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.

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.
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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.
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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.
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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 who was not eligible for exemptions in filing state due to insufficient residency or state of former residence could claim exemptions under bankruptcy code.
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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.
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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.
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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: 
Law firm that was a prominent filer of chapter 13 petitions ordered to disgorge excesive fees in routine cases.
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Naylor v. New Jersey Higher Educ. Student Assistance Auth. (In re Naylor)

Plaintiff debtor sought a determination that a student loan debt owed to defendant creditor was discharged pursuant to 11 U.S.C. § 727 rather than was nondischargeable pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Student loan debt was discharged upon finding of undue hardship
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Advanced Imaging Ctr. Of N. Ill. LP v. Cassidy (In re Cassidy)

Chapter 11 creditors filed motions for judgment on the pleadings in their adversary proceedings, which alleged that the debts owed by debtor were not dischargeable pursuant to 11 U.S.C. §§ 523(a)(2)(A), (a)(4) and (a)(6). Debtor filed cross motions for summary judgment.
Ruling: 
Arbitrator's finding of fraud did not estop debtor from arguing dischargeability of debt where issues and standards were not identical.
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Walsh v. Benson

Appellant debtor appealed the opinion and order of the bankruptcy court which held that the debtor's Individual Retirement Account ("IRA") was neither excluded from the bankruptcy estate under 11 U.S.C. § 541(c)(2) nor exempt under 11 U.S.C. § 522(d)(10)(E). Appellee trustee opposed the appeal.
Ruling: 
Bankruptcy court erred in concluding that IRA was not eligible for exemption.
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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.
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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.
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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.
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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.
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