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.

Bracewell v. Kelley (In re Bracewell)

Appellant, a chapter 7 trustee, sought review of an order of the District Court for the Middle District of Georgia, which reversed a bankruptcy court's decision in part and found that a crop disaster payment received by appellee debtor was not property of the bankruptcy estate under 11 U.S.C. § 541(a)(1) or (a)(6). The bankruptcy court had found that the payment was property of the estate under section 541(a)(1).
Ruling: 
Court affirmed order finding that crop disaster payment was not estate property.
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Triad Fin. Corp. v. Brown (In re Brown)

Movant creditor filed an objection to confirmation of respondent debtor's chapter 13 plan.
Ruling: 
Court sustained creditor's objection to plan confirmation since creditor had secured claim protected from bifurcation and was entitled to payments equal to present value of secured claim.
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In re Weber

The debtor claimed as an exemption to her chapter 7 bankruptcy estate her interest in her residence pursuant to former 11 U.S.C. § 522(b)(2)(B). Objector, the chapter 7 trustee, took issue with the exemption.
Ruling: 
Court overruled trustee's objections and determined that debtor's exemption in property was presumed to be valid.
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Olsen v. Slocombe (In re Slocombe)

A suit involving defendant, a chapter 7 debtor, was filed in the district court. The district court referred the suit to the court. Plaintiff, a chapter 7 trustee, later filed a motion asking the court to deny a discharge to the debtor pursuant to 11 U.S.C. § 727(a)(4)(D), due to the debtor's failure to disclose information concerning the bankruptcy estate.
Ruling: 
Debtor was denied discharge due to failure to disclose certain information.
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In re Kissal

Creditor filed an ex parte motion for an order confirming that the automatic stay had terminated with respect to the enforcement of its security interest in a motor vehicle owned by the debtor. The issue was whether the court could, in fact, address the motion on an ex parte basis.
Ruling: 
Notice and hearing required prior to determination that stay had terminated with regard to security interest in motor vehicle.
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First Natl Bank v. Parr (In re Parr)

Plaintiff creditor filed a complaint to determine that the remaining balance of defendant debtor's promissory note was nondischargeable, pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(2)(B) and (a)(4).
Ruling: 
Balance of note owned by officer of debtor car dealership was dischargeable due to creditor's ongoing relationship with debtor and familiarity with financial conditions.
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In re Sarafoglou

Movant, the servicing agent for creditor, filed a motion for an order confirming that the automatic stay, 11 U.S.C. § 362, was not in effect in debtor's chapter 13 case and was no bar to creditor's foreclosure of its mortgage. Creditor requested relief from stay on account of its mortgage on debtor's residence because of a lack of adequate protection and debtor having no equity in her residence. Debtor requested that the stay take effect.
Ruling: 
Creditor was denied relief from automatic stay since creditor was adequately protected by equity cushion.
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In re Fuger

The matter before the court was the continued hearing on confirmation of the debtors'proposed chapter 13 plan. Specifically, the court was called upon to determine whether the "applicable commitment period"in 11 U.S.C. § 1325(b)(1)(B) was a monetary or temporal requirement.
Ruling: 
Trustee's objection to confirmation was denied and section 1325(b)(1)(B)'s "applicable commitment period" language was interpreted as serving as both temporal and monetary requirement.
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In re Wampler

The bankruptcy court had confirmed the debtors'chapter 13 plan over the objections of the creditors. After the creditors appealed the order, the bankruptcy court issued a memorandum opinion supplementing the order of confirmation by more fully explaining the bankruptcy court's findings and conclusions as set forth in the record in open court.
Ruling: 
Plan was confirmed since section 1325's 910 language required debtors to pay creditor's entire prepetition claim through chapter 13 plan without accruing postpetion interest.
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In re Miglia

An attorney who represented the debtors in a prepetition lawsuit filed a secured claim against the estate. The chapter 7 trustee objected to the claim asserting that the estate could not pay attorney's fees and that the attorney failed to perfect his lien.
Ruling: 
Court allowed attorney's claim as unsecured since section 362(a)(4) barred attorney from perfecting by possession postpetition.
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In re Northwest Airlines Corp.

Chapter 11 debtors filed a motion pursuant to 11 U.S.C. § 1113 to reject a collective bargaining agreement and change the terms and conditions of employment of its flight attendants. The authorized representative of the flight attendants objected to the motion and to the relief sought by debtors.
Ruling: 
Debtors were allowed to reject collective bargaining agreement since debtors provided union with proposed modifications documentation and bargained in good faith.
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In re Barrantes

Debtor filed a voluntary petition under chapter 13. Concurrently with the filing of the petition, debtor submitted a proposed chapter 13 plan. Creditor filed objections to confirmation of the plan.
Ruling: 
Creditor's objection to plan confirmation was overruled since proposed plan properly applied all of debtor's projected disposable income.
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In re Manson

The debtor's home had been exempt under 11 U.S.C. § 522 utilizing District of Columbia exemptions. She obtained a discharge that applied to a creditor's claim, but not on any lien that the creditor might have had. She discovered that the creditor had a judicial lien on her property when she refinanced her home. She reopened her chapter 7 case and moved to avoid the judicial lien pursuant to 11 U.S.C. § 522(f)(1)(A).
Ruling: 
Debtor's motion to avoid lien was denied since lien was satisfied prior to filing of motion to avoid lien.
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In re Lara

Chapter 13 bankruptcy debtors, a husband and wife, sought confirmation of their proposed chapter 13 plan of reorganization. The bankruptcy trustee objected to confirmation of the plan on the grounds that the plan failed to satisfy the disposable income test of 11 U.S.C. § 1325(b)(1)(B).
Ruling: 
Plan was not confirmed since debtors needed to reduce certain expense allowances.
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DCFS Trust v. Goldstein (In re Goldstein)

Plaintiff creditor brought an adversary proceeding and sought a determination that its claim for damages against debtor arising from debtor's failure to return a leased car was excepted from discharge under 11 U.S.C. § 523(a)(2)(A) and (a)(6). Debtor moved for sanctions pursuant to 11 U.S.C. § 362 for violation of the automatic stay, Fed. R. Bankr. P. 9011, and Fed. R. Civ. P. 37, and attorneys fees and costs under 11 U.S.C. § 523(d).
Ruling: 
Debt was deemed dischargeable since debtor did not act willfully.
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