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 Gorrenflo

After movant debtor moved for the reopening of her bankruptcy case, she filed a motion under 11 U.S.C. § 554(b) to compel a bankruptcy trustee's abandonment of any interest in certain real property.
Ruling: 
Right to repudiate transfer of property, of which debtor learned post-petition, was property of the estate and could only be exercised by trustee.
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In re New Orleans Paddlewheels Inc.

Movants, a shareholder of chapter 11 debtor and a city, filed motions pursuant to 11 U.S.C. § 1104(a)(1) to appoint a trustee or an examiner. Debtor objected to both motions.
Ruling: 
Chapter 11 trustee appointed due to evidence of malfeasance by president of debtor.
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In re Covington

Movant trustee objected to respondent debtor's exemptions in a $1,000 bank deposit and an automobile in a chapter 7 case. The trustee filed a motion to sell the automobile.
Ruling: 
Disallowance of exemption was not prerequisite to enforcement of domestic support obligation against the exempt property.
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In re Blackaby

The creditor sought a motion to vacate or reconsider an earlier order of the court confirming the debtors' plan under chapter 13. The debtors objected to the motion.
Ruling: 
Creditor was bound by confirmation order given evidence of proper notice and absence of fraud.
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Kelly v. Sallie Mae Serv. (In re Kelly)

Plaintiff, a debtor who filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code, commenced an adversary proceeding against defendants, holders of student loans made prepetition to plaintiff, requesting a discharge of those loans pursuant to 11 U.S.C. § 523(a)(8) of the Bankruptcy Code.
Ruling: 
Undue hardship discharge of student loan debt denied where debtor did not establish that adverse circumstances would continue or that she had made good faith efforts to repay.
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EZ-Heat Concrete Homes Inc. v. Mertens (In re Mertens)

Plaintiff creditor filed an adversary complaint for a declaration that the amount owed by defendant debtor on a construction contract was nondischargeable under 11 U.S.C. § 523(a)(2)(A).
Ruling: 
Secured debt was nondischargeable where debtor settled the claim just prior to filing with intention of challenging the lien in bankruptcy.
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Southeast Landco LLC v. 150 Beachview Holdings LLC

Plaintiff brought an action against defendant, an owner of a leasehold, alleging a breach of a real estate contract as a result of a foreclosure sale of the owner's leasehold. The owner filed a motion to dismiss for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1). Plaintiff has asserted federal question jurisdiction under 28 U.S.C. § 1334 as a matter related to a bankruptcy proceeding of a non-defaulting interest holder.
Ruling: 
Dispute between nondebtors over rights under rejected lease was not related to bankruptcy.
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In re Hennerman

The matter came before the court for hearing on a letter filed with the court by a chapter 13 debtor, which alleged that she had not received all the documents for which she had contracted with an internet-based bankruptcy petition provider and that some of the documents she did receive were not usable.
Ruling: 
Petition preparer sanctioned for failing to provide debtor with all of the necessary documents in the proper form for filing under chapter 13.
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Hanrahan v. Walterman - The Rental Co. (In re Walterman Implement Inc.)

Plaintiff chapter 7 trustee and defendant rental company filed motions for summary judgment on the trustee's claim that the transfer by the debtor's owner of his stock in the debtor to the rental company was void in violation of the automatic stay under 11 U.S.C. § 362 and was a voidable postpetition transfer under 11 U.S.C. § 549.
Ruling: 
Postpetition stock transfer by corporate debtor's owner was avoidable.
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Kelly v. Alter (In re Alter)

Plaintiff creditors, debtor's mother and stepfather, commenced an adversary proceeding against defendant debtor to determine whether a debt due and owing to them was nondischargeable under 11 U.S.C. § 523(a)(2)(A), pursuant to which a monetary debt was nondischargeable to the extent obtained by false pretenses, a false representation, or actual fraud.
Ruling: 
Debtor's recording of deed of trust in favor of girlfriend was intended to defraud creditors and resulted in nondischargeable debt.
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Northwest Airlines Corp. v. Association of Flight Attendants CWA (In re Northwest Airlines Corp.)

Pursuant to § 2 (First) of the Railway Labor Act ("RLA"), 45 U.S.C. § 152, appellant airline filed a motion for a preliminary injunction enjoining appellee, a flight attendants union, from carrying out threats to engage in a labor strike. The bankruptcy court denied the airline's motion on the ground that the Norris-LaGuardia Act, 29 U.S.C. § 101 et seq., deprived it of jurisdiction to issue an injunction. The airline appealed.
Ruling: 
Denial of injunction to prevent flight attendants' union strike over rejection of collective bargaining agreement reversed and remanded.
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Mukamal v. Enriquez (In re Rx Cardiovascular Specialties Inc.)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to recover a payment and other transfers as preferences pursuant to 11 U.S.C. §§ 547 and 550. The trustees subsequently filed an amended complaint seeking avoidance and recovery of the payment as an unauthorized postpetition transfer pursuant to 11 U.S.C. § 549. The trustee filed a motion for partial summary judgment on the section 549 claim.
Ruling: 
Contemporaneous exchange for new value and ordinary course of business defenses to avoidance are not available with respect to postpetition transfers.
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In re Parker

Chapter 7 trustee filed a motion for an order requiring debtor to turn over certain tax refunds, which consisted of an Earned Income Tax Credit ("EITC") and a Child Tax Credit ("CTC"). Trustee also objected to debtor's claimed exemption in the refunds.
Ruling: 
Earned income tax credit was property of the estate.
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In re Keaty

Chapter 13 debtor moved for sanctions against a certain individual, claiming the individual violated the automatic stay under 11 U.S.C. § 362(a). Debtor alleged, inter alia, that a certain person, on behalf of the individual, contacted an attorney representing debtor in a matter not related to the instant case, regarding settlement of the individual's claim against debtor.
Ruling: 
Non-coercive, non-harrassing, postpetition settlement offer, following pattern of prepetition talks, did not violate stay.
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