, The issue presented is whether a law firm denied appointment as a professional under § 327(a) may recover compensation under § 503(b)(1)(A) for services it rendered prior to and during the time that its application for employment was pending and after the application was disallowed.
, Debtors Karl and Nancy Gregory (the Debtors) appeal from the decision of the bankruptcy court sustaining the Chapter 7 trustee's objection to the claim of exemption for a Colt pistol as a tool of the trade. The practice weapon is not a means by which the Debtor's business is carried on.
Stat. Ann., Besides the Wyoming homestead statutes, the bankruptcy court supported its ruling that separately deeded tracts could not form a single homestead only with a citation to its own prior decision, In re Welty, 217 B.R., Regardless of his intent, the exemption fails under Wyoming law.
446, 142 L. Ed. 2d 400 (1998), affirming the district court's holding that the DOT waived its sovereign immunity under § 106(b), established the law of the case.
2258, 110 L. Ed. 2d 46 (1990); First Nat'l Bank v. Phalen, 62 F.2d 21 (7th Cir.1932); The Transfer was Not Earmarked for the Bank, Even if the earmarking doctrine extends to non-codebtor cases, the bankruptcy court must be affirmed because the elements of earmarking have not been met in this case.
Without attempting to contact anyone else, and in violation of the written escrow instructions, Cherry first deposited the Big Sky check into Avis Archibald's trust account, and then issued a check to Debtor in the amount of $396, 000.00 drawn on the Avis Archibald trust account. Summit Fin.
Wheeler v. John Deere Co., 862 F.2d 1404, 1408 (10th Cir.1988) (internal quotation omitted). This evidence was probative as to Davis's state of mind when he issued the NSF check and promised to wire funds to Groetken because of his purported reliance on a credit arrangement with Cache Valley Bank.
State law is an important factor in determining when a trust relationship exists., V. Conclusion, For the reasons set forth above, the bankruptcy court's holding that the Debtor's Support Obligations, Premium Obligations, and Trust Fund Transfer Obligation is nondischargeable is AFFIRMED.
, United States Bankruptcy Appellate Panel of the Tenth Circuit. People of State of New York v. Irving Trust Co., 288 U.S. 329, 53 S. Ct. 2139, 109 L. Ed. 2d 580 (1990) (recognizing that bankruptcy courts, as courts of equity, have broad authority to modify creditor-debtor relationships.
The Bankruptcy Court entered Judgment in favor of Norwest, ruling that the restrictions on the transfer of the capital retains were invalid and consequently, Norwest had a valid and perfected security interest in the Debtors' capital retains. Stat. Ann. Therefore, DFA is an account debtor.
Modified Plan Finally, the bankruptcy court left for trial whether disgorgement was appropriate, stating that Raft was required to show an administrative deficiency and that the Disgorgement Targets received more than their pro rata share of available estate funds. 447, 121 L. Ed. 2d 313 (1992);
, Carlos A. Lopez and Sharon K. Lopez (Plaintiffs) appeal an order of the United States Bankruptcy Court for the District of Kansas dismissing their complaint to determine the dischargeability of a debt sua sponte and a journal entry denying two motions for reconsideration of the dismissal order.
, Debtor Riaz A. Shahid appeals two orders of the bankruptcy court: one order *42 determining him liable for attorney's fees in an action to deny his discharge under § 727 of the Bankruptcy Code[1];
