Case law

Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC

401 B.R. 629 · United States Bankruptcy Court, S.D. New York · Feb 24, 2009

In order to foster its purpose, SIPA establishes procedures for liquidating financially troubled SIPC members 5 and provides claimants who qualify as “Customers” 6 priority over “Customer Property.” 7 New Times Securities … Accordingly, Rosenman clearly qualifies as a BMIS Customer and can share in Customer Property.

In Re Reis

377 B.R. 777 · United States Bankruptcy Court, D. New Hampshire · Sep 18, 2007

What qualifies as a Special Circumstance? … have qualified as a Special Circumstance.

Rumer v. American Educational Services (In Re Rumer)

469 B.R. 553 · United States Bankruptcy Court, M.D. Pennsylvania · Mar 5, 2012

In turn, section 221(d)(1) of title 26 provides as follows: (1) Qualified education loan. … March 2, 2011) ("debtor failed to establish that the debt to Chase is not an obligation to repay funds received as an 'educational benefit' ”). 9 .

Farm Credit Bank of St. Paul v. Halverson (In Re Solberg)

125 B.R. 1010 · United States Bankruptcy Court, D. Minnesota · Apr 11, 1991

Such notice shall contain the minimum amount, if any, required to qualify a bid as acceptable to the institution and any terms and conditions to which such sale or lease will be subject. (2) Priority If two or more qualified … By referring to the several means of public offering under § 2219a(d)(l), § 2219a(d)(2) clearly contemplates that the farmer-borrower may make a matching “qualified bid" in the same manner as the otherwise-highest bid is

Eaves v. Hampel (In Re Hampel)

110 B.R. 88 · United States Bankruptcy Court, M.D. Georgia · Jan 18, 1990

Malice can be established by a finding of implied or constructive malice. Special malice, a specific intent to harm another, need not be proven. … An employer subject to the law who fails to obtain insurance is not, however, immune from suit to collect benefits. Samuel v. Baitcher, 247 Ga. 71 , 274 S.E.2d 327 (1981).

Christopher D Wyman - Adversary Proceeding

United States Bankruptcy Court, E.D. Michigan · Feb 27, 2023

Clerk’s Office, 604 F.3d 257, 269-70 (6th Cir. 2010), does hold that qualified immunity can be waived when raised sua sponte by the trial court. Moreover, Haskell v. … The Trustee believes that he has provided a qualified judicial immunity in the Sixth Circuit Court of Appeals and as such this claim is not well founded.

Eric S Richards and Catherine Elaine Richards

United States Bankruptcy Court, S.D. Indiana · Apr 29, 2020

Sovereign immunity is abrogated as to 5 The pro forma return excluded the taxable income from the sale of farm assets qualifying for §1232 treatment in order to compute the taxes owed. … What is left is a paragraph that clearly prohibits set off as a means for “post- petition payment of any and all claims”.

In Re Starkey

116 B.R. 259 · United States Bankruptcy Court, D. Colorado · Jul 13, 1990

In this area *262 the law has been clearly developed to establish that ERISA is not other applicable nonbankruptcy law for purposes of section 541(c)(2). 1 In re Goff, 706 F.2d 574 (5th Cir.1983); In re Toner, supra; In re … These explicit statements by the Supreme Court, all dicta, arguably establish a view of that Court that the language in ERISA does not merely set up guidelines to qualify pension plans for tax exempt treatment (which was

In Re Devilliers

358 B.R. 849 · United States Bankruptcy Court, E.D. Louisiana · Jan 9, 2007

Section 1325(b)(2) clearly defines “disposable income” based on historical information. … Piazza has also failed to establish the reasonableness and necessity of *868 proposed deductions for contributions to a qualified retirement account.

In re Farnsworth

558 B.R. 375 · United States Bankruptcy Court, D. Idaho · Oct 11, 2016

With its enactment, parents whose income fell below a threshold could claim on their federal tax return a nonrefundable credit against their tax liability of $500 per qualifying child. Id. … At the time of the statute’s enactment, there was nothing in the available legislative history explaining the reasons why Congress established the ACTC.

In Re Chateaugay Corp.

102 B.R. 335 · United States Bankruptcy Court, S.D. New York · Jun 29, 1989

The so-called sale of qualified TBT property is generally made for an amount equal to or approximating the qualified TBT property’s adjusted basis (original cost) at the time the property is put into service. … Frito-Lay maintains, however, that it believes it will be able to establish at trial that it is entitled to an administrative priority status.

Bierbach v. Tabor (In Re Tabor)

433 B.R. 469 · United States Bankruptcy Court, M.D. Pennsylvania · Jul 30, 2010

As the language of 42 Pa.C.S. § 8124(b)(1) clearly states, Pennsylvania exemption statutes are applicable in situations outside of bankruptcy, such as state court proceedings for attachment or execution on a judgement. … In 2005, Congress clarified and expanded the exemption status of certain retirement plans established under provisions of the IRS Code.

Feggins v. LVNV Funding LLC (In re Feggins)

540 B.R. 895 · United States Bankruptcy Court, M.D. Alabama · Nov 20, 2015

In other words, to qualify as preventative the procedures must be proactive, not reactive. The facts here are simple and undisputed. … Quite clearly § 501(a) of the Bankruptcy Code does not immunize creditors from liability when they file an offensive proof of claim. E.g., McLean, 794 F.3d at 1322-23 ; see also FED. R. BANKR. P. 9011(b).

Wilson v. Sergeant (In Re Wilson)

305 B.R. 4 · United States Bankruptcy Court, N.D. Iowa · Jan 27, 2004

Pursuant to the Farm Bill direct payments are made to producers of covered commodities that establish the requisite payment yields and base acres. 7 U.S.C. § 7913 (a). … Base acres and payment yields are established pursuant to 7 U.S.C. §§ 7911 , 7912.

Resolution Trust Corp. v. Shehu (In Re Shehu)

128 B.R. 26 · United States Bankruptcy Court, D. Connecticut · Jun 14, 1991

Bankruptcy Code § 362(a) establishes that a bankruptcy petition operates as a stay of most acts and actions against a debtor. … The Federal Deposit Insurance Act of 1960, 12 U.S.C. § 1823 (e), as amended by FIRREA, provides the RTC with a limited immunity from claims.

Schatzman v. Department of Health & Rehabilitative Services, Florida (In Re King Memorial Hospital, Inc.)

4 B.R. 704 · United States Bankruptcy Court, S.D. Florida. · Jun 24, 1980

The plaintiff is duly qualified and acting in his capacity as Trustee. 2. This is an Adversary Proceeding within the meeting of the Bankruptcy Rule 701(5). 3. … The legislative history of Section 362(b)(4) shows that it was Congress’ intent that an exception to the stay is not to make the action immune from injunction.

Institut Pasteur v. Cambridge Biotech Corp. (In Re Cambridge Biotech Corp.)

186 B.R. 9 · United States Bankruptcy Court, D. Massachusetts · Sep 1, 1995

Yet it has failed to do so, clearly breaching its best efforts obligation. That DP should perhaps pay consideration for the transfer is immaterial. … Here again its argument is the same—that the described method does not establish the presence of AIDS. As discussed, however, the claims are useful in establishing a person does not have AIDS. 3.

786 Enterprises, Inc. v. Millennium Super Stop II, LLC (In re Millennium Super Stop II, LLC)

569 B.R. 331 · United States Bankruptcy Court, W.D. Missouri · Mar 7, 2017

However, this was a lay opinion, with no support and he was not qualified as an expert. … The Court also notes that Debtor’s refusal to perform was clearly in bad faith, a false reason having been given for refusal to close.

In Re McDermott

78 B.R. 646 · United States Bankruptcy Court, N.D. New York · Dec 16, 1985

In review of Code § 109(d), it appears on the face of the statute that Debtors qualify for Chapter 11 relief. … Therefore, Debtors contend they clearly qualify for Chapter 11 relief as their debts are business rather than consumer type obligations.

Ferebee v. Ferebee (In Re Ferebee)

129 B.R. 71 · United States Bankruptcy Court, E.D. Virginia · Mar 28, 1991

It is not necessary that the obligations satisfy technical state law requirements to qualify as actually in the nature of alimony, maintenance, or support. Gianakas v. … Indeed, the debt on the Saab lease is clearly associated with a property allocation.