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.

LWD Trucking Inc. v. LWD Inc. (In re LWD Inc.)

Plaintiff United States Trustee brought an adversary complaint against defendant individuals and company, alleging, inter alia, equitable subordination and seeking payment of the trustee's fees. Defendants moved to dismiss the complaint.
Ruling: 
Bankrtuptcy court declined to strike complaint in equitable subordination proceeding that put debtor sufficiently on notice of claims.
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In re Wilson

Debtors filed a voluntary petition in bankruptcy pursuant to chapter 13 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. §§ 101 et seq. Debtors, through their attorney, filed a "Request for Waiver of Completion of Instructional Course Concerning Personal Financial Management Based on Exigent Circumstances" (Extension Request). The trustee objected.
Ruling: 
Debtors case was dismissed for failure to comply with credit counseling requirements.
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Adelphia Communs. Corp. v. The America Channel LLC (In re Adelphia Communs. Corp.)

Plaintiffs, principal debtor and its subsidiaries in jointly administered chapter 11 cases, brought an adversary proceeding against defendants, a cable TV channel and its attorneys, pursuant to Fed. R. Bankr. P. 7065, and Fed. R. Civ. P. 65(b), seeking a temporary restraining order ("TRO") enjoining the prosecution of an antitrust action in Minnesota that sought an injunction restraining the pending sale of the debtors'assets.
Ruling: 
Court granted motion for TRO enjoining state court antitrust action since action violated automatic stay by interfering with estate's ability to dispose of its property.
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In re Thompson

In a previous order, the court struck the debtors' petition for failure to comply with 11 U.S.C. § 109(h)(1). The trustee moved for reconsideration of the court's order, arguing for dismissal of the case rather than the striking of the petition.
Ruling: 
Court upheld its ruling that petition was to be struck rather than case being dismissed for failure to meet credit counseling requirement.
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Peoples Bank v. SAIIA Constr. LLC (In re B&M Props. LLC)

Appellant creditor sought judicial review of a final order entered by the bankruptcy court. The issue was whether abstention doctrines applied to an involuntary bankruptcy case making it an error of law for the bankruptcy court to adjudicate the case before an active state case was resolved.
Ruling: 
Court reversed bankruptcy court since mandatory abstention was required concerning issue of perfection of mechanic's lien pending in state court.
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Global Indus. Techs. V. J.P. Morgan Trust Co. N.A. (In re Global Indus. Techs.)

Respondent indenture trustee filed an unsecured proof of claim which included compensation, attorneys' fees, and expenses that had been incurred as of the date of the bankruptcy was filed. Movant debtors objected to the postpetition portion of the claim.
Ruling: 
Postpetition portion of trustee's claim was denied since sections 502 and 506 did not allow for unsecured claim of postpetition attorneys'fees.
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In re Newby

Creditor, a bank, moved to compel turnover of insurance proceeds paid to cover a total loss of debtors'former residence.
Ruling: 
Oversecured creditor entitled only to insurance proceeds less amount of successful bid at foreclosure after total loss of property.
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Duffy v. Taback (In re Duffy)

Appellant individual challenged a judgment of the bankruptcy court entered in favor of appellee debtor in a chapter 7 adversary proceeding. The judgment held that the debtor's debt designated as "spousal maintenance" was not truly in the nature of alimony or maintenance within the scope of 11 U.S.C. § 523(a)(5), and discharged the obligation.
Ruling: 
Discharge of debt was affirmed since bankruptcy court did not err in finding debt was not in the nature of alimony or maintenance.
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In re Chira

Creditors filed an involuntary chapter 7 petition against debtor under 11 U.S.C. § 303. After her appointment, movant trustee sought to assume an executory contract for the sale of real property and to settle a dispute with respondent purchaser over the ownership of a hotel that he had purchased from a receiver appointed by a state divorce court.
Ruling: 
Trustee's motion to assume executory contract for sale of hotel and to settle dispute with purchaser was granted since contract was in best interests of estate and unsecured creditors.
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Neil v. Lucotch (In re Lucotch)

Plaintiffs filed an adversary proceeding against defendant debtor seeking a determination that a debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(6). Plaintiffs'claim was based on a pending state court action against the debtor for, among other claims, assault and/or battery. The parties filed cross-motions for summary judgment. Plaintiffs also moved for relief from stay to allow them to pursue the state court action.
Ruling: 
Court granted stay relief to allow state court action regarding intentional tort to proceed and elected to wait outcome before deciding nondischargeability issue.
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In re Afolabi

Debtor filed a chapter 13 bankruptcy petition. The issue before the bankruptcy court was whether the debtor had complied with the requirements of 11 U.S.C. § 109(h).
Ruling: 
Debtor's case was dismissed due to failure to satisfy credit counseling requirement.
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In re Burr

Debtor filed a pro se petition for chapter 7 bankruptcy relief. With her petition, she moved for a waiver of the applicable filing fee.
Ruling: 
Debtor's motion to waive filing fee requirement was denied since debtor failed to show inability to pay fee in installments.
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Beaucage v. United States IRS

Appellant debtor challenged an order of the bankruptcy court, which approved appellee IRS's setoff under 26 U.S.C. § 6402 of a refund of her 2004 taxes against an accrued prepetition tax liability.
Ruling: 
Court ruled that IRS' exercised setoff right, applying refund to prepetition tax liability, extinguished debtor's contingent right to refund.
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Thickstun Bros. Equip. Co. v. Encompass Serv. Corp. (In re Thickstun Bros. Equip. Co.)

Appellant debtor sought review of a decision of the Bankruptcy Court for the Southern District of Ohio, which denied the debtor's motion for interpretation and clarification of a plan that was confirmed pursuant to chapter 11.
Ruling: 
Appellate panel held that bankruptcy court had jurisdiction to interpret confirmed plan but did not have jurisdiction over state court ruling.
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In re Rock Rubber & Supply of Conn. Inc.

Movant, a chapter 7 bankruptcy debtor, filed a motion for an order of distribution of secured funds to a creditor bank. Another creditor and the bankruptcy trustee filed objections to the motion. Although the debtor lacked standing to bring the motion because the estate was not solvent, the court assumed that the bank, which had standing, joined the debtor as a movant because its attorney appeared and argued at the hearing on the motion.
Ruling: 
Deposit accounts were property of the estate and not appropriate for distribution to depository bank.
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