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.

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.
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In re McDonald

A trustee filed a motion for turnover of the per capita distributions received by one of the debtors after the order of conversion.
Ruling: 
Motion for turnover of per capita tribal casino revenue distribution granted.
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In re Kollar

A debtor filed a motion to dismiss her chapter 13 bankruptcy case, pursuant to 11 U.S.C. § 1307(b). The trustee filed a motion to dismiss the case, pursuant to 11 U.S.C. § 109(e).
Ruling: 
Case dismissed with prejudice as improperly filed to frustrate secured creditors with no possibility of funding a realistic plan.
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Boyer v. Gildea

Plaintiff bankruptcy trustee filed a complaint consisting of five claims that arose out of the bankruptcy of a debtor company. The primary defendant, the debtor's president and sole equity owner, filed a motion for summary judgment on all claims.
Ruling: 
Rent payments were ordinary business expenses.
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In re John

Following debtors'voluntarily conversion of their chapter 13 case to chapter 7, the newly-appointed chapter 7 trustee filed a Motion to Compel Turnover of Personal Property of debtors.
Ruling: 
Turnover ordered of property scheduled in chapter 13 petition and remaining in estate on date of conversion to chapter 7.
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In re Iwasko

On Schedule C, debtor elected exemptions under 11 U.S.C. § 522(b)(1), the federal exemption scheme. At a hearing on cross motions for summary judgment, the trustee argued the exemption for entireties property provided in section 522(b)(2)(B) under the state exemption scheme did not appear in the federal exemption scheme. The next day, debtor filed an amended Schedule C, electing the state exemptions per section 522(b)(2)(B). The trustee filed an objection.
Ruling: 
Debtor allowed to amend Schedule C to elect state rather than federal exemption scheme absent bad faith or concealment.
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Vermont Dept. of Taxes v. Quality Stores Inc. (In re Quality Stores Inc.)

Appellee retail store filed an adversary proceeding against appellant Vermont Department of Taxes pursuant to 11 U.S.C. §§ 541, 542 and 505, seeking the turnover of funds for allegedly overpaid sales taxes for two tax years. The State sought review of a decision of the bankruptcy court, which denied its motion to dismiss on the basis of sovereign immunity. The State elected to have its appeal heard by the federal district court.
Ruling: 
Turnover proceeding against state revenue department was not barred by sovereign immunity.
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In re Van Stelle

Before bankruptcy debtors'chapter 13 plan was confirmed, the debtors'vehicle which was subject to a security interest was in an accident and declared a total loss. After the plan was confirmed, the bankruptcy trustee received an insurance settlement check, payable to both the debtors and the secured creditor, and the debtors moved for leave to use the insurance proceeds to purchase a replacement vehicle.
Ruling: 
Insurance proceeds from totalled vehicle were not property of the estate and could not be used to purchase replacement vehicle without creditor's consent.
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In re Grunau

In the debtors' chapter 13 case, a creditor moved for relief from a confirmation order and for a rehearing on its objection to the chapter 13 plan. The creditor had objected to the plan's restructuring of a repayment plan on the creditor's car loan on the ground that the interest rate was too low.
Ruling: 
Plan that extended payment terms on car loan over creditor's objection ordered modified in accordance with Till.
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Hodges v. CIT Group (In re Hodges)

Defendant mortgagee filed a motion for judgment on the pleadings against plaintiff debtor after debtor filed an adversary complaint for an order rescinding his mortgage with defendant based on federal and state statutory violations he claimed occurred when the loan was made. At issue was whether the court lacked jurisdiction by reason of the Rooker-Feldman doctrine.
Ruling: 
Rooker-Feldman doctrine did not deprive bankruptcy court of jurisdiction in adversary proceeding relating to state foreclosure judgment that was not final.
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Fisher v. Moon (In re Fisher)

Defendant county treasurer foreclosed on debtor's property for non- payment of property taxes. The total consideration received was the outstanding tax obligation of $1,843.75. Debtor and the chapter 13 trustee filed an avoidance action under 11 U.S.C. § 548(a)(1)(B), claiming the value of the property was approximately $68,000, and thus the transfer by the treasurer constituted a fraudulent conveyance. The parties moved for summary judgment.
Ruling: 
Duly noticed and conducted foreclosure sale for less than reasonable value was not a fraudulent transfer.
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In re Zirtzman

The debtors moved for confirmation of their chapter 13 plan. The unresolved issue for confirmation was whether the plan length was to be for three years, as proposed in the debtors'plan, or for five years, as indicated on Official Bankr. Form B22C and 11 U.S.C. §§ 1322 and 1325.
Ruling: 
Plan was not confirmable as debtor's income was above median income but proposed applicable commitment period was for three rather thanthe required five years.
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Kelsay v. Office of Lawyer Regulation

Appellant challenged a decision of the bankruptcy court that dismissed his adversary complaint against appellee. Appellant failed to pay the docketing fee for a bankruptcy appeal and instead filed a motion to proceed in forma pauperis ("IFP") on appeal.
Ruling: 
Debtor was not entitled to waiver of filing fee in appeal of adversary proceeding filed after effective date of BAPCPA where underlying case was filed before the effective date.
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In re Lopez

Trustee objected to the confirmation of the debtor's chapter 13 plan on the ground that the plan could not, after amendments under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") and under pre-BAPCPA authority, appoint the debtor as disbursing agent under the plan for current payments due under the debtor's home mortgage. The court held a hearing on the matter.
Ruling: 
BAPCPA did not prevent appointment of debtor as disbursing agent under plan.
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Micon Wayside Bar & Grille Inc. v. Delia (In re Delia)

Plaintiff bar requested that a judgment against defendant debtor be determined non-dischargeable pursuant to 11 U.S.C. § 523(a)(9). The judgment against the debtor was the result of an indemnification claim by the bar under the Michigan Dram Shop Act.
Ruling: 
Indemnification claim against debtor by bar held liable under dram shop act was nondischargeable.
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