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.

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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Peters v. Enterasys Networks Inc. (In re Native Am. Sys.)

Appellant trustee challenged a decision of the Bankruptcy Court for the District of Colorado, which allowed appellee creditor's request for an administrative expense pursuant to 11 U.S.C. § 503(b).
Ruling: 
Allowance of adminstrative expense for provision of services induced by debtor postpetition affirmed.
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In re Jarvis

The United States Trustee filed a motion seeking to impose fines on a bankruptcy petition preparer in a chapter 7 bankruptcy proceeding pursuant to 11 U.S.C. § 110(l)(1) and (2)(d). The Trustee also sought forfeiture of the preparer's compensation pursuant to section 110(h). The preparer did not appear or respond to the Trustee's motion.
Ruling: 
Bankruptcy petition preparer sanctioned for failure to comply with signature requirements and for failing to file compensation disclosure statement.
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Clark v. Flippin

Appellant bankruptcy trustee challenged the decision of the bankruptcy court, which denied his motion for turnover of the non-exempt equity in the debtor's dower interest in certain real property.
Ruling: 
Bankruptcy court properly held that nontransferrable dower interest was not subject to turnover.
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Kartman v. North Suburban Tree Serv. (In re Kartman)

Chapter 13 debtor filed a motion to alter or amend a judgment, which denied debtor's complaint to avoid a lien pursuant to 11 U.S.C. §§ 522(h) and 544.
Ruling: 
Judgment against property owned by debtor and non-debtor spouse as tenants by the entirety did not impair an exemption.
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Batten v. Cardwell (In re Batten)

Pursuant to Fed. R. Bankr. P. 1009(a), movant debtors sought to amend the schedules in their chapter 7 case to reflect a tort claim that arose in the same month that they received a discharge.
Ruling: 
Post-confirmation, post-conversion tort claim was not property of the estate.
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Cluff v. eCast Settlement

Appellant debtors filed separate bankruptcy cases. Appellee unsecured creditors filed proofs of claim in their respective cases. The debtors filed objections to many of the proofs of claim under 11 U.S.C. § 502(b) and Fed. R. Bankr. P. 3001. The bankruptcy court overruled the debtors'objections. The debtors appealed.
Ruling: 
Proofs of claim that were not prima facie valid were sufficient absent evidence from debtors to rebut merits.
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Rocin Liquidation Estate v. Alta AH&L (In re Rocin Intl Inc.)

Plaintiff, the liquidation estate of the debtor, brought an adversary complaint against defendant creditor, the provider of health benefits for independent contractors engaged by the debtor. The complaint sought avoidance of certain alleged preferential transfers and recovery of their monetary value pursuant to 11 U.S.C. § 547.
Ruling: 
Transfers to provider of health care benefits to debtor's independent contractors within 90 days prior to petition date were avoidable.
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In re Consolidated FGH Liquidating Trust

In a consolidated bankruptcy proceeding, liquidating trustee filed objections to claimants'proofs of claims regarding a stock purchase agreement wherein the claimants sold stock to the debtor.
Ruling: 
Claims for outstanding amounts under stock purchase agreement arose from purchase and sale of securities and were subject to subordination.
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In re Northwestern Corp.

Before the court was an appeal by appellants, investment companies, from the order issued by the bankruptcy court, denying the companies'motion filed pursuant to Fed. R. Bankr. P. 9019 seeking approval of a global compromise and settlement in appellee debtors'chapter 11 case.
Ruling: 
An amendment should have been necessary for settlement that diluted plan distributions but could not be ordered on appeal due to substantial consummation.
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Wiseman v. Wiseman (In re Wiseman)

Creditor, the former wife of chapter 7 debtor, brought a complaint against debtor, alleging that debtor's property settlement obligation to creditor was excepted from his discharge under 11 U.S.C. § 523(a)(15).
Ruling: 
Salary, insurance and 401(k) payments owed to former spouse as supplement to property settlement agreement was nondischargeable.
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Terry v. Meredith (In re Meredith)

Chapter 7 trustee brought a complaint against defendants, the wife of the sole shareholder of debtor and a corporation of which the wife was the sole shareholder. Trustee requested that the court determine that debtor and the corporation were alter egos of each other, pierce the corporate veil of the corporation, find that the transfers to defendants were fraudulent under 11 U.S.C. § 548, and permit the recovery of the transferred assets.
Ruling: 
Transfer of debtor account's practice to corporation was fraudulent.
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In re Patino

A creditor filed a motion for relief from the automatic stay so that it could repossess a debtor's vehicle.
Ruling: 
Post-discharge motion for relief from stay to repossess debtor's vehicle granted as to trustee's interest but denied as moot as to debtor's interest.
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In re White

Chapter 13 debtor proposed a plan that bifurcated a car loan into secured and unsecured portions, paid the secured portion of the debt based on the value of the vehicle with eight percent interest over the life of the plan, and included the remaining amounts due the creditor in the unsecured class. The creditor objected to confirmation. The court held a hearing on the objection.
Ruling: 
Plan that proposed retention of motor vehicle lien until payment of less than value of creditor's lien was not confirmable.
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