ABI's Bankruptcy case opinion summaries website provides summaries of bankruptcy-related opinions issued by U.S. Bankruptcy Courts, District Courts and Circuit Courts of Appeal since 2005. Search more than 11,000 opinion summaries by keyword, relevant code section, court and judge. Opinion summaries are provided by our partner LexisNexis® Collier and are updated weekly.

ABI Membership is required to access full opinion summaries.

Pergament v. Gonzalez (In re Gonzalez)

Ruling: Discharge denied due to debtor’s numerous false statements and omissions.
Issue: Should debtors’ discharge be denied based on numerous false statements and omissions in schedules and statement of financial affairs?
Holdings: [1]-In this Chapter 7 action, the petition for relief contained numerous material and demonstrably false statements and omissions, including: failing to report income from the sale of stocks, the IRA Withdrawals, the Unemployment Compensation, and the Family Gifts on the Statement of Financial...

Lehman Bros. Special Fin. v. Bank of Am. N.A. (In re Lehman Bros. Holdings)

11 U.S.C.
Ruling: Distributions made in connection with the early termination of hundreds of swap transactions were not avoidable.
Issue: Were distributions were made in connection with the early termination of hundreds of swap transactions
Holdings: [1]-Eliminations of a bankruptcy debtor's rights to priority over note-holders upon early termination of swap transactions were unenforceable since the debtor lost the payment priority rights due to a default based solely on the bankruptcy of the debtor's indirect parent and guarantor; [2]-...

In re Spirakis

11 U.S.C.
Ruling: Claim for which elements required for setoff could not be satisfied was not secured.
Issue: Should debtor’s objection to secured portion of creditor’s claim be sustained?
Holdings: [1]- Pursuant to 11 U.S.C.S. § 506 , an allowed claim of a creditor that is subject to setoff under 11 U.S.C.S. § 553 is a secured claim to the extent of the amount subject to setoff. Accordingly, the secured basis for the claimant's claim necessarily depended on the requirements for setoff having...

Kapila v. Gregory E. Matton, P.A. (In re Am. Managed Care, LLC)

Ruling: Transfers to law firm and lawyer within two years of petition date were avoidable.
Issue: Were transfers to law firm and lawyer within two years of petition date avoidable?
Holdings: [1]-By virtue of the Transfers the court described, debtor transferred a total of $89,656.50 to defendants, a law firm and attorney. It was undisputed that the checks making up the Transfers were each made out of a bank account owned by debtor; [2]-The Liquidating Agent established as a matter of...

Jones v. Brand (In re Belmonte)

11 U.S.C.
Ruling: Motion for judgment on pleadings in avoidance proceeding denied.
Issue: Should jury demand be stricken and summary judgment be granted in avoidance proceeding?
Holdings: [1]-Counsel for a bankruptcy debtor were not entitled to a jury trial in a bankruptcy trustee's action to recover an unauthorized postpetition transfer of estate property to counsel since the recovery of estate property was equitable in nature, and counsel's claim of setoff against the estate...

In re Smith

11 U.S.C.
Ruling: Receivership was terminated upon filing of debtor’s case.
Issue: Did § 543 of the Bankruptcy Code eliminate receivership over debtor’s property?
Holdings: [1]- Because a state court appointed receiver never took possession of debtor's marital residence, he had no duty under 11 U.S.C.S. § 543(b) to turn over the property or to provide an accounting; [2]- Commencement of debtor's Chapter 13 case terminated the receivership; [3]-Debtor's interest in the...

In re Phares

Ruling: Postpetition divorce action did not create any new property right in marital assets in which debtor could claim an exemption.
Issue: Could debtor claim exemptions in spouse’s separately titled property following postpetition divorce filing?
Holdings: [1]-Where debtor's non-filing spouse petitioned for divorce after debtor filed her Chapter 7 petition, debtor was not entitled to an exemption in assets separately titled in her spouse's name because debtor's post-petition divorce action had not created any property right in or to marital assets...

Hoewischer v. White (In re White)

Ruling: Claim arising from debtor’s posting of judgment creditor’s nude photos on revenge porn website was nondischargeable as based on willful and malicious injury.
Issue: Was judgment debt based on revenge porn posting of creditor’s photos on the web nondischargeable?
Holdings: [1]-Plaintiff who obtained a default judgment against a Chapter 7 debtor in an Ohio court, on her claim that the debtor invaded her privacy when he posted nude photos she sent him on a "revenge porn" website, was entitled to summary judgment on her claim that the state court's judgment awarding her...

Trust Nat'l Bank v. Jenkins (In re Jenkins)

Ruling: Sale of collateral without creditor’s permission was willful and malicious resulting in nondischargeable debt.
Issue: Was debt nondischargeable due to debtor’s sale of collateral without consent of secured creditor?
Holdings: [1]-A Chapter 7 debtor who owned a landscaping business owed a debt in the amount of $35,765 to a creditor that was nondischargeable under 11 U.S.C.S. § 523(a)(6) because he willfully and maliciously injured the creditor when he sold collateral that secured the debt without the creditor's knowledge...

Bohannan v. Bonano (In re Bonano)

11 U.S.C.
Ruling: Debt to divorce attorney was dischargeable absent showing of false representation or willful and malicious injury.
Issue: Was debt owed to divorce attorney nondischargeable?
Holdings: [1]-A debt to a bankruptcy debtor's attorney in marital dissolution proceedings was not nondischargeable based on false representation since there was no showing that the debtor had no intention of paying the attorney fees when the she agreed to do so, and the debtor did not anticipate the downward...

In re Coy

11 U.S.C.
Ruling: Abstract of judgment and notice of levy were both avoidable judicial liens.
Issue: Whether abstract of judgment and notice of levy arising from the enforcement of a judgment for foreclosure of a homeowners' assessment lien were avoidable?
Holdings: [1]-The Abstract of Judgment included a money judgment component, and the Abstract of Judgment was an involuntary lien that arose from the Judgment. Therefore, under California law, the Abstract of Judgment impaired debtor's exemption; [2]-The Abstract of Judgment was an avoidable judicial lien...

In re Pomeroy

11 U.S.C.
Ruling: Debtor’s retirement plan, including real property, was exempt.
Issue: Should trustee’s objection to the debtor's claim of exemption of an asset described by the debtor as an "ERISA Qualified Retirement Account" be sustained?
Holdings: [1]-Debtor's retirement plan was exempt under Cal. Code Civ. Proc. § 703.140(b)(10)(E).because it was reasonably necessary for the debtor's support based on what his income and expenses were likely to be in retirement and based on what changes were likely to take place between now and then; [2]-The...

In re Medved

11 U.S.C.
Ruling: Debtor could claim homestead exemption in property transferred by daughter just prior to daughter’s earlier bankruptcy filing where trustee in earlier case had not pursued fraudulent transfer claim.
Issue: Could debtor claim exemptions in property transferred to her by daughter just prior to the daughter’s earlier bankruptcy?
Holdings: [1]-A trustee who was appointed to administer a Chapter 7 bankruptcy case that was filed by the daughter of a debtor who declared bankruptcy almost six years after her daughter declared bankruptcy did not show that the debtor was not entitled to claim a homestead exemption under Fla. Const. art. X...

In re Brown

11 U.S.C.
Ruling: Proceeds of personal injury settlement were exempt under state law.
Issue: Was debtor entitled to an exemption in personal injury settlement proceeds?
Holdings: [1]-The entire amount of the settlement proceeds received by debtor were exempt under S.C. Code Ann. § 15-41- 30(A)(12)(b) because the entirety of the unallocated settlement proceeds were paid to debtor as a direct result of his motorcycle accident, and to compensate him for his bodily injuries; [2...

In re Jude

11 U.S.C.
Ruling: Plan ordered amended in accordance with findings regarding value of mobile home or otherwise dismissed.
Issue: Should confirmation be denied due to improper valuation of debtor’s mobile home?
Holdings: [1]-A debtor's Chapter 13 bankruptcy plan had to be amended before it could be confirmed because it valued a mobile home he owned at $18,468 and used that amount to cram down a secured claim a mortgage company held against the home when the evidence showed that the debtor's home was worth $41,100...

Pages

Subscribe to the RSS feed of the most recent bankruptcy case opinion summaries