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 Pope

Two debtors filed an action seeking protection under chapter 13, and a limited liability company ("LLC") asked the bankruptcy court to confirm that the automatic stay provision of 11 U.S.C. § 362 was terminated, pursuant to 11 U.S.C. § 362(c)(3)(A), with respect to its collateral, the debtors'home.
Ruling: 
Stay did not terminate with respect to debtor's home which was property of the estate in second chapter 13 case filed less than one year after first case was dismissed.
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Magten Asset Management Corp. v. Northwestern Corp. (In re Northwest Corp.)

Plaintiffs, asset and trust companies, sued debtor in bankruptcy court. The bankruptcy plan committee claimed that it was entitled to take the place of the official committee under the "transfer of interest" provision of Fed. R. Civ. P. 25(c). The plan committee urged the court to allow the substitution pursuant to its authority under 11 U.S.C. § 105(a). Both the companies and debtor filed objections.
Ruling: 
Court could not substitute plan committee for the official committee in an adversary proceeding.
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Doherty v. Coccia (In re Coccia)

Plaintiff creditors sought a determination that their claim against defendant debtor was nondischargeable under 11 U.S.C. § 523(a)(6).
Ruling: 
Default judgment for conversion of vehicle was not grounds for nondischargeability absent evidence of willfull and malicious damage by debtor.
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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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Tranche 1 (SVP-AMC) Inc. v. Relito Tan (In re Relito Tan)

Plaintiff bank brought an adversary proceeding against defendant chapter 7 debtor, seeking denial of the debtor's bankruptcy discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3) and (a)(4)(A). The Ninth Circuit reversed the grant of summary judgment to the bank, concluding that an evidentiary hearing was required with respect to the debtor's intent. On remand, the bankruptcy court held a hearing.
Ruling: 
Denial of discharge granted on remand after evidentiary hearing established debtor's fraud.
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In re Chapter 13 Applications

Chapter 13 trustee filed a motion seeking to increase the maximum amount of fixed fees that could be awarded to chapter 13 debtors'attorneys. The bankruptcy judge convened an en banc hearing, which considered evidence and arguments from nine attorney who regularly appeared in chapter 13 cases.
Ruling: 
Court increased minimum fee and established fixed fee amont for chapter 13 debtors'attorneys.
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Cadleway Props. Inc. v. Armstrong (In re Armstrong)

Plaintiff creditor, the assignee of loan debt from a lender, brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that the creditor's judgment debt on the loans against the debtor as guarantor was not dischargeable under 11 U.S.C. § 523(a)(6) because the debtor's conversion of the creditor's collateral constituted willful and malicious injury to the creditor. The bankruptcy court conducted a trial.
Ruling: 
Only a portion of loan debt was nondischargeable due to conversion of collateral where creditor allowed debtor's business to continue post-default.
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Morgan v. Goldman (In re Morgan)

After a chapter 13 trustee disbursed $10,000 to debtors allegedly to fund a roof repair on their home, the court issued an order to both the trustee and debtors to show cause why they should not be required to reimburse the estate for the entire sum. Debtors were also ordered to file an accounting showing how the funds were actually used.
Ruling: 
Debtors and trustee ordered to repay sum improperly released by trustee for roof repairs and used by debtors'for gambling junkets.
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In re Hargrove

The debtors filed a motion to reinstate their bankruptcy case after its dismissal.
Ruling: 
Case dismissed without prejudice where debtor's counsel failed to electronically file required signature pages due to scanner malfunction.
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In re James M. Rynerson M.D. P.S.C.

A creditor filed a motion to convert a debtor's case to chapter 7 or, in the alternative, to dismiss the debtor's chapter 11 case, pursuant to 11 U.S.C. § 1112.
Ruling: 
Conversion or dismissal denied as not in best interests of creditors where there was no default and plan was substantially consummated.
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In re Hawaiian Airlines

Claimant individual sought relief from a discharge injunction to pursue his postpetition, pre-confirmation claim against the debtor. The individual also sought leave to file a claim against the debtor to preserve his right to collect any deficiency which remained unsatisfied by the debtor's liabilities carriers, through the claims administration process, or to seek declaratory relief on the nonapplication of the discharge injunction.
Ruling: 
Discharge injunction modified to allow personal injury action by creditor who was not given proper notice of need to file proof of claim.
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Luke v. Clegg (In re Clegg)

Plaintiff, the debtor-wife's mother, purchased the note of defendant debtors from a bank. She then filed a complaint objecting to discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3), (a)(4) and (a)(5).
Ruling: 
Objection to discharge by debtor's mother who purchased note with proceeds of sale of her own residence, which was the collateral, overruled.
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Superior Bank v. Hilsman (In re Hilsman)

Bankruptcy trustee filed a motion for remand pursuant to 28 U.S.C. § 1452(b), or in the alternative, a motion to abstain and remand to state court creditor bank's action against debtor and debtor's counterclaim regarding a breach of contract on loans. The bank opposed the motions.
Ruling: 
Breach of contract action involving state law which could be timely adjudicated by parties remanded.
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West v. Mutual Savings Credit Union (In re West)

Movant-debtors moved to convert their chapter 7 case to a case under chapter 13. Mutual Savings Credit Union, Respondent-creditor filed an objection, in addition to its prior challenges to debtors'handling of the case.
Ruling: 
Debtors had a right to convert from chapter 7 to chapter 13 despite allegations of irregularities in schedules and statement of financial affairs.
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In re Mayer

The standing trustee objected to confirmation of three chapter 13 plans. At issue was whether the amount sought to be paid as fees to counsel for the debtors, which fees were higher than the "presumptive" amount previously approved by the court, was properly charged and the impact on that determination of changes in counsel's responsibilities resulting from enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
Ruling: 
Increased workload under BAPCPA justified higher attorneys'fees.
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