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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 Skaggs

The United States Trustee filed a motion to dismiss the debtors' case pursuant to 11 U.S.C. § 707(b)(2) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
Ruling: 
Case dismissed for substantial abuse due to debtor's excessive monthly income.
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LDS Express Inc. v. Brown (In re Kingway Logistics Inc.)

Plaintiff lessee filed a motion for summary judgment, seeking judgment on its complaint against chapter 7 trustee and its motion for relief from stay, 11 U.S.C. § 362.
Ruling: 
Lessee who purchased debtor lessor note and mortgage was adequately protected and not entitled to relief from stay.
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Monnie v. Field (In re Bross)

Appellant closing agent challenged a judgment of a U.S. bankruptcy court, which granted the motion of summary judgment filed by appellee bankruptcy trustee, allowing the trustee to avoid, pursuant to 11 U.S.C. § 544(a)(3), a mortgage in favor of defendant mortgagee on the ground that the mortgage was defective under Ohio Rev. Code Ann. § 5301.01 because it was not signed.
Ruling: 
Mortgage not executed in compliance with state law could be avoided.
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In re Robinson Foundry Inc.

Debtor filed a voluntary chapter 11 bankruptcy petition. After the deadline for filing a proof of claim had passed, a creditor moved to file an untimely proof of claim pursuant to Fed. R. Bankr. P. 3003(c)(3) and 9006(b)(1). The court held a hearing on the motion.
Ruling: 
Failure of creditor with actual notice of bankruptcy to file timely notice of claim was not due to excusable neglect.
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RSM Richter Inc. v. Aguilar (In re Ephedra Prods. Liab. Litig.)

In consolidated products liability litigation in which numerous U.S. consumers sued a Canadian company that marketed a certain diet product in the U.S., petitioner, the monitor in a Canadian insolvency proceeding, moved for an order recognizing and enforcing an order of the Canadian insolvency tribunal that approved a claims resolution procedure for all creditor claims. Respondents, four U.S. claimants, objected to the order.
Ruling: 
Court may recognize and enforce foreign claims liquidation procedure that lacks trial by jury.
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In re Premier Ben. Capital Trust

Movant sought to reopen a chapter 11 case pursuant to 11 U.S.C. § 350(b) and filed an application to proceed in forma pauperis.
Ruling: 
Motion by third party to repoen thirteen year-old case to file interpleader proceeding denied.
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Celli v. First National Bank (In re Layo)

Appellant trustee challenged an order of the District Court for the Northern District of New York reversing a decision of the bankruptcy court and finding that a confirmed chapter 13, 11 U.S.C. § 1301, bankruptcy plan was res judicata and prevented a debtor from avoiding a mortgage held by appellee bank. The mortgage lien, which had been recorded in the land records, was identified in the chapter 13 plan.
Ruling: 
Confirmation order met requirements for res judicata.
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Midland Euro Exchange Inc. v. Swiss Finance Corp. (In re Midland Euro Exchange Inc.)

Plaintiff chapter 7 trustee brought an adversary proceeding against defendants, a foreign exchange brokerage and 10 unnamed defendants, to set aside and recover allegedly fraudulent transfers of at least $897,000 paid by debtor. Two claims for relief were brought under 11 U.S.C. §§ 548(a)(1)(A) and 550(a). The brokerage, a foreign company, moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), made applicable by Fed. R. Bankr. P. 7012(b).
Ruling: 
Fraudulent transfer provisions of Bankruptcy Code do not apply to foreign transfers.
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Lange v. Schropp (In re Brook Valley IV J.V.)

Appellee bankruptcy trustee brought an adversary proceeding against appellants, the principals of bankruptcy debtor partnerships, alleging that the principals breached fiduciary duties by secretly purchasing real properties of the debtor for their own benefit. The principals appealed the judgment in favor of the trustee entered in the Bankruptcy Court for the District of Nebraska.
Ruling: 
Principals of debtor who formed new entities which purchased debtor's properties at foreclosure sale without disclosure to court ordered to turn over excess proceeds and profits.
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In re Trans Max Techs. Inc.

Debtor filed a voluntary petition for chapter 11 bankruptcy, and thereafter served as debtor in possession. Before the court was debtor's request for plan confirmation. The Office of the United States Trustee ("UST") objected, as did two creditor groups.
Ruling: 
Plan lacked feasibility due to reliance on debtor's implausible development of a flying car within three years.
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Steil v. Steil

Plaintiff filed a complaint seeking to except debt from discharge under 11 U.S.C. § 523(a)(6) based on defendant debtors'conversion of his collateral, inventory in a convenience store leased by the debtors. The debtors denied the disposition of the collateral was willful or malicious.
Ruling: 
Willful breach of lease did not result in nondischargeable debt absent proof of maliciousness.
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In re Hess

Two debtors each filed a bankruptcy petition subject to the Bankruptcy Abuse Prevention and Consumer Protection Act without the proof of prepetition credit counseling required by 11 U.S.C. § 109(h)(1). The trustee in bankruptcy moved to dismiss the second of the two petitions. The court issued orders to show cause why the petitions should not be dismissed.
Ruling: 
Exemptions from prepetition credit counseling requirement granted where debtors had attempted to comply in good faith.
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Board of Trustees of the Ohio CarpentersPension Fund v. Bucci

Plaintiff, a multiemployer ERISA plan that was maintained pursuant to a collective bargaining agreement and governed by various trust agreements, sought review of a decision of the bankruptcy court, which found that defendant debtor's ERISA employer contribution debt was dischargeable under 11 U.S.C. § 523(a)(4). The debtor was the alter ego of his business, which had entered into chapter 7 bankruptcy.
Ruling: 
ERISA employer contribution debt was dischargeable in absence of trustee status that could give rise to defalcation.
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