Case law

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 Longhorn 1979-Ii Drilling Program

32 B.R. 923 · United States Bankruptcy Court, W.D. Oklahoma · Sep 13, 1983

It is sufficient to establish, as [petitioner] did here, that there are good grounds for the claim and that no defenses have been asserted in substantiable form. … Lawton is, therefore, clearly distinguishable. As noted earlier there is nothing mysterious about an unadjudicated claim which rests in tort.

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 .

In re Helming

558 B.R. 313 · United States Bankruptcy Court, W.D. Missouri · Sep 27, 2016

The annuity payments in this case do not qualify for exemption under the statute as being on account of age. Payments do not qualify merely because of the annuitant’s age at issuance of the policy. … The case is clearly distinguishable, however, because that holding is based in substantial part upon the fact that the debtor swapped an individual retirement account, a clearly exempt retirement plan asset, for the annuity

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

Jacobs v. Jaeger-Jacobs (In re Jaeger-Jacobs)

490 B.R. 352 · United States Bankruptcy Court, E.D. Wisconsin · Apr 10, 2013

Wells Fargo is a debt for which both parties were clearly personally liable. … In re Hying, 477 B.R. 731, 735 (Bankr.E.D.Wis.2012). *357 The material facts do not clearly establish that the debts are or are not “domestic support obligations” within the meaning of sections 523(a)(5) and 101(14A).

In Re Hoskins

262 B.R. 693 · United States Bankruptcy Court, E.D. Michigan · Apr 20, 2001

If the mortgagee’s claim is supported by at least some value in the debtor’s residence, then the entire claim is immune; If not, then the entire claim is vulnerable. … to qualify for § 1322(b)(2)’s protection.

In Re Bono

70 B.R. 339 · United States Bankruptcy Court, E.D. New York · Feb 10, 1987

The court best qualified to determine why it is dismissing a proceeding is the court doing the dismissing. … Such finding will clearly establish whether section 109(f) is applicable in a subsequent filing, allows all interested parties to know the collateral effect of the dismissal, and minimizes imposing of the automatic stay on

In Re Bresnahan

183 B.R. 506 · United States Bankruptcy Court, S.D. Ohio · Jun 16, 1995

Testimony received at the hearing in this matter clearly established that the $7000 is reasonably necessary for the support of the debtor and his spouse. … , was to protect funds intended primarily for maintenance and support of the debtor’s family, (citation omitted) This legislative intent would be frustrated if exempt funds were automatically deprived of their statutory immunity

Universal Security & Protection Service, Inc. v. Desire Community Housing Corp. (In Re Universal Security & Protection Service, Inc.)

223 B.R. 88 · United States Bankruptcy Court, E.D. Louisiana · Jul 6, 1998

U.S., 14 determined that funds held in the United States Court of Federal Claims retained their character as federal funds and were immune from state attachment proceedings. … Further, although the court was unable to locate any cases involving the HOME program, the HOME program clearly contains extensive and detailed regulations governing the expenditure of federal funds under the program.

In Re Bowling

116 B.R. 659 · United States Bankruptcy Court, S.D. Indiana · Jun 7, 1990

Bowling called her indicating a desire to repay the discharged debt in order to re-establish the Debtors’ credit. McLane said that they could do that. Later, when Mrs. … Fidelity would have loaned the new money if the Debtors qualified for the loan even if they did not pay the old loan. People who have discharged loans in bankruptcy are treated no differently than other customers. 4.

In Re Haraughty

403 B.R. 607 · United States Bankruptcy Court, S.D. Indiana · Apr 1, 2009

Without a statute allowing a creditor to pursue the debtor’s entitlement to such wages, they would be immune from collection.... … From these other examples, the Court concludes that a fund or type of property does not have to be protected in its entirety to qualify as an exemption.

In Re DSC, Ltd.

387 B.R. 174 · United States Bankruptcy Court, E.D. Michigan · Apr 15, 2008

Higgins is comprehensive, and so is quoted here at length: However, the statute’s use of the word “may,” rather than the word “shall,” “clearly contemplates that fees and costs will not be awarded in all cases.” … . 11 The involuntary petition failed for lack of only one more qualifying creditor, since three qualifying creditors were required.

Appling v. Rees (In Re Appling)

186 B.R. 1013 · United States Bankruptcy Court, N.D. Georgia · Mar 1, 1995

presented, he insists, clearly shows that the jury awarded Defendant exactly what she requested, a one-half interest in the Debtor’s printing business. … that she had established a need for support and maintenance.

In Re Munzberg

388 B.R. 529 · United States Bankruptcy Court, D. Vermont · Jun 3, 2008

The court may not infer from that limitation the nature of the proper rule in consumer-goods transactions and may continue to apply established approaches. 13 . … It reasoned that since the choice between dual status and transformation is left to the court's discretion, it may determine "on a case by case basis that certain transaction details are not clearly articulated enough to

Official Committee of Unsecured Creditors of Crystal Medical Products, Inc. v. Houpt (In Re Crystal Medical Products, Inc.)

240 B.R. 290 · United States Bankruptcy Court, N.D. Illinois · Oct 29, 1999

qualifies for protection from avoidance under § 547(c)(1). … Clearly, paying a supplier of products or services used in the everyday business qualifies as the ordinary course of business of the debtor. The issue is less clear, however, when more unusual situations are involved.

119th & Halsted Currency Exchange v. Blake-Ware (In Re Blake-Ware)

155 B.R. 476 · United States Bankruptcy Court, N.D. Illinois · May 11, 1993

Such assertions clearly qualify as statements under § 523(a)(2)(A). … See Harasymiw, 895 F.2d at 1174 (refusal to overturn lower court’s decision based on the plaintiff’s compliance with its establishing lending procedures).

Crownover v. Alabama Gas Corp. (In Re Central Foundry Co.)

62 B.R. 52 · United States Bankruptcy Court, N.D. Alabama · Sep 11, 1985

It is well-established that those expenses incurred to preserve the estate for the benefit of all creditors are compensable as administrative expenses. … , in order to qualify under section 503(b), must involve an actual necessary cost or expense of preserving the estate.

In Re Bayou Group, LLC

431 B.R. 549 · United States Bankruptcy Court, S.D. New York · Apr 5, 2010

Timm, 502 U.S. 410, 418 , 112 S.Ct. 773 , 116 L.Ed.2d 903 (1992) (“Congress must have enacted the Code with a full understanding of this [clearly established] practice.”). … To qualify, the direct benefit must be a substantial net benefit. In re Granite Partners, 213 B.R. at 446 .

In Re Sensor Systems, Inc.

79 B.R. 623 · United States Bankruptcy Court, E.D. Pennsylvania · Nov 25, 1987

The latter is the only person able to qualify as a creditor on the filing date. The original creditor would not be entitled to prove a claim even if he wished to do so because none is owing. … The claims of the Claimants here not only existed, but whatever secured status they had was established, prior to the date of the bankruptcy filing, unlike the claim at issue in Burka .