Recent Opinions

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 almost 20,000 opinion summaries by keyword, relevant code section, court and judge. Opinion summaries are provided by our partner LexisNexis® Collier and are updated weekly.

In re Taranto

A creditor objected to confirmation of the bankruptcy debtors'proposed second amended chapter 13 plan.
Ruling: 
Court overruled creditor's objectionto confirmation since requiring both accelerated payment as well as interest from debtor would have been unjustified windfall.
ABI Membership is required to access the full summary of In re Taranto. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Adelphia Communs. Corp. v. America Channel LLC (In re Adelphia Communs. Corp.)

Plaintiff bankruptcy debtors, a cable television system, brought an adversary proceeding against defendants, a cable channel and its lawyers, seeking a declaration that defendants violated the automatic bankruptcy stay by pursuing an antitrust action against prospective purchasers of the debtors'assets, and seeking to enjoin defendants'pursuance of the action.
Ruling: 
Court found violation of automatic stay since effort to block purchase of debtor's assets was attempt to exercise control over estate property.
ABI Membership is required to access the full summary of Adelphia Communs. Corp. v. America Channel LLC (In re Adelphia Communs. Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Logan Med. Found. Inc. v. Hayflich & Steinberg (In re Logan Med. Found. Inc.)

Plaintiff debtor brought an adversary proceeding against defendants, a public accounting firm and an accountant, objecting to defendants'proof of claim for unpaid accounting services. Defendants moved to dismiss the complaint, arguing that the bankruptcy court lacked subject matter jurisdiction and that the debtor's claims were barred by judicial estoppel. The court held a hearing on the motion.
Ruling: 
Bankruptcy court had subject matter jurisdiction over objection to proof of claim joined to claim for relief where debtor had fully disclosed its cause of action.
ABI Membership is required to access the full summary of Logan Med. Found. Inc. v. Hayflich & Steinberg (In re Logan Med. Found. Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Mupanduki

Creditor served as the debtor's domestic relations counsel and filed a claim for legal fees for her representation of the debtor. The creditor argued that her claim was a "domestic support obligation"entitled to priority treatment. The debtor filed an objection to the proof of claim.
Ruling: 
Court sustained debtor's objection to proof of claim since it was not "domestic support obligation."
ABI Membership is required to access the full summary of In re Mupanduki. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Spicer v. Spicer (In re Spicer)

Plaintiff, the former spouse of defendant bankruptcy debtor, brought an adversary proceeding against the debtor, seeking a determination that a debt to the spouse from the debtor's liquidation of a retirement account was not dischargeable under 11 U.S.C. § 523(a)(4) based on fiduciary defalcation. The bankruptcy court conducted a trial.
Ruling: 
Debtor's liquidation of retirement account of which former spouse was entitled to one-half was fiduciary defalcation resulting in nondischargeable debt.
ABI Membership is required to access the full summary of Spicer v. Spicer (In re Spicer). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re A.C.E. Elevator Co.

Creditor trustees of a multiemployer employee benefit plan moved for an order directing the debtor employer to pay delinquent plan contributions, interest, liquidated damages, and attorney's fees and costs, asserting such costs were expenses entitled to administrative priority under 11 U.S.C. §§ 365(b)(1), 503(b)(1)(A), 507(a)(1), 1113(f) and 1114(e).
Ruling: 
Payment of delinquent employee benefit plan contributions ordered subject to determination of extent contributions were entirely in respect of benefits for retirees, spouses and dependents.
ABI Membership is required to access the full summary of In re A.C.E. Elevator Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Brown

An unsecured creditor and a trustee filed motions to dismiss a debtor's chapter 13 bankruptcy case on the ground that the debt owed to the creditor exceeded the debt ceiling set forth in 11 U.S.C. § 109(e).
Ruling: 
Claim for treble damages for debtor's fraudulent medical invoices was unsecured and unliquidated and did not cause debtor to exceed chapter 13 debt ceiling.
ABI Membership is required to access the full summary of In re Brown. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Petit-Louis

The debtor, who spoke limited English, could not obtain the requisite prefiling credit counseling in Creole, nor could he afford to hire an interpreter. The yrustee moved for reconsideration of the court's order granting the debtor a waiver of the credit counseling required by 11 U.S.C. § 109(h)(1). At the hearing on the matter, after resting, the trustee moved to introduce affidavits into evidence.
Ruling: 
Court upheld waiver of credit counseling since debtor could not find credit counseling in debtor's native language.
ABI Membership is required to access the full summary of In re Petit-Louis. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Jumpp

The matter came before the court on motion for determination and declaratory judgment as to continuance and existence of an automatic stay with respect to the residences of two debtors and debtors'motions to reimpose the automatic stay as to all creditors pursuant to 11 U.S.C. § 105(a). Mortgagee opposed, with respect to the residence of each debtor, to each of the foregoing motions.
Ruling: 
Debtor's motion for continuance of automatic stay was denied.
ABI Membership is required to access the full summary of In re Jumpp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Vinnie

A state agency in charge of collecting child support on behalf of child support payees (agency) filed three claims for child support. The debtor's chapter 13 plan proposed to pay these claims in full, concurrently with other priority claims, including the debtor's attorney. The agency filed an objection to confirmation, claiming that its priority claims should be paid in full before distribution to any other priority creditor.
Ruling: 
Plan was confirmed over creditor's objection since section 1326(b)(1) did not require full payment of creditor's higher priority claim before paying other creditors.
ABI Membership is required to access the full summary of In re Vinnie. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Bingham

The attorney who represented the debtor in a prepetition divorce action filed a motion to lift the automatic stay. The debtor moved to avoid the attorney's lien.
Ruling: 
Motion to avoid lien was denied since attorney's statutory charging lien related to prepetition divorce was perfected prefiling.
ABI Membership is required to access the full summary of In re Bingham. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Nelson v. TG Collections (In re Nelson)

Plaintiff debtor filed against defendant creditors an adversary complaint seeking a determination that her student loan debt was dischargeable under 11 U.S.C. § 523(a)(8). The matter was tried to the court.
Ruling: 
Student loan debt was deemed nondischargeable since debtor had sufficient monthly income and stable employment to repay loans.
ABI Membership is required to access the full summary of Nelson v. TG Collections (In re Nelson). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Hataway v. Welch (In re Welch)

Plaintiff ex-husband filed a motion for summary judgment in his adversary proceeding alleging that the attorney's fees owed him by defendant debtor were excepted from discharge, pursuant to 11 U.S.C. § 523(a)(5).
Ruling: 
Ex-husband was granted summary judgment and fee award owed ex-husband was deemed nondischargeable.
ABI Membership is required to access the full summary of Hataway v. Welch (In re Welch). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Grady

Movant bankruptcy trustee filed objections to confirmation of non-movant debtors'chapter 13 plan and requested dismissal of the debtors'case.
Ruling: 
Plan was confirmed over objections since debtors were allowed to pay projected disposable income under Schedule J.
ABI Membership is required to access the full summary of In re Grady. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Williams

After his chapter 13 case was dismissed for failure to file all required documents, the debtor filed a motion requesting that a stay be imposed with respect to all creditors in order to provide the debtor with an opportunity to file and proceed to confirm a plan. Two secured creditors objected to the stay.
Ruling: 
Debtor was not entitled to injunctive relief to extend stay which had expired on dismissal of chapter 13 case.
ABI Membership is required to access the full summary of In re Williams. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages