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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 Opra

After debtor filed a voluntary chapter 7 bankruptcy petition, her new attorney filed amended schedules disclosing lawsuit proceeds valued at $100,000 and claiming an exemption in the newly-scheduled asset pursuant to 11 U.S.C. § 522(d)(5), (d)(11)(D) and (d)(11)(E). The trustee timely objected to the debtor's amended exemptions. The bankruptcy court held a hearing on the objection.
Ruling: 
Debtor's former attorneys ordered to appear and show cause as to failure to disclose lawsuit proceeds on schedules.
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In re Myers

Chapter 13 debtor wife filed a motion to become the next friend of debtor husband pursuant to Fed. R. Bankr. P. 1004.1.
Ruling: 
Competency was not necessary to qualify as debtor and court could appoint next friend in order to aid in administration of case pursuant to equitable powers.
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Bogedain v. Eisen

Appellant debtor filed a petition for chapter 12 bankruptcy relief. The debtor moved for an order waiving, based on exigent circumstances, the prefiling credit counseling required by 11 U.S.C. § 109(h)(1). Initially and on reconsideration, bankruptcy court denied the debtor's motion. The debtor appealed.
Ruling: 
"Family farmer" filing under chapter 12 was an individual and subject to credit counseling requirements.
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In re Mims

Trustee filed an objection to confirmation of debtors'plan and asserted that debtors, a husband and wife, did not meet the best interest of creditors test set forth in 11 U.S.C. § 1325(a)(4). The objection came on for hearing after which the parties submitted briefs on the issues of law raised by the objection.
Ruling: 
Confirmation denied and case dismissed where plan failed best interest of creditors test.
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Elixir Indus. v. City Bank & Trust

Before the court was an appeal from the final order of the bankruptcy court, which reduced a claim to a general non-priority claim for $40,961.53.
Ruling: 
Creditor's lien was extinguished due to substantial consummation of plan.
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In re Signature Developers Inc.

A bankruptcy debtor developed a residential subdivision with a restriction providing that the debtor was the exclusive builder for improvements in the subdivision. The trustee moved pursuant to 11 U.S.C. § 363(f)(5) to sell certain lots in the subdivision to the mortgagee secured by the lots, free and clear of the builder restriction, and a creditor which purchased other lots subject to the restriction objected to the sale.
Ruling: 
Trustee could sell subdivision lots free and clear of restriction providing that debtor was the exclusive builder for the development.
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In re Northwest Timberline Enters.

Affiliated bankruptcy debtors, owners of separate gas stations/convenience stores, proposed a joint reorganization plan involving subordination of the lien of a secured creditor to obtain a new secured loan to pay property taxes, and repayment of the creditor's allowed secured claims in installments with interest. The creditor asserted that the plan was not feasible and moved for relief from the automatic bankruptcy stay.
Ruling: 
Relief from stay granted to allow mortgage creditor to foreclose where proposed chapter 11 plan was unconfirmable and there was no reasonable chance of effective reorganization.
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United States Trustees Office v. McKittrick (In re McKittrick)

In a chapter 7 bankruptcy case, plaintiff, the United States Trustee, filed an adversary complaint against defendant debtor, seeking a determination that, per 11 U.S.C. § 727(a)(8), as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the 2005 Act), debtor was not eligible to receive a chapter 7 discharge.
Ruling: 
Extension of waiting period from six to eight years was not impermissibly retroactive and barred debtor's second case in seven years.
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Joe Hand Prods. v. Cain

Defendants, a corporation and its director, filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff production company's claims that the corporation and its director were liable under 47 U.S.C. §§ 553 and 605 of the Communications Act of 1934, as amended, for wrongfully intercepting and exhibiting a pay-per-view televised boxing event.
Ruling: 
Creditor who did not receive notice was not bound by confirmation order and its claims were not discharged.
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Taunton Mun. Lighting Plant v. Enron (In re Enron Corp.)

Appellant, a municipal public power utility, sought review of an order of the bankruptcy court disallowing and expunging the utility's proof of claim filed against appellee debtor.
Ruling: 
Former version of section 502(g) clearly required damages to be calculated as of day prior to petition date in which case creditor utility suffered no damages.
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Wells Fargo Bank v. Alexander (In re Alexander)

Respondent debtor filed a motion for a stay pending appeal of an order, which granted movant creditor's request for relief from the automatic stay and for in rem relief.
Ruling: 
Motion for stay pending appeal of order for relief from stay absent facts supporting likihod of success.
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In re Boca Del Rio Props.

Appellant chapter 11 debtor sought judicial review of order by the bankruptcy court dismissing its bankruptcy proceeding. The debtor filed a motion for a stay of the order pending appeal.
Ruling: 
Stay pending appeal of dismissal denied due to harm to secured creditor.
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Hall v. Jackson

Plaintiff creditor filed an adversary complaint for an exception to discharge under 11 U.S.C. § 523(a)(2)(A). Defendant debtor filed a counterclaim for attorney fees under section 523(d).
Ruling: 
$53,000 charged by debtor to sister's credit card was dischargeable absent fraudulent intent.
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In re Davis

A debtor filed a motion to extend the automatic stay, pursuant to 11 U.S.C. § 362(c)(3), in her chapter 13 bankruptcy case. A creditor objected to the motion on the ground that the debtor was unlikely to be able to make the proposed plan payments.
Ruling: 
Extension of stay granted where prior case was dismissed for failure to make chapter 13 plan payments and it appeared debtor would be able to fund plan in second case.
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In re RNI Wind Down Corp.

Debtor moved for an order, pursuant to Fed. R. Bankr. P. 9019, approving an amendment to a stipulation and agreement of settlement of multiple derivative actions in the district court. Intervenor, a dissenter from the settlement, moved for relief from the automatic stay pursuant to 11 U.S.C. § 362, concerning the series of derivative suits that were filed against debtor, its directors and officers.
Ruling: 
Bankruptcy court did not abstain from and approved amendment to stipulation and agreement of settlement of multiple derivatice actions.
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