Case law

Seay v. United States (In re Seay)

369 B.R. 423 · United States Bankruptcy Court, E.D. Arkansas · May 16, 2007

Finally, no litigation or administrative costs may be awarded under § 7430 for those fees and costs incurred before a “qualified offer” is made (this limitation is discussed more thoroughly herein) if the United States establishes … The affidavits alone do not establish that there is a shortage of qualified tax attorneys to handle the tax issues, or a shortage of qualified bankruptcy attorneys to handle the bankruptcy issues; the affidavits do show that

In Re Sweitzer

332 B.R. 614 · United States Bankruptcy Court, C.D. California · Oct 13, 2005

Debtor argues that he qualifies for the larger exemption found at Cal. Civ. … A twelve month period is clearly the appropriate measure for determining a Cal. Civ.

In re Murchek

479 B.R. 521 · United States Bankruptcy Court, N.D. Iowa · Jul 17, 2012

Rev. 2004) (stating that Courts should follow the literal language of the statute unless there are “changes which can be clearly foreseen.”); 3 W. … However, they are not able to immunize themselves from paying over future refunds by voluntarily changing the withholding. The language Debtor’s counsel has proposed allows the exceptional case to swallow the rule.

Walsh v. Commonwealth of Pennsylvania, State Employment Retirement Board (In re Tykla)

353 B.R. 437 · United States Bankruptcy Court, W.D. Pennsylvania · Oct 30, 2006

plan established for Commonwealth officers and employees”. … A law will not be struck down “unless it clearly, palpably and plainly violates the Constitution”. Pennsylvania Liquor Board v. Spa Athletic Club, 506 Pa. 364, 370 , 485 A.2d 732, 735 (1984).

In Re Apex Oil Co.

101 B.R. 92 · United States Bankruptcy Court, E.D. Missouri · May 31, 1989

Moreover, the documents in question were not produced in reliance on their confidentiality. *100 Rather, they were produced in exchange for a promise of criminal immunity. … Clearly, it would delay the progression of the Apex reorganization. To facilitate the Examiner’s efforts then, the Debtors and Third Parties established the procedures outlined in the Agreed Order.

In Re Madia

294 B.R. 177 · United States Bankruptcy Court, M.D. Florida · Feb 14, 2003

According to the copy of the 457 Plan, it is clear and it is without dispute that this is not a plan established pursuant to any provisions of ERISA, Keogh, or any other qualified profit sharing plan, but was administered … The 457 Plan clearly is not an ERISA qualified plan nor is it a qualified plan under any of the other sections of the IRC, *180 even if one assumes that the Debtors’ right to payment under the deferred compensation plan involved

Precision Steel Manufacturing Co. v. Vinales (In Re Vinales)

268 B.R. 749 · United States Bankruptcy Court, W.D. Virginia · Oct 26, 2001

Illinois state law, similar to Va.Code § 59.1-69, requires that any assumed name be clearly disclosed. 805 ILCS 5/4.15(b)(2). … Accordingly, “a decision to refuse to recognize this immunity constitutes an extraordinary exception to be permitted only when it becomes necessary to promote justice.”

Pickett v. Quinn (In Re Pickett)

321 B.R. 663 · United States Bankruptcy Court, D. Vermont · Jan 25, 2005

The language of § 362(b)(1) clearly and explicitly excepts the applicability of the automatic stay to the “commencement or continuation of a criminal action or proceeding against the debtor.” 11 U.S.C. § 362 (b)(1). … The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $5.00, if it is established that the defendant has the ability to pay.

Swinney v. Academic Financial Services (In Re Swinney)

266 B.R. 800 · United States Bankruptcy Court, N.D. Ohio · Sep 19, 2001

In this regard, the Creditor referred to the evidence in this case which clearly shows that the Debtor has, in the past, made payments on her student loan obligations while at the same time maintaining relatively steady employment … In fact to the contrary, it was clearly shown that the Debtor’s mental difficulties do not rise to the level to enable the Debtor to qualify for Social Security Disability benefits.

DiBraccio v. Ferretti (In Re Ferretti)

230 B.R. 883 · United States Bankruptcy Court, S.D. Florida. · Jan 29, 1999

This interpretation would allow debtors to immunize certain property merely because the Chapter 13 trustee failed to file a timely objection following the original § 341 meeting. … the time limit for objections expires, claim the same exemptions after converting to Chapter 7, thereby protecting certain assets even if the law clearly would otherwise prohibit such claims.

In Re Caucus Distributors, Inc.

83 B.R. 921 · United States Bankruptcy Court, E.D. Virginia · Mar 8, 1988

There is no genuine issue as to a material fact with respect to this issue. 8 Although the government has established that it qualifies as a creditor under § 303, the Court also must determine whether the government may in … See 67 B.R. at 861 (each of the movant's allegations is clearly and thoroughly documented).

In Re Weibel, Inc.

161 B.R. 479 · United States Bankruptcy Court, N.D. California · Dec 1, 1993

reason to believe that it would not qualify for employment. … As in Grabill, the Court concludes that the claimant has failed to establish that this is an appropriate ease.

Hatfield v. Thompson (In re Thompson)

585 B.R. 890 · United States Bankruptcy Court, W.D. Oklahoma · Dec 21, 2017

Thompson believed Swisher was more qualified and experienced to run a nursing home than he was. Thompson testimony. 25. … Neither we nor the Ohio courts hold that such immunity exists. Carter-Jones Lumber Co. , 237 F.3d at 749 . Similarly, Lowen v.

In Re Sandra Takeshorse

177 B.R. 99 · United States Bankruptcy Court, D. Montana · Oct 26, 1994

Upon review of the application, 2 this Court concludes this Debtor does not qualify for the In Forma Pauperis (IFP) waiver of the filing fee by virtue of the payment by the Debtor of a $450 retainer to Debtor’s attorney for … I conclude that where the Debtor is able to pay an attorney $450 for legal services in connection with a bankruptcy case, the Debtor can clearly afford to pay the $160 filing fee required under 28 U.S.C. § 1930 .

Hughes-Bechtol, Inc. v. State (In Re Hughes-Bechtol, Inc.)

141 B.R. 946 · United States Bankruptcy Court, S.D. Ohio · Jun 30, 1992

Hughes-Bechtol, 124 B.R. at 1015-18 (filing of proofs of claim waive sovereign immunity of State and its agencies). C. … In the Court of Claims, the State has waived its immunity and has consented to have its liability determined. O.R.C. § 2743.02.

In Re Swift

124 B.R. 475 · United States Bankruptcy Court, W.D. Texas · Jan 15, 1991

, and that the IRA is not qualified for exemption because it was “rolled over” from a non-qualified Keogh plan. … The Keogh plan was clearly the debtor’s property.

Miller v. The United States of America

United States Bankruptcy Court, D. Utah · Mar 31, 2020

Cir. 2004) (“If a statute is susceptible to a plausible reading under which sovereign immunity is not waived, the statute fails to establish an unambiguous waiver and sovereign immunity therefore remains intact.” … The statute contains no exceptions, qualifiers, or carve-outs in its language, “indicating a clear legislative intent to be as broad as possible in abrogating sovereign immunity in the bankruptcy context.”63 Of particular

In Re Carpenter

79 B.R. 316 · United States Bankruptcy Court, S.D. Ohio · Oct 1, 1987

Carpenter clearly show that the debtors continue to own the farm commodities they produced in which CCC has taken a security interest to secure the repayment of funds advanced as loans. … That liability must be established or unchallenged before a claim becomes a debt.

In Re Chicago South Shore & South Bend Railroad

101 B.R. 10 · United States Bankruptcy Court, N.D. Illinois · Jun 16, 1989

It is the court’s opinion that they clearly had such interests while representing the CM & W. … This court is not inclined to measure a degree of disinterestedness or interestedness to see whether it is sufficient to qualify or disqualify.

In Re Finelli Jewelry Co., Inc.

79 B.R. 521 · United States Bankruptcy Court, D. Rhode Island · Nov 19, 1987

The debtor’s failure to pay pre-petition rent, and the sworn schedules listing $180,342.44 in unsecured debt clearly establish the debtor’s insolvency. … The value given in a contemporaneous exchange must approximate the worth of the asset transferred, to qualify as an exception to the preference provisions.