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.

Watman v. Groman (In re Watman)

Debtor appealed the bankruptcy court's denial of his discharge and finding that he fraudulently transferred property under 11 U.S.C. § 727(a)(2)(A) and (a)(7). The District Court for the District of Massachusetts affirmed. Debtor appealed, arguing that the bankruptcy court erred in both its factual findings and its manner of inquiry on remand following an earlier appellate decision.
Ruling: 
Debtor dentist's transfer of assets from bankrupt original practice to new practice was fraudulent.
ABI Membership is required to access the full summary of Watman v. Groman (In re Watman). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Coffey v. Coffey (In re Coffey)

Plaintiff, debtor and former husband, filed an adversary complaint seeking a determination that defendant creditor-former wife's as yet undetermined state court property settlement claims were discharged, except for a nominal claim. The wife disputed the discharge. The parties filed cross motions for summary judgment, and the court considered whether the proceeding should be dismissed for failure to present a justiciable case or controversy.
Ruling: 
Former spouse's claim of Interest in marital property did not become debt if not yet ruled upon by divorce court.
ABI Membership is required to access the full summary of Coffey v. Coffey (In re Coffey). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Rey

The unsecured creditors filed a motion to convert the debtors'substantially consolidated chapter 11 bankruptcy case to a chapter 7 case for cause under 11 U.S.C. § 1112(b); to dismiss the case; or to appoint a chapter 11 trustee.
Ruling: 
Chapter 11 case converted to chapter 7 due to debtor's inability to fund or confirm plan.
ABI Membership is required to access the full summary of In re Rey. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Davis

After the debtor filed for chapter 13 bankruptcy protection, she filed a chapter 13 plan proposing to make biweekly payments for 36 months. The trustee filed an objection to the plan. The bankruptcy court held a confirmation hearing.
Ruling: 
Plan confirmation denied due to failure to meet minimum "applicable commitment period."
ABI Membership is required to access the full summary of In re Davis. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Hardin v. Hardin

Plaintiff was the former husband of defendant debtor. He filed a complaint seeking a determination that certain debts owed by the debtor were excepted from discharge pursuant to 11 U.S.C. § 523(a)(15). Plaintiff asserted a nondischargeable claim arising from the parties'decree of dissolution.
Ruling: 
Debt to former spouse was dischargeable where former spousehad substantial income and assets and debtor was struggling.
ABI Membership is required to access the full summary of Hardin v. Hardin. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Moore v. Strickland (In re Strickland)

Plaintiff former husband sued defendant debtor, objecting to the dischargeability of any debt due to him as support pursuant to 11 U.S.C. § 523(a)(2)(B), (a)(4) and (a)(5) and objecting to the discharge of the debtor for failing to disclose assets on her schedules pursuant to 11 U.S.C. § 727(a)(4). The bankruptcy court held a trial on the merits.
Ruling: 
Discharge denied due to debtor's failure to list business in schedules.
ABI Membership is required to access the full summary of Moore v. Strickland (In re Strickland). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Ridgeway v. Ridgeway

Plaintiff, the debtor's former spouse, filed an adversary proceeding against defendant debtor seeking a determination that his debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(15).
Ruling: 
Non-support property settlement obligations were excepted from discharge where benefit of discharge did not outweigh detriment to former spouse.
ABI Membership is required to access the full summary of Ridgeway v. Ridgeway. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Nevitt

In companion chapter 13 cases, the standing chapter 13 trustee filed motions to dismiss the plans of debtors. The issue was whether Schedule J or Form B22C should be used to calculate "projected disposable income" for the debtors, whose earnings fell below the median family income, to be determined in accordance with 11 U.S.C. § 1325(b)(2).
Ruling: 
Schedule J was to be used to calculate projected disposable income for debtors below median family income.
ABI Membership is required to access the full summary of In re Nevitt. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Walsh v. McMurry

Appellee bankruptcy trustee objected when appellant chapter 7 debtor claimed an exemption from the bankruptcy estate for his entire individual retirement account ("IRA"). The debtor appealed after the bankruptcy court sustained the objection and ruled that a portion of his IRA was not exempt under 11 U.S.C. § 522(d)(10)(E).
Ruling: 
Case remanded to bankruptcy court for determination as to whether IRA was reasonably necessary to support debtor and family and therefore partially exempt.
ABI Membership is required to access the full summary of Walsh v. McMurry. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re West

A trustee objected to a debtor's claim of federal exemptions under 11 U.S.C. § 522 in a chapter 7 case.
Ruling: 
Debtor not meeting residency requirements for exemptions under law of filing state or and no longer eligible for exemptions under law of state of former residence could elect federal scheme.
ABI Membership is required to access the full summary of In re West. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Teraforce Tech. Corp.

The law firm for the unsecured creditors' committee in a chapter 11 bankruptcy case applied for the allowance of compensation and reimbursement of expenses under 11 U.S.C. § 330(a). A secured creditor and the reorganized debtor were the objecting parties.
Ruling: 
Attorneys'fees approved with reduction for reasonableness and inappropriate time entries.
ABI Membership is required to access the full summary of In re Teraforce Tech. Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Hunt

In a bankruptcy case, which was the debtor's third bankruptcy filing in two years, the debtor moved to extend the automatic stay.
Ruling: 
Bankruptcy court refused to extend stay in debtor's third filing in two years due to bad faith.
ABI Membership is required to access the full summary of In re Hunt. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Reyes

A debtor was required to appear and show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to obtain the consumer credit counseling briefing required by 11 U.S.C. § 109(h)(1).
Ruling: 
Chapter 13 case dismissed due to debtor's failure to obtain credit counseling or to establish exigent circumstances to justify a waiver.
ABI Membership is required to access the full summary of In re Reyes. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Grunau

The debtors'attorney was ordered to show cause why his fees should not have been disgorged, pursuant to 11 U.S.C. § 329 and Fed. R. Bankr. P. 2017.
Ruling: 
Attorney who regularly filed chapter 13 cases in district ordered to disgorge excessive fees in routine case.
ABI Membership is required to access the full summary of In re Grunau. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages