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.

Brock v. Draper (In re Draper)

Plaintiff chapter 7 trustee sued defendant daughter, alleging that a transfer of the debtors'remainder interest in their home and real property for no consideration was a fraudulent conveyance. The trustee moved for summary judgment.
Ruling: 
Trustee was allowed to avoid transfer of debtors'remainder property interest to daughter since badges of fraud under state fraud law were present.
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Maher v. Fittell (In re Fittell)

Plaintiff, a decedent's estate, filed an adversary proceeding against defendants, debtors. Plaintiff alleged that while serving as executors of the estate, the debtors paid themselves executor fees without prior court approval. Plaintiff alleged that this act constituted conversion and required an award of double damages under Kansas law. Plaintiff also contended that the damages sought were nondischargeable under 11 U.S.C. § 523(a)(4) and (6).
Ruling: 
Summary judgment was denied on whether damages sought were dischargeable since no underlying conversion or embezzlement was found.
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Ardis v. Educ. Credit Mgmt. Corp. (In re Ardis)

Appellant debtor appealed from the Bankruptcy Court's determination that he was not entitled to a hardship discharge of his student loan obligations under 11 U.S.C. § 523(a)(8).
Ruling: 
Finding that debtor was not entitled to hardship discharge of student loan debt was affirmed since debtor did not show a good faith effort to repay.
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Patel v. Patel (In re Patel)

Plaintiff creditor filed an adversary proceeding against defendant debtor seeking a determination that the debt owed to him was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (a)(6). The creditor moved for summary judgment, contending that because the underlying grounds for finding nondischargeability were decided in a state court proceeding, the debtor should be collaterally estopped from relitigating the issues.
Ruling: 
Creditor was denied summary judgment since collateral estoppel did not apply and state court judgment did not establish fraud within meaning of section 523(a).
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In re Meyers

Movant Chapter 7 debtor sought monetary sanctions against respondent creditor for its alleged willful violation of a discharge injunction. The bankruptcy court held a hearing on the motion.
Ruling: 
Debtor was granted motion for sanctions against creditor for violating discharge injunction by continuing to call debtor multiple times to attempt to collect.
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In re Causey

Movant bankruptcy trustee moved to dismiss nonmovant debtor's bankruptcy petition for chapter 11 bankruptcy relief. The debtor requested recusal of the bankruptcy judge.
Ruling: 
Case was dismissed since debtor did not provide credit counseling certification or provide explanation of exigent circumstances.
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In re De La Rosa

A debtor filed a motion to re-open his bankruptcy case to add an omitted creditor, pursuant to 11 U.S.C. § 350.
Ruling: 
Bankruptcy court refused to reopen case after five years to allow debtor to list omitted judgment creditor due to prejudice to creditor.
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In re Quackenbush

Debtor filed a chapter 7 case and claimed as exempt her interest in a "systematic investment plan" account in the amount of $3,152. The chapter 7 trustee objected to the exemption.
Ruling: 
Debtor's interest in a systematic investment plan account was deemed estate property since the interest did not meet the enumerated exceptions under section 541(b).
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In re Barr

Debtor moved for confirmation of her chapter 13 plan and the chapter 13 trustee objected. The trustee contended that the debtor's plan did not comply with the good faith requirement of 11 U.S.C. § 1325(a)(3) based on the amount of the proposed plan payment. The trustee argued that the debtor failed to propose a plan in good faith because, based on her actual income and actual expenses, she had the ability to pay more than proposed in the plan.
Ruling: 
Objection to plan confirmation was denied since a determination of an above-median-income chapter 13 debtor's ability to pay and whether debtor's plan committed all of debtor's disposable income is determined under section 1325(b) not under section 1325(a)(3)'s good faith requirement.
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In re Shipman

Debtors filed a motion to redeem the non-exempt portion of their principal residence from the trustee pursuant to 11 U.S.C. § 722 or appropriate relief to purchase or redeem the non-exempt portion of their principal residence.
Ruling: 
Court denied motion to redeem debtors'principal residence since section 722 redemption did not apply to real property.
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In re Claywell

Petitioner trustee filed a notice of intent to sell a debtor's real property at private sale, pursuant to 11 U.S.C. § 363. Respondent adjacent landowner objected to the notice.
Ruling: 
Court held that trustee could not sell debtor's real property at private sale under section 363 until issues regarding the property's ownership were resolved.
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Ryan v. Reynolds (In re Reynolds)

Plaintiff property owners brought an adversary proceeding against defendant bankruptcy debtor who was a construction contractor, seeking a determination that the owners'state-court judgment against the debtor for failing to pay a supplier of the debtor from funds provided by the owners was nondischargeable under 11 U.S.C. § 523(a)(4) and (a)(6). The owners moved for summary judgment.
Ruling: 
Home owners'motion for summary judgment was denied since state court judgment against contractor did not establish nondischargeability.
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In re Larson

Chapter 7 debtor filed for bankruptcy relief, claiming an exemption of $500,000 in a single family residence pursuant to Mass. Gen. Laws ch. 188, § 1A. Objector creditors and chapter 7 trustee objected to the state homestead exemption, alleging that the homestead claim had to be reduced based upon the newly enacted 11 U.S.C. § 522(q)(1)(B)(iv).
Ruling: 
Court had to schedule evidentiary hearing to determine if a homestead cap involving a "criminal act"was applicable.
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In re Champion-Lee

Petitioner debtor filed a motion to convert his chapter 7 case to a chapter 13 case. Respondent chapter 7 trustee objected to the conversion, asserting that the debtor's motion to convert and chapter 13 plan were not proposed in good faith under 11 U.S.C. § 1325(a)(3).
Ruling: 
Court granted debtor's motion to convert case over trustee's claim of debtor bad faith since it appeared debtor could propose confirmable plan and conversion was in best interests of creditors.
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Diamond v. Gemmel Pharmacy Group Inc. (In re Inland Global Med. Group)

Plaintiff chapter 7 trustee brought an adversary proceeding against defendant creditor, seeking to avoid certain alleged preferential transfers pursuant to 11 U.S.C. § 547(b). The creditor asserted affirmative defenses to the preference claim under 11 U.S.C. § 547(c)(2) and (4). The bankruptcy court conducted a trial.
Ruling: 
Portion of transfers were deemed preferential while portion fell under new value defense.
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