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 Tuecke

The debtors filed a motion for sanctions against creditor for alleged violations of the automatic stay pursuant to 11 U.S.C. §§ 362(a)(6) and 362(h). The debtors alleged that the creditor garnished the wife debtor's wages postpetition.
Ruling: 
Postpetition wage garnishment violated stay, entitling debtor to actual damages, costs, attorneys'fees and punitive damages.
ABI Membership is required to access the full summary of In re Tuecke. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Dung Thi Pham v. Dung Thi Pham Pham (In re Dung Thi Pham)

The United States Trustee sought to deny chapter 7 debtor's discharge pursuant to 11 U.S.C. § 727(a)(3), (4)(A) and (5).
Ruling: 
Discharge denied due to debtor's numerous nondisclosures.
ABI Membership is required to access the full summary of Dung Thi Pham v. Dung Thi Pham Pham (In re Dung Thi Pham). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Legacy Estate Group LLC

A creditor filed a motion, pursuant to 11 U.S.C. § 1112(b)(1), to convert a debtor's chapter 11 bankruptcy case to chapter 7, which motion was opposed by all the other constituencies.
Ruling: 
Conversion to chapter 7 denied where confirmation of plan was likely and would result in possible full dividend to creditors.
ABI Membership is required to access the full summary of In re Legacy Estate Group LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Sandhills Cattle Feeding Inc.

Debtors filed for chapter 12 bankruptcy relief. The debtors then filed a chapter 12 plan. A creditor objected to confirmation pursuant to 11 U.S.C. § 1225(a)(3), alleging that the debtors had converted 385 head of the creditor's cattle. The court held a trial on the objection.
Ruling: 
Plan not filed in bad faith where cattle died from disease rather than being converted for debtors'benefit as alleged.
ABI Membership is required to access the full summary of In re Sandhills Cattle Feeding Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Gilbert

An unsecured creditor filed an objection to confirmation of a chapter 13 plan, contending that the debtor's plan, which provided for the sale of a mobile home and land and payment of any net equity from the sale to unsecured creditors, failed to satisfy the best interest of creditors test set forth in 11 U.S.C. § 1325(a)(4), The court held an evidentiary hearing.
Ruling: 
Confirmation denied due to failure to satisfy best interests of creditors test.
ABI Membership is required to access the full summary of In re Gilbert. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Korn

A real estate company filed a motion under 11 U.S.C. § 503(b)(1)(A) for an administrative expense against a bankruptcy estate arising from the sale of the debtor's property following a divorce.
Ruling: 
Real estate company was not entitled to an administrative expense for costs of post-divorce sale of debtor's property.
ABI Membership is required to access the full summary of In re Korn. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

G.E. Cattle Co. v. United Producres Inc. (In re United Producers Inc.)

Appellants, holders of prepetition judgments against one of appellee debtors for fraud, breach of contract, conversion, and Packers and Stockyards Act violations, objected to debtors'amended plan. They challenged the Bankruptcy Court for the Southern District of Ohio's orders finding that the plan met all the confirmation standards, and confirming the plan. Debtors moved to dismiss the appeal as equitably moot.
Ruling: 
Appeal of plan confirmation dismissed as moot due to substantial consummation.
ABI Membership is required to access the full summary of G.E. Cattle Co. v. United Producres Inc. (In re United Producers Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Smith

The chapter 7 trustee filed a motion for authority to sell assets free and clear of liens by sealed bid. Prior to filing the instant motion for authority to sell, the trustee filed a previous motion and a potential buyer submitted an offer. The potential buyer objected to the instant motion alleging that he and the trustee had an agreement to sell the property with the only contingency being court approval of the sale.
Ruling: 
Objection to trustee's motion to sell assets overruled where objector's alleged prior agreement with trustee could not have been entered into absent court approval.
ABI Membership is required to access the full summary of In re Smith. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Straney v. GMC

Plaintiff retiree sued defendant former employer seeking benefits under section 502 of ERISA, alleging breach of fiduciary duty under sections 404 and 406 of ERISA, and asserting estoppel, breach of contract, fraud, and innocent misrepresentations. He sought past retirement benefits and an order requiring payment of them in the future, plus damages, costs and fees. The employer moved for a stay of all proceedings.
Ruling: 
Bankruptcy of successor did not bar ERISA action by former employee.
ABI Membership is required to access the full summary of Straney v. GMC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Racusin v. American Wagering Inc. (In re American Wagering Inc.)

Appellee debtors filed an adversary proceeding against appellant consultant, alleging that a claim filed by the consultant in their chapter 11 bankruptcy case must be subordinated under 11 U.S.C. § 510(b). A bankruptcy court granted summary judgment to the consultant and denied it to debtors. The Ninth Circuit Bankruptcy Appellate Panel reversed and held that the claim should be subordinated. The consultant appealed.
Ruling: 
Bankruptcy Appellate Panel erred in reversing decision that claim for breach of stock consulting agreement could not be subordinated.
ABI Membership is required to access the full summary of Racusin v. American Wagering Inc. (In re American Wagering Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Enderle

Bankruptcy debtors assumed a vehicle lease under their confirmed chapter 13 plan, but the debtors subsequently defaulted on the lease. With bankruptcy court approval the lessor sold the vehicle, and the lessor moved for allowance of an administrative claim for the deficiency balance plus attorney fees.
Ruling: 
Creditor lessor was allowed administrative expense for sale of vehicle of which debtor had assumed lease.
ABI Membership is required to access the full summary of In re Enderle. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Eleasser v. Cougar Crest Lodge LLC (In re Weddle)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, a limited liability company ("LLC") exclusively managed by a bankruptcy debtor's parent, alleging that the LLC was an insider of the debtors and thus the LLC's recordation of judgments against co-debtors constituted transfers within the preference period of 11 U.S.C. § 547(b). The trustee and the LLC cross-moved for summary judgment.
Ruling: 
Transfers to limited liability company was not an insider of debtor were not avoidable.
ABI Membership is required to access the full summary of Eleasser v. Cougar Crest Lodge LLC (In re Weddle). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Rynerson

After a debtor's amended chapter 11 plan of reorganization was confirmed, the hospital moved to reopen the case and to either convert the case to chapter 7 or dismiss the chapter 11 case on the grounds that the debtor did not comply with the plan on payments to unsecured creditors or on liquidation of estate assets and that the debtor failed to disclose assets. The debtor objected to the motion.
Ruling: 
Motion to convert or dismiss chapter 11 case denied where creditors'position would not be improved.
ABI Membership is required to access the full summary of In re Rynerson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Gadzooks Inc.

The chapter 11 matter was before the court on the final application of counsel to the Official Committee of Equity Security Holders for allowance of compensation. The Liquidating Trustee objected.
Ruling: 
Professional fees could be allowed if reasonable when rendered and could not be judged in hindsight.
ABI Membership is required to access the full summary of In re Gadzooks Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

HSBC Bank USA v. UAL Corp. (In re UAL Corp.)

Creditor filed an adversary proceeding against chapter 11 debtor, seeking a valuation of its collateral for the purposes of bifurcating its claim pursuant to 11 U.S.C. § 506(a) into a secured portion and an unsecured portion.
Ruling: 
Bankruptcy court valued creditor's collateral for purposes of bifurcation.
ABI Membership is required to access the full summary of HSBC Bank USA v. UAL Corp. (In re UAL Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages