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.

Lover v. Rossman & Co. (In re Lover)

Plaintiff, a discharged bankruptcy debtor, brought an adversary proceeding against defendant creditor, alleging that a discharged debt to the creditor was still being reported to credit agencies, in violation of the discharge injunction provided by 11 U.S.C. § 524. The creditor moved for summary judgment, and the debtor did not respond to the motion.
Ruling: 
Debtor failed to show that a creditor had violated a discharge injunction by continuing to report a discharged debt to credit agencies.
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Oliver v. Samadi (In re Oliver)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant secured creditor, challenging the extent of the creditor's claim. Upon remand from the district court, the bankruptcy court considered issues related to the creditor's entitlement to interest and punitive damages which were unresolved by prior orders.
Ruling: 
Creditor was entitled to postpetition and postdischarge interest on untimely loan repayments but not late charges and expenses since the latter were not provided for by agreement.
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In re Mulkey

After filing for chapter 13 bankruptcy protection, the debtors proposed a plan that provided for disparate treatment of unsecured creditors, namely the debtors proposed paying a higher amount on educational loans than on the debts owed to other unsecured creditors. The chapter 13 trustee objected to the confirmation of the debtors' plan under 11 U.S.C. § 1322, alleging that it discriminated unfairly against general unsecured claims.
Ruling: 
Debtors were denied confirmation of their chapter 13 plan where the plan unnecessarily favored education loan creditors over other unsecured creditors.
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Meininger v. Khanani (In re Khanani)

Plaintiff trustee filed an objection to defendant debtor's discharge in chapter 7 bankruptcy.
Ruling: 
Debtor was denied discharge where the debtor failed to provide trustee with subpoenaed books and records and made false statements regarding a property transfer.
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In re Penney

The chapter 7 trustee filed an application to employ counsel. Proposed counsel and his firm represented a secured creditor with a claim against the bankruptcy estate. The issue was whether an actual conflict of interest existed with respect to counsel's dual representation of the creditor and the estate.
Ruling: 
Court denied a trustee's application to employ counsel due to an actual conflict of interest in counsel representing a creditor and the estate.
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Jung Bea Han v. Ge Capital Small Bus. Fin. Corp.(In re Jung Bea Han)

Pursuant to 11 U.S.C. § 362(a)(3), plaintiff chapter 13 debtor filed an adversary proceeding against defendant creditor, seeking compensatory and punitive damages for the creditor's alleged violation of the automatic stay. The creditor filed a supplemental motion for summary judgment.
Ruling: 
Debtor awarded damages where creditor was deemed to have willfully violated the automatic stay by directing debtor to pay a higher interest rate than was required.
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In re Toms Foods Inc.

The chapter 11 debtor in possession filed an expedited motion for authorization to schedule an auction for the sale of substantially all of the debtor's assets free and clear of all liens, claims, and interest. The motion also requested approval of certain bidding procedures which would govern the auction.
Ruling: 
Expedited motion authorizing scheduling of auction of most of debtor's assets was granted since sale would later have to be reviewed and approved by the court.
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In re Bailey

After the debtors'chapter 13 case was dismissed, but before movant chapter 13 trustee could distribute the accumulated plan payments to the debtors, a creditor served the trustee with a garnishment under Oregon law. The trustee moved for instructions on whether the trustee was required to honor the state law garnishment for the plan payments collected prior to dismissal.
Ruling: 
Debtors were entitled to return of funds held by a trustee following dismissal of their unconfirmed chapter 13 case over a creditor's state garnishment claim.
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Kennesaw Drywall & Supply Inc. v. Davis (In re Davis)

Plaintiff creditor sued defendant debtor, alleging that its claim against the debtor was nondischargeable under 11 U.S.C. § 523(a)(4) as either defalcation by a fiduciary or as embezzlement. The creditor moved for a default judgment and a hearing was held.
Ruling: 
Creditor who employed debtor attorney as a debt collector was denied summary judgment on defalcation by a fiduciary claim except as to the amount the attorney collected for the creditor.
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In re Reams

Bankruptcy debtors asserted that the United States government unreasonably and wrongfully delayed payment to the debtors, as tobacco farmers, under a Tobacco Transition Payment Program ("TTPP"). The debtors contended that the delay caused additional interest to accrue on loans the debtors otherwise would have paid under their confirmed chapter 12 plan, and the debtors moved for sanctions against the government.
Ruling: 
Debtors were denied sanctions motion against the government since the government's delay in payment to the debtor tobacco farmers was brief and not made in bad faith and since the government had not attempted to collect a debt in violation of the automatic stay.
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In re Enron Corp.

Chapter 11 debtors objected to claimant's proof of claim.
Ruling: 
Objection to a proof of claim for contractual damages was sustained where the Code required that damages'calculation be fixed as of a prefiling date not as of the actual contract rejection date, which was postfiling.
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Jamrose v. DAmato (In re DAmato)

Defendant debtors filed a voluntary petition for relief under chapter 7 of the Code. Plaintiff creditors filed an adversary proceeding to have the debtors'debt to the creditors, and others similarly situated, deemed nondischargeable under 11 U.S.C. § 523(a)(6) (2002). The creditors filed a motion for summary judgment under Fed. R. Bankr. P. 7056.
Ruling: 
Debt was deemed nondischargeable where the debtors had willfully and maliciously caused injury to the creditor customers by using fraudulent marketing efforts.
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Tift County Hosp. Auth. v. Nies (In re Nies)

An adversary proceeding was before the court on a motion for summary judgment filed by plaintiff creditor through which it sought a judgment that a debt owed to it by defendant debtor was a nondischargeable consolidated student loan under 11 U.S.C. § 523(a)(8). Debtor opposed the motion.
Ruling: 
Court denied hospital creditor's motion to declare loan to doctor debtor in exchange for the doctor providing four years of service as nondischargeable since the loan was not an education loan.
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In re Salazar

The chapter 7 trustee and the attorney for the trustee both filed applications for fees.
Ruling: 
Court compensated trustee and trustee's attorney based on funds actually distributed from the estate and rejected their "constructive disbursement"theory.
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Goldschmidt v. Erickson (In re Erickson)

Movant, who was also a discrimination claimant in a state court, commenced an adversary proceeding alleging, inter alia, that a pregnancy discrimination claim of $500,000 brought in the state court was excepted from discharge pursuant to 11 U.S.C. § 523(a)(6). Movant sought relief from the 11 U.S.C. § 362(a) automatic stay. Debtor was the respondent.
Ruling: 
Court granted individual with a state discrimination claim relief from the automatic stay to pursue that claim and saved for later dischargeability ruling on any judgment.
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