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 Jacobs

The court earlier entered its Order and Notice re: Opportunity to Request Hearing under 11 U.S.C. § 727(a)(12) to Bar Entry of Discharge, which gave notice to any party in interest to debtor's case that a request for a hearing to consider barring the entry of debtor's discharge needed to be filed within 21 days of the entry of the court's order. Before the court was the one such request it received, from debtor's landlord.
Ruling: 
Request for hearing to bar entry of discharge under section 727(a)(12) was denied since debtor elected to use federal exemptions not state and local ones.
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Skiba v. Andrzejewski (In re Andrzejewski)

Respondent debtors had filed a voluntary petition for bankruptcy relief pursuant to chapter 7. Movant trustee objected to a claimed exemption by the debtors for amounts in an Individual Retirement Account ("IRA"), to the extent the claim exceeded the amount allowed under 11 U.S.C. § 522(d)(5), and the trustee objected to a claimed exemption for personal injury payments received.
Ruling: 
Debtors were allowed to exempt a personal injury award and a portion of their IRA account.
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In re Duffus

A bankruptcy case was before the court on the trustee's motion for an order dismissing debtors'case pursuant to 11 U.S.C. § 521(e)(2)(B).
Ruling: 
Trustee was denied a motion to dismiss debtor's case since the trustee had the authority to waive an untimely delivery of documents and since a dismissal was contrary to the interests of the estate and creditors.
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In re Calderon

Debtor filed a pro se bankruptcy petition and a statement regarding her failure to obtain the credit counseling required by 11 U.S.C. § 109(h)(1) prior to filing the petition.
Ruling: 
Case was dismissed since debtor did not meet the prefiling credit counseling exception under section 109(h)(3).
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In re Tomasini

A bankruptcy debtor's motion to extend the automatic bankruptcy stay under 11 U.S.C. § 362(c)(3) was denied based on the debtor's lack of good faith in filing his bankruptcy petition after a prior petition was dismissed. The bankruptcy court considered whether the debtor showed good faith under 11 U.S.C. § 1325(a)(7) to warrant confirmation of the debtor's chapter 13 plan.
Ruling: 
Court ruled that good faith determinations differed between sections 362(c)(3) and 1325(a)(7), but the court required further hearings as to whether the debtor was subjectively motivated to file in good faith.
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In re Bryant

Debtors filed a motion to hold the IRS in contempt and impose sanctions for violating the discharge injunction of 11 U.S.C. § 524. The IRS moved to quash the debtors'motion.
Ruling: 
Court ordered the IRS to show cause why it should not be held in contempt for violating a discharge injunction by attempting postdischarge to collect trust fund taxes.
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Goldberg v. Countrywide Home Loans Inc. (In re Seaway Intl Transp. Inc.)

Plaintiff trustee filed an action against defendant bank alleging that payments that the debtors had made to the creditor, to make mortgage payments that were owed to the creditor by the debtors'principal owner, were fraudulent transfers that could be recovered for the benefit of the debtors'estates, pursuant to 11 U.S.C. §§ 544 and 548.
Ruling: 
Transfers were deemed not fraudulent since debtors received reasonably equivalent value by compensating their principal owner solely by making the owner's mortgage payments in exchange for the owner's services.
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Hughes v. Wells (In re Wells)

Plaintiffs, a prison inmate and his daughter as his attorney in fact, brought an adversary proceeding against defendant bankruptcy debtor, the inmate's former attorney, alleging that the attorney retained fees paid by the daughter which the attorney did not earn. The bankruptcy court conducted a trial concerning whether a debt existed and whether it was nondischargeable under 11 U.S.C. § 523(a)(2)(A), (a)(4) and (a)(6).
Ruling: 
Court ruled fees collected in advance by a debtor former attorney of the creditor for services that later did not need to be performed were dischargeable since the attorney debtor did not cause willful or malicious injury to the creditor.
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Fliss v. Iowa Dept of Revenue (In re Fliss)

Plaintiff debtor filed a chapter 7 petition. The debtor brought an action against defendant Iowa Department of Revenue ("IDR") to determine that her income tax liabilities to the state of Iowa were discharged. The IDR asked that the unpaid taxes be excepted from discharge because her tax returns were fraudulent and because she willfully attempted to evade or defeat the taxes.
Ruling: 
Debtors' state income tax liabilities were deemed nondischargeable since the debtor had intentionally omitted embezzled money from the debtors'state tax returns.
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In re G.L. Bryan Invs.

A class of creditors held over $591,000 of the debtor's approximately $601,177 in unsecured debt as a result of a state court judgment against the debtor. The issues were whether these creditors were impaired under the debtor's fourth amended chapter 11 plan because (1) they were not receiving immediate payment of the amounts due, and (2) the interest rate under which they were to be paid was reduced from the state court judgment amount.
Ruling: 
Court ruled that debtor's fourth amended chapter 11 plan impaired creditors due to deferred payments and reduced interest rate on the judgment debt and, thus, entitled creditors to vote on debtor's second amended plan.
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Kapila v. WLN Family Ltd. Pship (In re LeNeve)

Plaintiff chapter 7 trustee, having established that debtor fraudulently operated numerous businesses as instrumentalities and alter egos of himself, completely disregarding the legal status thereof, sought to recover a total of $957,215 in purportedly fraudulent transfers received by defendant, an investor in debtor's schemes, pursuant to 11 U.S.C. § 548(a)(1)(A) and Fla. Stat. § 726.105(1)(a)
Ruling: 
Fraudulent transfer claims were dismissed since debtor received value in making transfers and was repaying investor with no shown fraudulent intent.
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Goodman v. Highland Software LLC (In re Webusenet Inc.)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid an alleged transfer as preferential pursuant to 11 U.S.C. §§ 547 and 550. The creditor moved to dismiss.
Ruling: 
Court denied creditor's motion to dismiss preferential transfer claim.
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River Valley Fitness One Ltd. Pship v. City of Lebanon (In re River Valley Fitness One Ltd. Pship)

Pursuant to 11 U.S.C. § 505(a), plaintiff debtor commenced an adversary proceeding against defendant city seeking to have the bankruptcy court determine the debtor's tax liability to the city for tax years beginning April 1, 2001, 2002 and 2003 and any subsequent tax years and reduce the debtor's tax assessment to reflect the market value of the debtor's real property adjusted by the city's equalization ratio.
Ruling: 
Court found that the debtor's tax liability to a city for its fitness club space was to be determined from the rental value of the space, which was based on the actual income of the debtor's fitness club operations.
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In re Chapin Revenue Cycle Mgmt. LLC

Creditor objected to confirmation of the debtor's proposes chapter 11 plan on the basis that the requirements of 11 U.S.C. § 1129 (a)(11) and (b)(2)(A) were not met. The creditor argued that the plan was not feasible, and that the plan improperly treated the creditor's unaccepting secured claim. The debtor moved for a cramdown.
Ruling: 
Court granted debtor's motion for cramdown and confirmed chapter 11 plan.
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Goodman v. Parker (In re Parker)

Plaintiff attorney filed an action against defendant debtor seeking a permanent injunction against the debtor to stop the debtor from continuing to prosecute a state court legal malpractice action asserted against the attorney. In earlier proceedings, the court had issued a preliminary injunction to enjoin prosecution of the state court proceedings.
Ruling: 
Attorney was granted a permanent injunction to stop the debtor from continuing an action against the attorney since the cause of action was estate property and had been sold to the attorney's insurer.
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