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 Kimsel

A debtor requested a waiver, based on exigent circumstances, of the requirement in 11 U.S.C. § 109(h) that he obtain credit counseling prior to the filing of his chapter 13 bankruptcy petition. The debtor requested an additional 30 days in which to obtain the counseling.
Ruling: 
Foreclosure sale on filing date did not create exigent circumstances sufficient to justify waiver of credit counseling requirement.
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Cillnet Inc. v. Fortin (In re Fortin)

Plaintiff creditor commenced an adversary proceeding to determine the dischargeability of defendant debtor's debt. The complaint was based on 11 U.S.C. § 523(a)(2)(A). The matter was before the court on debtor's motion for summary judgment.
Ruling: 
Deposition testimony could not be challenged by sham affidavits intended to prevent discharge of debt.
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McDaniel v. United States (In re McDaniel)

Plaintiff debtor instituted an adversary proceeding against defendant United States seeking a determination that her federal tax debts were dischargeable pursuant to 11 U.S.C. §§ 523(a)(1) and 507(a)(8)(A). The debtor moved to dismiss both the adversary proceeding and the main case pursuant to 11 U.S.C. § 707(a). The United States and the United States Trustee ("UST") both opposed dismissal.
Ruling: 
Voluntary dismissal granted in case filed solely due to erroneous advice of counsel that IRS debt would be discharged.
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In re Rolling Thunder Gas Gathering LLC

The Official Unsecured Creditors Committee for chapter 11 debtor objected to a claim filed by alleged creditors of debtor.
Ruling: 
Claim based on note from debtor to creditors for assignment to debtor's parent company disallowed.
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Farelli v. Farelli (In re Farelli)

Plaintiff former spouse of a bankruptcy debtor brought an adversary proceeding against the debtor, seeking a declaration that a debt to the spouse arising from the parties'divorce decree was not dischargeable under 11 U.S.C. § 523(a)(5) since it was in the nature of support.
Ruling: 
Cash payment owed by debtor to former spouse pursuant to divorce decree was in the nature of support and excepted from discharge.
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LDS Express Inc. v. Brown (In re Kingway Logistics Inc.)

Plaintiff lessee filed a motion for summary judgment, seeking judgment on its complaint against chapter 7 trustee and its motion for relief from stay, 11 U.S.C. § 362.
Ruling: 
Lessee who purchased debtor lessor note and mortgage was adequately protected and not entitled to relief from stay.
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In re Robinson Foundry Inc.

Debtor filed a voluntary chapter 11 bankruptcy petition. After the deadline for filing a proof of claim had passed, a creditor moved to file an untimely proof of claim pursuant to Fed. R. Bankr. P. 3003(c)(3) and 9006(b)(1). The court held a hearing on the motion.
Ruling: 
Failure of creditor with actual notice of bankruptcy to file timely notice of claim was not due to excusable neglect.
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In re Lemieux

After the debtors filed a voluntary chapter 13 petition, mortgage holder sought relief from the automatic stay pursuant to 11 U.S.C. § 362(g) and objected to the debtors'first amended chapter 13 plan.
Ruling: 
Objection to plan sustained due to incorporation of prohibited balloon payments to mortgagee.
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In re Skaggs

The United States Trustee filed a motion to dismiss the debtors' case pursuant to 11 U.S.C. § 707(b)(2) on the grounds that the filing constituted a substantial abuse of the provisions of chapter 7.
Ruling: 
Case dismissed for substantial abuse due to debtor's excessive monthly income.
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Monnie v. Field (In re Bross)

Appellant closing agent challenged a judgment of a U.S. bankruptcy court, which granted the motion of summary judgment filed by appellee bankruptcy trustee, allowing the trustee to avoid, pursuant to 11 U.S.C. § 544(a)(3), a mortgage in favor of defendant mortgagee on the ground that the mortgage was defective under Ohio Rev. Code Ann. § 5301.01 because it was not signed.
Ruling: 
Mortgage not executed in compliance with state law could be avoided.
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RSM Richter Inc. v. Aguilar (In re Ephedra Prods. Liab. Litig.)

In consolidated products liability litigation in which numerous U.S. consumers sued a Canadian company that marketed a certain diet product in the U.S., petitioner, the monitor in a Canadian insolvency proceeding, moved for an order recognizing and enforcing an order of the Canadian insolvency tribunal that approved a claims resolution procedure for all creditor claims. Respondents, four U.S. claimants, objected to the order.
Ruling: 
Court may recognize and enforce foreign claims liquidation procedure that lacks trial by jury.
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In re Premier Ben. Capital Trust

Movant sought to reopen a chapter 11 case pursuant to 11 U.S.C. § 350(b) and filed an application to proceed in forma pauperis.
Ruling: 
Motion by third party to repoen thirteen year-old case to file interpleader proceeding denied.
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Celli v. First National Bank (In re Layo)

Appellant trustee challenged an order of the District Court for the Northern District of New York reversing a decision of the bankruptcy court and finding that a confirmed chapter 13, 11 U.S.C. § 1301, bankruptcy plan was res judicata and prevented a debtor from avoiding a mortgage held by appellee bank. The mortgage lien, which had been recorded in the land records, was identified in the chapter 13 plan.
Ruling: 
Confirmation order met requirements for res judicata.
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Midland Euro Exchange Inc. v. Swiss Finance Corp. (In re Midland Euro Exchange Inc.)

Plaintiff chapter 7 trustee brought an adversary proceeding against defendants, a foreign exchange brokerage and 10 unnamed defendants, to set aside and recover allegedly fraudulent transfers of at least $897,000 paid by debtor. Two claims for relief were brought under 11 U.S.C. §§ 548(a)(1)(A) and 550(a). The brokerage, a foreign company, moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), made applicable by Fed. R. Bankr. P. 7012(b).
Ruling: 
Fraudulent transfer provisions of Bankruptcy Code do not apply to foreign transfers.
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Lange v. Schropp (In re Brook Valley IV J.V.)

Appellee bankruptcy trustee brought an adversary proceeding against appellants, the principals of bankruptcy debtor partnerships, alleging that the principals breached fiduciary duties by secretly purchasing real properties of the debtor for their own benefit. The principals appealed the judgment in favor of the trustee entered in the Bankruptcy Court for the District of Nebraska.
Ruling: 
Principals of debtor who formed new entities which purchased debtor's properties at foreclosure sale without disclosure to court ordered to turn over excess proceeds and profits.
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