Annual Spring Meeting | April 11-14 | Washington, D.C. Register Today View Schedule

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 Spurlin

Chapter 7 debtors filed a motion to convert their bankruptcy case to one under chapter 13. The chapter 7 trustee and a creditor filed objections to the motion.
Ruling: 
Debtor who could not establish source of regular income was not an eligible chapter 13 debtor.
ABI Membership is required to access the full summary of In re Spurlin. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Schilling v. Reid

Plaintiff trustee sued defendant debtor, contending that the debtor's discharge should have been revoked pursuant to 11 U.S.C. § 727(d)(2) because she had sold real estate postdischarge and retained the proceeds for her own use rather than submitting them to the trustee. The bankruptcy court held a trial.
Ruling: 
Debtor's good faith post-discharge sale of property of the estate and retention of proceeds was not cause for revocation.
ABI Membership is required to access the full summary of Schilling v. Reid. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Bevelle v. Jefferson County (In re Bevelle)

Plaintiff chapter 13 debtor filed an adversary proceeding against defendants, an Alabama city and county, seeking to enjoin the city from vacating an alleyway adjacent to his property and to enjoin the county from using its eminent domain powers to take his property. The debtor moved for issuance of a temporary restraining order ("TRO"). The city filed a motion to dismiss. The county filed motions to abstain and for relief from the automatic stay.
Ruling: 
State court condemnation action was an exercise of police or regulatory power and was not subject to stay.
ABI Membership is required to access the full summary of Bevelle v. Jefferson County (In re Bevelle). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In Landaverde

A chapter 13 debtor filed an emergency motion for continuation of the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B), in his second bankruptcy case.
Ruling: 
Emergency continuance of stay denied where second chapter 13 case was filed one day after dismissal of prior case without schedules or showing of change in circumstances.
ABI Membership is required to access the full summary of In Landaverde. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Brooks-Hamilton v. City of Oakland (In re Brooks-Hamilton)

Plaintiff debtor brought an adversary proceeding against defendant trustee in bankruptcy, and the trustee filed cross-claims. At issue was whether the debtor effectively transferred certain real property to an irrevocable trust prior to filing for bankruptcy, so that it was not property of the bankruptcy estate and could not effectively be sold by the trustee. The trustee moved for summary judgment and to dismiss the claims.
Ruling: 
Postpetition recording of deeds from debtor to prepetition irrevocable trust was avoidable.
ABI Membership is required to access the full summary of Brooks-Hamilton v. City of Oakland (In re Brooks-Hamilton). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Joe Hand Prods. v. Cain

Defendants, a corporation and its director, filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff production company's claims that the corporation and its director were liable under 47 U.S.C. §§ 553 and 605 of the Communications Act of 1934, as amended, for wrongfully intercepting and exhibiting a pay-per-view televised boxing event.
Ruling: 
Creditor who did not receive notice was not bound by confirmation order and its claims were not discharged.
ABI Membership is required to access the full summary of Joe Hand Prods. v. Cain. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Myers

Chapter 13 debtor wife filed a motion to become the next friend of debtor husband pursuant to Fed. R. Bankr. P. 1004.1.
Ruling: 
Competency was not necessary to qualify as debtor and court could appoint next friend in order to aid in administration of case pursuant to equitable powers.
ABI Membership is required to access the full summary of In re Myers. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Bogedain v. Eisen

Appellant debtor filed a petition for chapter 12 bankruptcy relief. The debtor moved for an order waiving, based on exigent circumstances, the prefiling credit counseling required by 11 U.S.C. § 109(h)(1). Initially and on reconsideration, bankruptcy court denied the debtor's motion. The debtor appealed.
Ruling: 
"Family farmer" filing under chapter 12 was an individual and subject to credit counseling requirements.
ABI Membership is required to access the full summary of Bogedain v. Eisen. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Mims

Trustee filed an objection to confirmation of debtors'plan and asserted that debtors, a husband and wife, did not meet the best interest of creditors test set forth in 11 U.S.C. § 1325(a)(4). The objection came on for hearing after which the parties submitted briefs on the issues of law raised by the objection.
Ruling: 
Confirmation denied and case dismissed where plan failed best interest of creditors test.
ABI Membership is required to access the full summary of In re Mims. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Signature Developers Inc.

A bankruptcy debtor developed a residential subdivision with a restriction providing that the debtor was the exclusive builder for improvements in the subdivision. The trustee moved pursuant to 11 U.S.C. § 363(f)(5) to sell certain lots in the subdivision to the mortgagee secured by the lots, free and clear of the builder restriction, and a creditor which purchased other lots subject to the restriction objected to the sale.
Ruling: 
Trustee could sell subdivision lots free and clear of restriction providing that debtor was the exclusive builder for the development.
ABI Membership is required to access the full summary of In re Signature Developers Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Elixir Indus. v. City Bank & Trust

Before the court was an appeal from the final order of the bankruptcy court, which reduced a claim to a general non-priority claim for $40,961.53.
Ruling: 
Creditor's lien was extinguished due to substantial consummation of plan.
ABI Membership is required to access the full summary of Elixir Indus. v. City Bank & Trust. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Northwest Timberline Enters.

Affiliated bankruptcy debtors, owners of separate gas stations/convenience stores, proposed a joint reorganization plan involving subordination of the lien of a secured creditor to obtain a new secured loan to pay property taxes, and repayment of the creditor's allowed secured claims in installments with interest. The creditor asserted that the plan was not feasible and moved for relief from the automatic bankruptcy stay.
Ruling: 
Relief from stay granted to allow mortgage creditor to foreclose where proposed chapter 11 plan was unconfirmable and there was no reasonable chance of effective reorganization.
ABI Membership is required to access the full summary of In re Northwest Timberline Enters.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

United States Trustees Office v. McKittrick (In re McKittrick)

In a chapter 7 bankruptcy case, plaintiff, the United States Trustee, filed an adversary complaint against defendant debtor, seeking a determination that, per 11 U.S.C. § 727(a)(8), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the 2005 Act), debtor was not eligible to receive a chapter 7 discharge.
Ruling: 
Extension of waiting period from six to eight years was not impermissibly retroactive and barred debtor's second case in seven years.
ABI Membership is required to access the full summary of United States Trustees Office v. McKittrick (In re McKittrick). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Taunton Mun. Lighting Plant v. Enron (In re Enron Corp.)

Appellant, a municipal public power utility, sought review of an order of the bankruptcy court disallowing and expunging the utility's proof of claim filed against appellee debtor.
Ruling: 
Former version of section 502(g) clearly required damages to be calculated as of day prior to petition date in which case creditor utility suffered no damages.
ABI Membership is required to access the full summary of Taunton Mun. Lighting Plant v. Enron (In re Enron Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Wells Fargo Bank v. Alexander (In re Alexander)

Respondent debtor filed a motion for a stay pending appeal of an order, which granted movant creditor's request for relief from the automatic stay and for in rem relief.
Ruling: 
Motion for stay pending appeal of order for relief from stay absent facts supporting likihod of success.
ABI Membership is required to access the full summary of Wells Fargo Bank v. Alexander (In re Alexander). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages