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.

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In re Rexford Props., LLC

Ruling: Creditors investment trust and limited partnership were insiders that could not vote ondebtor’s plan. (Bankr. C.D. Cal.)
Issue: Whether creditors, a trust and partnership were insiders for purposes of voting for a chapter 11 plan?
Holdings: [1]-An investment trust and a limited partnership that filed claims against an LLC's (debtor's) Chapter 11 bankruptcy estate were not allowed under 11 U.S.C.S. § 1129(a)(10) to vote on the debtor's plan because they were "insiders" of the debtor, as that term was defined in 11 U.S.C.S. § 101(31...

In re Gunboat Int'l, Ltd.

11 U.S.C.
Ruling: Sale order set aside on collateral attack due to inadequate notice and failure to clearly resolveissues of rights and liabilities. (Bankr. E.D.N.C.)
Issue: Should sale order be set aside on reconsideration?
Holdings: [1]-Because a sale order was attacked collaterally rather than on appeal, 11 U.S.C.S. § 363(m) was inapplicable; [2]-Notice regarding sale of certain assets provided to the licensees was inadequate under the circumstances and constituted surprise under Fed. R. Civ. P. 60(b)(1); [3]-Assurance that a...

In re Circuit City Stores, Inc.

Ruling: Bankruptcy court had jurisdiction to block foreign subpeona of liquidating trust related toproceeding in which the trust was not a party. (Bankr. E.D. Va.)
Issue: Should liquidation trust’s motion for protection from a foreign subpoena issued in connection with an action in which the liquidating trust was not a party be granted?
Holdings: [1]-Where the liquidating trust sought protection from a foreign subpoena issued at the behest of two companies in connection with an action in which the liquidating trust was not a party, the court had core jurisdiction under 28 U.S.C.S. § 157(b)(2)(A) , (L) , and (O) because the liquidating...

In re Bruce

Ruling: Confirmation denied due to failure to provide for priority claim for child support arrears.(Bankr. W.D. Va.)
Issue: Could debtor’s chapter 13 plan be confirmed over creditor’s objection to treatment of child support arrearage?
Holdings: [1]-Debtor's objection to former wife's claim of $30,600 was sustained because the wife failed to meet her burden to overcome the evidence plain on the face of the settlement agreement that the $30,600 lump sum payment on the home equity line was not a domestic support obligation under 11 U.S.C.S...

In re Hite

Ruling: Debtors could exclude Medicare waiver benefits debtors received to care for severely disabledson from current monthly income and did not need to be included in chapter 13 plan. (Bankr.W.D. Va.)
Issue: Should confirmation be denied on the grounds that the debtors have not allocated all of their disposable income towards payments to unsecured creditors?
Holdings: [1]-Medicaid waiver benefits a husband and wife ("debtors") received from an LLC that was a Virginia- and Medicaid-approved organization, to defray expenses they incurred to care for their severely disabled 22-year-old son in their home, were excluded from their "current monthly income" under 11 U...

Camelback Constr. v. Castellino Villas, A.K.F. LLC (In re Castellino Villas, A.K.F. LLC)

Ruling: Creditor’s claim for attorney fees that arose before the petition date properly denied. (9th Cir.)
Issue: Whether the bankruptcy court erred as a matter of law by holding that attorneys' fees incurred during litigation after the confirmation of a Chapter 11 bankruptcy plan were discharged by that bankruptcy?
Holdings: [1]-The bankruptcy court properly denied a motion for post-discharge attorneys' fees arising from state court litigation filed by the creditor against the debtor because attorneys' fees incurred by the creditor during litigation after confirmation of the debtor's Chapter 11 bankruptcy plan were...
Court:  9th Circuit

In re Colon

11 U.S.C.
Ruling: Involuntary case dismissed where petition was joined by only two out of fifteen creditors.(Bankr. D.P.R.)
Issue: Whether involuntary case filed by bank and its affiliate should be dismissed because at the time the petition was filed the debtor had more than twelve creditors?
Holdings: [1]-An involuntary Chapter 11 bankruptcy petition which a bank and an affiliated business filed against an individual debtor had to be dismissed under 11 U.S.C.S. § 303(b) because the debtor had fifteen creditors when the petition was filed but only two creditors joined the petition; [2]-Although...

In re Faison

11 U.S.C.
Ruling: Confirmation of debtor’s third plan denied due to lack of feasibility and good faith. (Bankr. E.D.N.C.)
Issue: Could debtor’s third amended plan be confirmed?
Holdings: [1]-In this Chapter 11 action, the Third Plan was not feasible due to the lack of sufficient reliable evidence to support the debtor's projections, which, together with the many self-serving aspects of the Third Plan and the shifting of the risk of development to the secured creditor, also...

Fox v. Nowlin (In re Nowlin)

Ruling: Trustee had status of bona fide purchaser of property absent any indication of other interest.(Bankr. C.D. Cal.)
Issue: Did the trustee have status as a bona fide purchaser for value so as to be able to conduct its sale?
Holdings: [1]-Trustee had the status of a bona fide purchaser of certain property under 11 U.S.C.S. § 544(a)(3) and California law because the trustee had no notice (inquiry, constructive, or actual) of any interest in the property other than the debtors', as all facts available to the trustee led her to the...

In re Enloe

11 U.S.C.
Ruling: Creditors not entitled to attorneys’ fees incurred in successfully opposing debtor’s homesteadexemption. (Bankr. S.D. Tex.)
Issue: Were creditors entitled to an award of fees and expenses for making a substantial contribution in debtor’s case?
Holdings: [1]-Creditors were not entitled to an award of attorney fees, even though the creditors made a substantial contribution to the bankruptcy estate by successfully challenging a homestead exemption claimed by the bankruptcy debtor, since fee-shifting provisions of 11 U.S.C.S. § 503(b) did not apply to...

Citimortgage, Inc. v. Garnier (In re Garnier)

11 U.S.C.
Ruling: Mortgage creditor’s attempts to collect postpetition taxes and insurance did not violate theautomatic stay. (Bankr. M.D. Pa.)
Issue: Could debtors be compelled to repay postpetition taxes and insurance that the mortgagee had paid under the terms of its note and mortgage with the debtors and that the debtors be compelled to pay all property taxes as they become due?
Holdings: [1]-A mortgage creditor violated the automatic bankruptcy stay by seeking repayment of real property taxes and insurance incurred by bankruptcy debtors prior to filing their bankruptcy petition since the obligations were discharged in a prior bankruptcy of the debtors, but the stay did not protect...

In re Flour City Bagels, LLC

11 U.S.C.
Ruling: Sale of assets free and clear could not be approved due to debtor’s failure to exercise soundbusiness judgment in selecting bid. (Bankr. W.D.N.Y.)
Issue: Could debtor bagel franchisee sell substantially all of its assets, free and clear of all liens or interests, to its sole managing member, the prevailing bidder at auction?
Holdings: [1]-Chapter 11 debtor was not entitled to court approval to sell substantially all of its assets, free and clear of all liens or interests under 11 U.S.C.S. § 363(b) because the debtor failed to carry its burden to prove by a preponderance of evidence that it exercised sound business judgment in...

In re Kuceris

Ruling: Objection to homestead exemption sustained where debtor did not occupy property asprimary residence on petition date. (Bankr. D. Mass.)
Issue: Should homestead exemption be denied in property in which neither of the debtors resided or intended to reside at the time they filed their bankruptcy petition?
Holdings: [1]-Trustee's objection to Chapter 7 debtors' claim of homestead exemption in property under 11 U.S.C.S. § 522(b)(3) and Mass. Gen. Laws ch. 188, § 4 was sustained because neither debtor resided or intended to reside in the property at the time they filed their Chapter 13 petition, and eligibility...

In re Sinclair

Ruling: Discharge denied due to debtor’s indictment for “indecency with a child.” (Bankr. S.D. Tex.)
Issue: Could debtor who had been indicted for “indecency with a child” receive a discharge?
Holdings: [1]-Where Chapter 13 debtor was indicted for a second degree felony of "Indecency with a Child Sexual Contact," a violation of Tex. Penal Code Ann. § 21.11(a)(1), the misconduct was of a type described in 11 U.S.C.S. § 522(q)(1)(B)(iv) because physical injury is presumed with respect to statutory...

In re Carrero

11 U.S.C.
Ruling: Case converted to chapter 7 due to inaccurate or misrepresented information in schedules.(Bankr. D.P.R.)
Issue: Should case be converted to chapter 7 due to debtor’s lack of good faith, undisclosed assets, substantial or continuing loss to or diminution of the estate coupled with the absence of the likelihood of rehabilitation; and gross mismanagement of th
Holdings: [1]-The information contained in debtor's schedules was inaccurate or misrepresented. "Cause" existed for relief under 11 U.S.C.S. § 1112(b)(1) , predicated on the court's finding that debtor acted either intentionally or recklessly in violation of his financial disclosure obligations as a chapter...


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