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.

PRD LP v. Lopez (In re PRD LP)

Appellant limited partnership appealed from the bankruptcy court, and appellees, an estate, various individuals and contractors, opposed the appeal. The bankruptcy court had concluded that, pursuant to 28 U.S.C. § 1412, it was appropriate to transfer venue from the Northern District of Illinois to the District of Puerto Rico.
Ruling: 
Bankruptcy court properly transferred venue from Illinois to Puerto Rico.
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In re Stillwell

A bankruptcy debtor sought to retain her vehicle even though the debtor's available income was insufficient to make payments on the debt secured by the vehicle. The debtor sought approval of a reaffirmation agreement with the secured creditor under 11 U.S.C. § 524(m)(1).
Ruling: 
Reaffirmation agreement approved where debtor failed to show enforcement would cause undue hardship.
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In re Valencia Flour Mill Ltd.

A corporate debtor submitted a modification to its plan of reorganization for confirmation, proposing to modify or limit the claims two secured creditors, one to an unsecured claim of less than $10,000 and the other to preclude liability of the individual co-debtors.
Ruling: 
Modification of plan denied due to change in classification of claim without creditor's consent and insufficient payments to a secured creditor.
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Cross v. K.B. Toys

Plaintiff terminated employee filed a pro se employment discrimination suit against defendant former employer, alleging that she was retaliated and discriminated against due to her sex in violation of her rights under Title VII of the Civil Rights Act of 1964 (Title VII). The employer moved for a judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c).
Ruling: 
Debtor's EEOC claim arising postpetition but pre-confirmation did not survive confirmation and was discharged.
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Etzel v. American Standard Ins. Co.

Appellant bankruptcy debtor filed an appeal after a bankruptcy court granted summary judgment to appellee insurance company and held that the debt owed by the debtor to the company was excepted from discharge under 11 U.S.C. § 523(a)(7). The debtor argued that section 523(a)(7) did not apply because the company was a nongovernmental creditor and the debt, arising from a restitution order, constituted compensation for an actual pecuniary loss.
Ruling: 
Criminal restitution obligation was nondischargeable.
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In re Osborn

Chapter 13 debtors objected to the unsecured proof of claim filed by a creditor. The creditor objected to confirmation of the debtors'proposed chapter 13 Plan, which proposed to surrender the vehicle securing the creditor's claim in full satisfaction of such claim.
Ruling: 
Creditor qualifying under hanging paragraph of section 1325(a) had secured claim for full amount due as of petition date.
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In re Springs Hospitality Inc.

Chapter 11 creditor filed a motion to dismiss debtor's bankruptcy case pursuant to 11 U.S.C. § 1112(b) and a motion for relief from the automatic stay, 11 U.S.C. § 362.
Ruling: 
Case filed as litigation tactic in dispute with creditor dismissed on grounds of bad faith.
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In re Murray

Chapter 13 debtors filed a motion to reconsider a court decision, which held that debtors' treatment of creditor's secured claim in debtors' chapter 13 plan was violative of the hanging paragraph at the end of 11 U.S.C. § 1325(a).
Ruling: 
On reconsideration, bankruptcy court upheld decision that debtor's plan could not provide for cramdown of debt qualifying under hanging paragraph of section 1325(a).
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Thomas v. Bayou Concrete LLC

Defendants, a company and three persons, asserted that pro se individual's American with Disabilities Act claims against them had to be dismissed because the individual failed to list the present case as a potential asset in his chapter 7 bankruptcy case, which had been discharged.
Ruling: 
Amercians With Disabilities Act action dismissed due to discharged debtor's failure to schedule claim.
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Watman v. Groman (In re Watman)

Debtor appealed the bankruptcy court's denial of his discharge and finding that he fraudulently transferred property under 11 U.S.C. § 727(a)(2)(A) and (a)(7). The District Court for the District of Massachusetts affirmed. Debtor appealed, arguing that the bankruptcy court erred in both its factual findings and its manner of inquiry on remand following an earlier appellate decision.
Ruling: 
Debtor dentist's transfer of assets from bankrupt original practice to new practice was fraudulent.
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Coffey v. Coffey (In re Coffey)

Plaintiff, debtor and former husband, filed an adversary complaint seeking a determination that defendant creditor-former wife's as yet undetermined state court property settlement claims were discharged, except for a nominal claim. The wife disputed the discharge. The parties filed cross motions for summary judgment, and the court considered whether the proceeding should be dismissed for failure to present a justiciable case or controversy.
Ruling: 
Former spouse's claim of Interest in marital property did not become debt if not yet ruled upon by divorce court.
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In re Rey

The unsecured creditors filed a motion to convert the debtors'substantially consolidated chapter 11 bankruptcy case to a chapter 7 case for cause under 11 U.S.C. § 1112(b); to dismiss the case; or to appoint a chapter 11 trustee.
Ruling: 
Chapter 11 case converted to chapter 7 due to debtor's inability to fund or confirm plan.
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In re Davis

After the debtor filed for chapter 13 bankruptcy protection, she filed a chapter 13 plan proposing to make biweekly payments for 36 months. The trustee filed an objection to the plan. The bankruptcy court held a confirmation hearing.
Ruling: 
Plan confirmation denied due to failure to meet minimum "applicable commitment period."
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Hardin v. Hardin

Plaintiff was the former husband of defendant debtor. He filed a complaint seeking a determination that certain debts owed by the debtor were excepted from discharge pursuant to 11 U.S.C. § 523(a)(15). Plaintiff asserted a nondischargeable claim arising from the parties'decree of dissolution.
Ruling: 
Debt to former spouse was dischargeable where former spousehad substantial income and assets and debtor was struggling.
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