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.

Bala v. Kaler (In re Racing Servs.)

Appellant claimant sought review of a decision of the Bankruptcy Court for the District of North Dakota, which ordered that the claimant's administrative expense claim against the bankruptcy estate of appellee debtor for postpetition rent be subordinated to all other allowed claims.
Ruling: 
Court affirmed the bankruptcy court's order that equitably subordinated an application for unpaid postpetition rent to all other allowed claims including criminal judgments involving inequitable conduct that injured creditors.
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In re OptInRealBig.com LLC

The chapter 11 jointly administered debtors, an individual and his e-mail advertising company, filed a joint motion to dismiss their cases under 11 U.S.C. § 1112(b). One creditor objected.
Ruling: 
Joint motion to dismiss chapter 11 cases was granted since dismissal was in best interest of most creditors.
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Jamrose v. DAmato (In re DAmato)

Defendant debtors challenged an order of the Bankruptcy Court for the Eastern District of Missouri, which granted summary judgment in favor of plaintiff customers on their complaint that unliquidated debts allegedly owed to them by the debtors were nondischargeable under 11 U.S.C. § 523(a)(6).
Ruling: 
Judgment of nondischargeability was reversed since the customers had not shown debtors'conduct injured them.
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In re Gill

A chapter 11 matter was before the court on (1) debtor's Verified Motion for Summary Judgment, and (2) the United States'Motion for Summary Judgment. Both motions related to a Motion for Order to Show Cause filed by debtor.
Ruling: 
IRS did not violate discharge injunction since taxes IRS sought to collect were not discharged or were nondischargeable obligations.
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In re Almond

In this chapter 7 action, the trustee filed a motion to dismiss pursuant to 11 U.S.C. § 707(b).
Ruling: 
Trustee's motion to dismiss case was granted due to debtor understatement of spouse's income and to debtor incurring consumer debt beyond means.
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Countryman v. Prue

Appellant creditor brought an adversary proceeding in the bankruptcy court. The bankruptcy court denied the creditor's motion for leave to proceed in forma pauperis in the adversary proceeding and on appeal. The creditor appealed the denial of her motion.
Ruling: 
Court affirmed bankruptcy court finding that it did not have authority to waive filing fees for creditor.
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Columbiana County Sch. Emples. Credit Union Inc. v. Cook (In re Cook)

Appellant creditor challenged the Bankruptcy Court for the Northern District of Ohio's order denying its motion for default judgment and dismissing its complaint against appellee debtor without prejudice.
Ruling: 
Creditor was denied a motion for summary judgment since the creditor did not allege a prima facie case of discharge by fraud.
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Rain Bird Corp. v. Milton (In re Milton)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that a state-court judgment against the debtor for tortious interference with contract and business relations, misappropriation of trade secrets, and breach of fiduciary duty was not dischargeable under 11 U.S.C. § 523(a)(4) and (6). The creditor and the debtor cross-moved for summary judgment.
Ruling: 
Debts were deemed nondischargeable due to willful and malicious injury of creditor in misappropriating trade secrets and due to fiduciary defalcation.
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In re May

Before the court was debtors'motion to avoid judicial lien, pursuant to 11 U.S.C. § 522(f), opposed by the creditor.
Ruling: 
Lien on debtors'homestead was deemed avoidable since the extent of impairment of debtors'homestead exemption was greater than lien amount.
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In re Exide Techs.

Debtors and debtors in possession sought approval from the court to reject certain agreements entered into with a purchaser for the sale of substantially all of debtor's industrial battery division.
Ruling: 
Motion to reject certain agreements for the sale of a division of debtor to purchaser was granted since the agreements were deemed executory.
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Forklift Liquidating Trust v. Custom Tool & MFG. Co. (In re Forklift LP Corp.)

Plaintiff, a chapter 11 bankruptcy debtor's successor in interest, filed an action against defendant, a manufacturer that supplied parts to the debtor, pursuant to 11 U.S.C. § 547 seeking to avoid alleged preferential transfers made to the manufacturer. The court conducted a bench trial and thereafter issued a memorandum containing its findings of fact and conclusions of law as required under Fed. R. Civ. P. 52.
Ruling: 
Payments to manufacturer were deemed preferential transfers since the manufacturer failed to show the transfers were made in the ordinary course of business.
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Tradex Corp. v. Morse

The sole shareholder of appellant debtor in possession sought reversal, on behalf of the debtor, of a bankruptcy court's appointment of a trustee to take possession of the debtor as part of voluntary chapter 11 bankruptcy proceedings. The debtor objected to the motion to appoint a trustee, arguing that appellee trustee had not met her burden of establishing the need for such an appointment under 11 U.S.C. § 1104(a)(1) or (2).
Ruling: 
Appointment of a trustee was affirmed since "cause" was established showing the need for such an appointment.
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In re Jones

The debtor's attorney filed a fee application requesting approval of fees of $1,917.85 plus costs of $74.33. The bankruptcy court had awarded $500.00 in fees and $74.33 in costs. On appeal, the district court remanded the fee application for determination consistent with the Sixth Circuit's decision in Boddy.
Ruling: 
Attorney was compensated only for those hours reasonably expended to file the case and obtain the stay since the attorney should have advised debtor that filing a chapter 13 plan was not feasible.
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Prado v. Cash Am. Advance Inc. (In re Prado)

Plaintiff debtor filed an adversary proceeding seeking damages, sanctions, and attorneys fees for violation of 11 U.S.C. § 362. Defendant pawnbroker moved for dismissal, or in the alternative, summary judgment.
Ruling: 
Debtor had a colorable claim against pawnshop creditor for violating the automatic stay by enforcing its lien on the debtor's collateral since debtor's right to recover the collateral existed at the time of filing.
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Rieser v. Hayslip (In re Canyon Sys. Corp.)

Plaintiff chapter 7 trustee filed an adversary proceeding against several defendants, who were former investor clients of the debtor, seeking to avoid transfers from the debtor under both 11 U.S.C. § 548 and the Ohio Uniform Fraudulent Transfers Act ("UFTA") (exercising his "strong-arm" powers under 11 U.S.C. § 544(b)). The parties filed cross-motions for partial summary judgment.
Ruling: 
Transfers were deemed avoidable since they were made with actual intent to hinder, delay, or defraud creditors.
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