities are present, without any other qualifiers such as a prohibition

Capitol BC Restaurants, LLC v. Commissioner (In re Capitol BC Restaurants, LLC)

568 B.R. 574 · United States Bankruptcy Court, D. Massachusetts · Jun 12, 2017

Whitehouse, 199 F.3d 26, 30 (1st Cir. 1999) (“The burden of establishing standing rests with the party who invokes federal jurisdiction”); id. at 33 (“[T]he plaintiff must adduce facts sufficient to establish both fitness … Accordingly, the Debtor has the burden of establishing that this Court has subject matter jurisdiction.

Rezin v. Barr (In Re Barr)

194 B.R. 1009 · United States Bankruptcy Court, N.D. Illinois · Apr 3, 1996

Most significant, the evidence did not establish the assertion that Mr. … of the false impression created by Bozzano that he was qualified to build the house and was doing so competently.”

Hyman v. Stone Lumber Co. (Winter Haven Truss Co.)

154 B.R. 592 · United States Bankruptcy Court, M.D. Florida · Mar 15, 1993

being fully advised in the premises, this Court is of the opinion that the insolvency of Debtor during the 90 days immediately preceding November 6, 1990, the date of the filing of Debtor’s bankruptcy petition, has been clearly … established, and the Court so finds and holds.

Kennedy v. Kennedy (In Re Kennedy)

442 B.R. 399 · United States Bankruptcy Court, W.D. Pennsylvania · Sep 15, 2010

. § 101 (14A). 2 In other words, Section 523(a)(15) expands upon the Section 523(a)(5) exception by also eliminating “divorce-related” obligations from discharge even if they do not qualify as “domestic support” obligations … A review of that definition shows that four, separate elements must be established for a debt to be considered a domestic support obligation.

In Re Sheeran

369 B.R. 910 · United States Bankruptcy Court, E.D. Virginia · Jun 13, 2007

M.D.N.C.2005) (quoting Black’s Law Dictionary 1180 (8th ed.2004)). 7 “[Longstanding Virginia precedent establishes that exemption statutes are to be construed liberally.” Tignor v. … First Virginia Bank, 698 F.2d 688 , 691 (4th Cir.1983) (holding that funds drawn from an ERISA-qualified plan are not “forever immune from attachment by creditors”), Johnston v.

In Re DSC, Ltd.

325 B.R. 741 · United States Bankruptcy Court, E.D. Michigan · Jun 24, 2005

As required by the Court, the Order establishing the February 28 deadline was served by counsel for Crown and RTR on all creditors, including O’Brien & Gere, by mail on February 18, 2005. … The Court clearly has such authority, under the Bankruptcy Code and applicable rules. 6 Cf. Efron v.

In Re Dunn

215 B.R. 121 · United States Bankruptcy Court, E.D. Michigan · Nov 12, 1997

Dunn participates in two separate plans' established by the GRS. … Most courts have held that an anti-alienation clause which is sufficient to qualify under I.R.C. § 401(a) does not operate to exclude the plan from the bankruptcy estate unless the plan is also “ERISA qualified” or qualifies

In Re Hall

395 B.R. 722 · United States Bankruptcy Court, D. Kansas · Oct 17, 2008

The statute clearly provides that the residence does not have to be occupied by both the owner and the owner’s family to qualify under the Kansas homestead exemption by stating that the residence must be occupied “by the … Odell is clearly distinguishable from this case, however.

In Re Real Pro Financial Services, Inc.

120 B.R. 216 · United States Bankruptcy Court, M.D. Florida · Oct 10, 1990

The parameters of a Chapter 11 Plan are established by 11 U.S.C. § 1141 (a) providing that a plan is effective only against: ‘the debtor, any entity issuing securities under the plan, any entity acquiring property under the … Moreover, “a due-on-sale clause is not something so sacrosanct that it is immune from modification in a bankruptcy setting.” In re Coastal Equities, Inc., 33 B.R. 898 (Bankr.S.D.Cal.1983).

In Re Zott

225 B.R. 160 · United States Bankruptcy Court, E.D. Michigan · Feb 6, 1998

In addition, unlike the statutory provision in Meehan (and at issue), the Act clearly provides for a restriction on alienation that is enforceable upon both creditors and debtors: (a) The money mentioned by this sub-chapter … In fact, the Michigan statute is clearly distinguishable from the New Jersey statute in that the specific purpose of Mich.Comp.Laws Ann. § 600.6023(l)(k) is to allow a debtor to exempt his IRA when the debtor elects the state

Morgan v. Musgrove (In Re Musgrove)

187 B.R. 808 · United States Bankruptcy Court, N.D. Georgia · Oct 18, 1995

The moving party must identify those evidentiary materials listed in Rule 56(c) that establish the absence of a genuine issue of material fact. Celotex Corp. v. … In the instant case, ERISA clearly sets out a series of fiduciary duties related to benefit plan administration.

In Re Crabtree

39 B.R. 702 · United States Bankruptcy Court, E.D. Tennessee · Mar 14, 1984

His surrender of property on February 11, 1984, establishes this fact. Clearly, the debtor’s conduct is contemptuous with respect to the statutory duty, created by Code § 521(3), to turn over property of the estate. … It does not lie in their [respondents] mouths to say that they have immunity from civil contempt because the plan or scheme which they adopted was not specifically enjoined.

Countrywide Home Loans, Inc. v. St. Louis (In Re Apponline.com, Inc.)

290 B.R. 1 · United States Bankruptcy Court, E.D. New York · Feb 24, 2003

In order to qualify as a holder in due course, RMST must establish by a preponderance of the evidence that it is: i) a holder; ii) of a negotiable instrument; iii) who took it for value; iv) in good faith; and *9 v) without … Based on RMST’s ability to establish the foregoing criteria, the Court concludes that the St. Louis Note is a negotiable instrument. Hi) Value.

In Re Van Nostrand

183 B.R. 82 · United States Bankruptcy Court, D. New Jersey · Jun 15, 1995

The Constitution gives Congress the authority to establish “uniform Laws on the subject of Bankruptcies throughout the United States.” The United States Constitution, Article I, Section 8 cl. 4. … Choice of Exemptions Pursuant to § 522, the debtor may select either the federal or the state exemptions and debtor has clearly chosen the federal exemptions.