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.

Rafool v. Friedrich (In re Friedrich)

Plaintiff trustee sought a revocation, pursuant to 11 U.S.C. § 727(d)(1) and (2), of defendant debtor's discharge in bankruptcy.
Ruling: 
Failure to disclose probate claim, proceeds of which were forwarded to trustee by debtor's attorney, was not grounds for revocation of discharge.
ABI Membership is required to access the full summary of Rafool v. Friedrich (In re Friedrich). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Oakridge Consulting Inc. v. Mark A. Robicheaux Inc. (In re Consolidated FGH Liquidating Trust)

Chapter 11 debtor brought an adversary proceeding pursuant to 11 U.S.C. §§ 547(b) and 550(a) against defendant for the recovery of preferential transfers made by debtor to defendant.
Ruling: 
Defendant in preference proceeding was not entitled to credit for payments to third parties on debtor's behalf.
ABI Membership is required to access the full summary of Oakridge Consulting Inc. v. Mark A. Robicheaux Inc. (In re Consolidated FGH Liquidating Trust). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Salyer v. Sallie Mae Servicing Corp. (In re Salyer)

Plaintiff debtors filed for chapter 7 bankruptcy. The debtors sued defendants, including a loan servicer and a university, for a determination that their educational loans were dischargeable pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Discharge of student loan debt denied where debtor could afford payments with reasonable reduction in monthly expenses.
ABI Membership is required to access the full summary of Salyer v. Sallie Mae Servicing Corp. (In re Salyer). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Smith v. Ace Ins. Co. Ltd. (In re BCE West L.P.)

Plaintiff, a bankruptcy plan trustee, filed an adversary proceeding against defendants, an insurance company and its attorneys, for, inter alia, an injunction that would prevent defendants from proceeding with an action and arbitration in Bermuda, sanctions for violations of the Barton doctrine, and breach of contract. The matter was referred to a bankruptcy court. Defendants filed a motion to withdraw the reference to a bankruptcy court.
Ruling: 
Court declined to withdraw reference of proceeding seeking injunction preventing continuation of Bermuda arbitration proceeding.
ABI Membership is required to access the full summary of Smith v. Ace Ins. Co. Ltd. (In re BCE West L.P.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

XL Specialty Ins. Co. v. James River Coal Co. (In re James River Coal Co.)

Appellant sureties challenged an order from a United States bankruptcy court, which granted a summary judgment motion filed by appellees, a debtor and several of its subsidiaries, and denied the sureties'motion to reconsider the denial of their application for allowance of an administrative claim. In their application, the sureties sought allowance of the premiums accrued on certain bonds as an administrative expense under 11 U.S.C. § 503(b).
Ruling: 
Bankruptcy court did not err in finding that sureties were not entitled to administrative expense claim for premiums accrued on prepetition bonds.
ABI Membership is required to access the full summary of XL Specialty Ins. Co. v. James River Coal Co. (In re James River Coal Co.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Anderson

Before the court was the "Emergency Petition for Rule to Show Cause for Violation of Bankruptcy Discharge Injunction" filed by debtors. The creditor concerned opposed the requested relief.
Ruling: 
Post-reposssession letter claiming deficiency violated discharge injunction.
ABI Membership is required to access the full summary of In re Anderson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Deceder v. Pennsylvania Higher Educ. Assistance Agency (In re Deceder)

Defendant original creditor and intervening defendant successor creditor, filed a motion to dismiss chapter 7 debtor's claim, which sought damages pursuant to Mass. Gen. Laws ch. 93 and ch. 93A for the original creditor's allegedly unfair and deceptive debt collection practices.
Ruling: 
State law unfair debt collection action was not related to bankruptcy.
ABI Membership is required to access the full summary of Deceder v. Pennsylvania Higher Educ. Assistance Agency (In re Deceder). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

State Univ. New York-Student Loan Serv. Ctr. v. Menzes

Appellant creditors appealed an order of the bankruptcy court, which discharged appellee debtor's student loans pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Bankruptcy court erred in granting undue hardship discharge of student loan debt where debtor had sufficient discretionary income to cover payments.
ABI Membership is required to access the full summary of State Univ. New York-Student Loan Serv. Ctr. v. Menzes. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Official Comm. of Unsecured Creditors of Schlotzskys Inc. v. Grant Thornton LLP (In re Schlotzskys Inc.)

Defendant accounting firm moved to abstain pursuant to 28 U.S.C. § 1334(c)(2) or in the alternative to dismiss for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012 in a preference action brought by the creditors'committee for chapter 11 debtor, which asserted claims of negligence, breach of contract, aiding and abetting breaches of fiduciary duties, negligent misrepresentation, and gross negligence.
Ruling: 
Bankruptcy court declined to abstain from hearing state law aspects of preference proceeding.
ABI Membership is required to access the full summary of Official Comm. of Unsecured Creditors of Schlotzskys Inc. v. Grant Thornton LLP (In re Schlotzskys Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Dienberg

A secured creditor filed a motion pursuant to 11 U.S.C. § 362(h) and (j), asking the court to issue an order confirming that the automatic stay in a chapter 7 debtor's bankruptcy case had terminated. The court, on its own initiative, held a hearing on the issue of whether section 362(j) applied when the alleged basis for termination of the stay was found in section 362(h) rather than in section 362(c), the subsection specifically referenced in section 362(j).
Ruling: 
Court was not authorized to issue a "comfort order" where stay had terminated pursuant to section 362(h) rather than section 362(c).
ABI Membership is required to access the full summary of In re Dienberg. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Pennington

The United States Trustee ("UST") filed a motion to dismiss the chapter 7 case of a debtor for abuse pursuant to 11 U.S.C. § 707(b)(1) and (3).
Ruling: 
Court considered debtor's anticipated income and expenses in dismissing chapter 7 case for substantial abuse.
ABI Membership is required to access the full summary of In re Pennington. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Kitterman v. Sallie Mae Servicing L.P. (In re Kitterman)

Plaintiff debtor filed a complaint against defendant creditors to determine the dischargeability of his student loans based on undue hardship under 11 U.S.C. § 523(a)(8).
Ruling: 
Fainting spells and depression were not grounds for undue hardship discharge of student loan debt where they would not prevent debtor from finding or maintaining employment.
ABI Membership is required to access the full summary of Kitterman v. Sallie Mae Servicing L.P. (In re Kitterman). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Love

A chapter 13 case came before the court for a hearing on confirmation of the debtors'plan. The chapter 13 trustee objected to confirmation, contending that the plan failed to pay all of the debtors'projected disposable income.
Ruling: 
Confirmation denied where plan included deductions for payments on secured debt which would be avoided by surrender of collateral.
ABI Membership is required to access the full summary of In re Love. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Tardiff v. MBNA Am. Bank (In re Kepley)

Chapter 7 trustee brought an adversary proceeding against a creditor, alleging that a payment by the debtor prior to the bankruptcy filing was a voidable preference under 11 U.S.C. § 547(b)(4)(A). The parties cross-moved for summary judgment.
Ruling: 
Payment to creditor with funds held by debtor and spouse as tenants by the entirety was not avoidable.
ABI Membership is required to access the full summary of Tardiff v. MBNA Am. Bank (In re Kepley). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Anderson

Appellant debtor sought review of a bankruptcy court's order allowing the claims of appellee creditors. The debtor did not seek a stay of the order allowing the creditors'claims, and the debtor did not appeal the bankruptcy court's approval of the trustee's plan of reorganization. The creditors contended that the appeal was equitably moot.
Ruling: 
Bankruptcy court properly allowed presumptively valid claims absent evidence from debtor that would rebut the claims.
ABI Membership is required to access the full summary of In re Anderson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages