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 Chapin Revenue Cycle Mgmt. LLC

A debtor filed a motion for an order determining that a software license agreement or end-user license agreement ("EULA") was not an executory agreement or, in the alternative, for authority to assume the EULA. A developer objected that the debtor's breach of the EULA foreclosed its assumption of the EULA under 11 U.S.C. § 365(b).
Ruling: 
Agreement was deemed executory contract, and debtor was allowed to assume contract under section 365(a).
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In re Petit-Louis

A chapter 7 debtor requested that the court waive the pre-bankruptcy counseling requirement pursuant to 11 U.S.C. § 109(h)(3). The assistant U.S. trustee did not support the request. The cause was heard pursuant to the court's notice of hearing on Debtor's Certification of Exigent Circumstances.
Ruling: 
Debtor with limited English skills was granted a waiver of the prefiling credit counseling requirement since none of the counseling agencies could provide counseling in the debtor's language of Creole.
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Hill v. Gibson Dunn & Crutcher LLP

Plaintiff, the chapter 7 trustee of corporate debtor in a case converted from chapter 11, brought an adversary proceeding against defendant law firm, asserting the firm's actions in representing the debtor and certain insider creditors of the debtor in various financing transactions aimed at keeping the debtor afloat constituted breaches of fiduciary duties, enabled fraudulent transfers, and constituted securities fraud.
Ruling: 
Doctrine of in pari delicto barred a trustee standing in the debtor's shoes from recovering any damages for any alleged wrongful conduct in which the debtor participated.
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In re Roman Catholic Archbishop

Before the court were various motions and other matters preliminary to consideration of debtor's chapter 11 plan of reorganization.
Ruling: 
Court ruled that it could not estimate the unresolved tort claims to establish a cap on the fund to be available to pay those claims and that debtor could not obtain plan confirmation for a plan that disallowed punitive damages.
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In re Farthing

Bankruptcy debtors listed the value of their residence in their schedules and claimed an exemption to the maximum amount allowed under state law, and existing liens and the exemption resulted in no equity in the residence. The debtors objected to the trustee's proposed sale of the residence for substantially more than its listed value.
Ruling: 
Court rejected debtors' argument that trustee needed to timely object to the valuation of debtors'residence since Rule 4003(b) only required a timely objection to the exemption in the residence.
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In re Wright

Creditor had financed the debtors purchase of a vehicle and took a security interest in that vehicle. The creditor objected to confirmation of the chapter 13 plan proposed by the debtors. At issue was whether, under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), the plan could modify the contractual interest rate applicable to the creditor's secured claim.
Ruling: 
Interest rate on secured claims is calculated by the formula approach not by the contractual interest rate approach.
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In re Torelli

Debtor filed for bankruptcy protection under chapter 12 and sought confirmation of a chapter 12 plan. Objector secured creditor objected to confirmation of the proposed plan. The court held a confirmation hearing.
Ruling: 
Court denied confirmation of the debtor's chapter 12 plan because it did not propose to pay a bank the present value of the bank's fully secured claim and because the plan was not feasible.
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Shabanoff v. Medoff ( In re Shabanoff)

Plaintiff debtor filed a petition for relief under chapter 7. The debtor filed an adversary proceeding against defendant attorney, and others, claiming that they violated the automatic stay imposed pursuant to 11 U.S.C. § 362(a). The attorney sought a motion to dismiss the adversary proceeding or for summary judgment and the debtor filed an opposition and a motion for partial summary judgment.
Ruling: 
Genuine issue remained regarding whether an attorney had knowledge of a filing and thus whether the attorney violated the automatic stay.
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In re Eichhorn

Respondent debtors, who filed a joint petition seeking relief under chapter 7, claimed an exemption in real estate held in tenancy by the entirety. Movant trustee opposed the exemption.
Ruling: 
Court ruled that a trustee could not use property transfer avoidance powers against a claimed exemption in real estate held in tenancy by the entirety by joint debtors.
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In re Or. Arena Corp.

Bankruptcy debtor arena operator filed a voluntary petition for relief under chapter 11. The bankruptcy court held that several agreements entered into between the city and the arena operator constituted a single, indivisible contract that had to be assumed or rejected in its entirety under 11 U.S.C. § 365. The arena operator and certain creditors appealed that order.
Ruling: 
Court ruled that the agreements between a city and an arena operator constituted a single, indivisible contract to be assumed or rejected in its entirety.
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Warsco v. Saylor

In an adversary proceeding, plaintiff trustee sought a revocation of the discharge previously granted to defendant debtors on the ground that their bankruptcy schedules and statement of affairs had been materially false and that the debtors had knowingly and fraudulently made a false oath in connection with their bankruptcy in violation of 11 U.S.C. § 727(a)(4).
Ruling: 
Discharge was revoked since inaccurate information was provided during case.
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In re Gordon

The debtor's attorney filed an application for allowance and payment of supplemental compensation.
Ruling: 
Court reduced the fees charged by the debtor's attorney in the attorney's application for supplemental compensation and ordered further hearing as to whether the debtor authorized work on and the filing of a second amended plan.
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Andreini & Co. v. Pony Express Delivery Servs.

Appellant broker challenged a decision from the District Court for the Northern District of Georgia, which affirmed a bankruptcy court's decision to grant summary judgment in favor of appellee debtor in a dispute over an alleged preferential transfer.
Ruling: 
Court reversed a district court ruling by finding that an insurance broker was not a creditor that held a debt owed and, thus, was not an initial transferee from which payments could be recovered.
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Jumers Castle Lodge Inc. v. Jumer (In re Jumers Castle Lodge)

Appellant creditors'committee sought review of a bankruptcy court opinion granting summary judgment in favor of appellee shareholder with respect to the committee's effort to have an asset transfer between the debtor company and the shareholder voided pursuant to 11 U.S.C. § 544(b) because it was allegedly fraudulent under the Illinois Uniform Fraudulent Transfer Act ("IUFTA"), 740 Ill. Comp. Stat. 160/1 et seq.
Ruling: 
Asset transfer was deemed valid and not fraudulent since debtor received reasonably equivalent value for assets conveyed to the shareholder.
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Ferguson Enters. v. Lort (In re Lort)

Plaintiff creditor filed an adversary proceeding against defendant debtor alleging that the debtor's discharge should be denied pursuant to 11 U.S.C. §§ 727(a)(2) and (a)(5) and also alleged an exception to discharge pursuant to 11 U.S.C. § 523.
Ruling: 
Debtor was denied discharge since the debtor showed an intent to defraud in transferring property of a corporation for which debtor was the sole officer and shareholder.
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