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.

In re Turnbull

Debtor husband and wife filed a bankruptcy case under chapter 13. After their amended chapter 13 plan was confirmed, their vehicle was involved in an accident and deemed a total loss. The secured creditor received the insurance proceeds and applied them to its secured claim. The debtors then filed a motion to modify the chapter 13 plan.
Ruling: 
Plan modified solely to allow auto insurance proceeds to be credited against insurer's claim.
ABI Membership is required to access the full summary of In re Turnbull. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Boyd v. Household Auto Fin. (In re Boyd)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor to avoid its lien on the debtors'vehicle as being a preferential transfer under 11 U.S.C. § 547. The creditor did not respond and a default judgment was entered against it. The creditor moved for relief from the default judgment pursuant to the "excusable neglect" standard of Fed. R. Civ. P. 60(b)(1), made applicable to bankruptcy by Fed. R. Bankr. P. 9024.
Ruling: 
Creditor's default in adversary proceeding was due to neglect of seven court notices which was not excusable.
ABI Membership is required to access the full summary of Boyd v. Household Auto Fin. (In re Boyd). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Olsen v. Gonzales

Defendants, the U.S. Attorney General and the U.S. Trustee, filed a Fed. R. Civ. P. 12(b)(1) motion to dismiss an action in which plaintiff attorneys challenged 11 U.S.C. §§ 526(a)(1), 526(a)(4), 527 and 528 of the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") as violative of the First Amendment and 11 U.S.C. §§ 526-528 as too vague in violation of the Fifth Amendment's Due Process Clause.
Ruling: 
BAPCPA provisions regarding debt relief agencies did not violate First Amendment.
ABI Membership is required to access the full summary of Olsen v. Gonzales. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Rose

Chapter 13 secured creditor filed a motion for an allowance of an administrative claim under 11 U.S.C. § 503 in an amount representing the value of creditor's secured claim less payments already received under debtor's plan.
Ruling: 
Lien creditor's loss on stripped car allowed as administrative expense claim.
ABI Membership is required to access the full summary of In re Rose. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Provident Bank v. Merrick (In re Merrick)

Plaintiff creditor sued defendant chapter 7 debtor, alleging, inter alia, that the debtor's obligation under a mortgage was not dischargeable under 11 U.S.C. § 523(a)(2)(A) and (B).
Ruling: 
Debtor's misrepresentations regarding ownership of mortgaged property did not result in nondischargeable debt where creditor had access to accurate records.
ABI Membership is required to access the full summary of Provident Bank v. Merrick (In re Merrick). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re MarketXT Holdings Corp.

Movant, a purported creditor, sought an order (i) dismissing debtor's chapter 11 case for lack of subject matter jurisdiction, or in the alternative, (ii) directing the appointment of a chapter 11 trustee.
Ruling: 
Petitioning creditor could not challenge sufficiency of involuntary petition.
ABI Membership is required to access the full summary of In re MarketXT Holdings Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Tidewater Fin. Co. v. Curry (In re Curry)

Appellant creditor challenged an order of the Bankruptcy Court for the Southern District of Ohio, denying its motion to terminate the automatic stay to sell a repossessed motor vehicle, and overruling its objection to confirmation of the chapter 13 plan proposed by debtor based on the plan's "cramdown" treatment of its claim secured by the vehicle.
Ruling: 
Order confirming plan was affirmed since plan satisfied requirements of section 1325 for treatment of creditor's claim.
ABI Membership is required to access the full summary of Tidewater Fin. Co. v. Curry (In re Curry). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

T.K. v. Love (In re Love)

Plaintiff, an individual acting on behalf of a minor child, filed an adversary proceeding against defendant debtor, seeking a determination of nondischargeability under 11 U.S.C. § 523(a)(6) of any damages that the minor may have obtained for the willful and malicious injury caused by the debtor when he sexually molested the minor. The individual moved for summary judgment.
Ruling: 
Damages owed to minor molested by debtor who was working as Santa Claus were excepted from discharge.
ABI Membership is required to access the full summary of T.K. v. Love (In re Love). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Lee

Petitioner, a court-appointed manager, moved for a permanent injunction on behalf of debtor and a motion to close a chapter 15 case filed by debtor in foreign bankruptcy. The motion for permanent injunction was opposed by a corporation. In the foreign bankruptcy case, the corporation had filed a claim for 2.1 billion Korean Won as a secured party.
Ruling: 
Debtor entitled to injunction to prevent recovery of debt in excess of amount provided for in Korean insolvency proceeding without filing adversary proceeding.
ABI Membership is required to access the full summary of In re Lee. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Bauman v. Post (In re Post)

Chapter 7 trustee objected to debtors'discharge under 11 U.S.C. § 727(a)(2) and (4).
Ruling: 
Debtor's prepetition transfers, postpetition transfers to undisclosed account and omissions from schedules warranted denial of discharge.
ABI Membership is required to access the full summary of Bauman v. Post (In re Post). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Cumberworth v. United States Dept of Educ. (In re Cumberworth)

Appellant, the U.S. Department of Education ("DOE"), sought review of a judgment from the Bankruptcy Court for the Northern District of Iowa, which determined that debtor's obligation to the DOE on her student loans was discharged under 11 U.S.C. § 523(a)(8).
Ruling: 
Panel affirmed judgment discharging student loan debt due to undue hardship.
ABI Membership is required to access the full summary of Cumberworth v. United States Dept of Educ. (In re Cumberworth). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Bentley v. Nissan Motor Acceptance Corp. (In re Bentley)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant creditor for violating the automatic stay by postpetition repossession of the debtor's vehicle. In the debtor's main case, the debtor also objected to the creditor's amended proof of claim, and the creditor moved for relief from the stay. The bankruptcy court conducted a trial addressing all of these matters.
Ruling: 
Creditor's knowing repossession of debtor's vehicle was a willfull violation of stay.
ABI Membership is required to access the full summary of Bentley v. Nissan Motor Acceptance Corp. (In re Bentley). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Mirant Corp.

A chapter 11 debtor filed a motion, pursuant to Fed. R. Bankr. P. 9019, for an order approving a settlement agreement with a power company and for the assumption of a facility and capacity credit ("FCC") agreement from the cooperative. The objectors or holders of "Class 3" claims contested the motions.
Ruling: 
Settlement of complex litigation with power company approved as in best interests of estate.
ABI Membership is required to access the full summary of In re Mirant Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Tummel & Carroll v. Quinlivan

On remand from the Fifth Circuit, the court considered whether an individual acted as chapter 7 debtor's agent in negotiating a contract with a judgment creditor and, if so, did the agent's actions amount to conduct that made the debt owed to the creditor by debtor nondischargeable under 11 U.S.C. § 523(a)(2)(A).
Ruling: 
Debt for legal services obtained by debtor's agent through false representations was dischargeable.
ABI Membership is required to access the full summary of Tummel & Carroll v. Quinlivan. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Collins & Aikman Corp. v. Northern Trust Bank of Cal. (In re Collins & Aikman Corp.)

Plaintiffs, corporate debtors, filed a complaint against defendant, the trustee of a grantor trust or "rabbi trust" that the debtors, as employers, established to create a source of funding for otherwise unfunded benefit plans. The complaint sought the turnover of all assets of the trust. The trust beneficiaries moved to intervene claiming they were entitled to the assets of the trust. The debtors moved for summary judgment.
Ruling: 
Debtors were entitled to turnover of "rabbi trust" assets.
ABI Membership is required to access the full summary of Collins & Aikman Corp. v. Northern Trust Bank of Cal. (In re Collins & Aikman Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages