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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 Carter

Counsel for the debtor filed an application for compensation in which he sought approval of additional compensation. The debtor opposed the application.
Ruling: 
Debtor's attorney's attempt to collect additional fees barred by confirmation of plan.
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In re Carter

Counsel for the debtor filed an application for compensation in which he sought approval of additional compensation. The debtor opposed the application.
Ruling: 
Debtor's counsel's attempt to collect additional attorneys' fees was barred by plan confirmation.
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AttorneysTitle Ins. Fund Inc. v. Zecevic (In re Zecevic)

Plaintiff title insurance company filed an adversary proceeding against defendant debtor seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). An order of default was entered in favor of the creditor. The creditor sought to prove up its case by affidavit and proposed findings of fact and conclusions of law seeking a judgment by default that its debt was nondischargeable.
Ruling: 
Debtor fraud was not shown and motion for default judgment was denied since bank opted not to cancel credit line even after it knew of property sale.
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In re Montoya

Debtor filed a motion, pursuant to 11 U.S.C. § 362(c)(3)(B), to continue the automatic stay as to all creditors beyond the 30th day after the filing of her chapter 13 case.
Ruling: 
Debtor was granted motion to continue automatic stay as to all creditors beyond the thirtieth day after filing.
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In re Yeatts Contract of Va. Inc.

Pursuant to 11 U.S.C. § 503(b)(3)(A) and (b)(4), petitioner creditors sought an award of attorneys'fees and costs for filing the involuntary chapter 7 bankruptcy petition against the debtor. Respondent debtor's principal and trustee opposed the award of attorneys'fees.
Ruling: 
Creditors were granted attorneys'fees and costs award for services that benefitted estate but were not granted fees related to motions for relief from stay.
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Robertsons Auto & Truck Inc. v. Novotny (In re Novotny)

A matter to determine dischargeability of a debt pursuant to 11 U.S.C. § 523(a)(2)(B) was before the court for judgment following trial on plaintiff judgment creditor's Complaint to Determine Dischargeability of Debt, and Request for Declaratory Relief. Defendant was the debtor.
Ruling: 
Debt was deemed dischargeable since debtor was not estopped from contesting fraud claim based on state court damages award, and creditor did not establish fraudulent intent.
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In re Raymond

Before the court in a chapter 7 matter was pro se debtor's certification of exigent circumstances.
Ruling: 
Pro se debtor's case was dismissed since debtor's certification of exigent circumstances did not certify that debtor requested credit counseling services but was unable to receive them.
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In re Ott

A chapter 7 matter was before the court on debtors'Motion to Vacate Order of Dismissal under Fed. R. Civ. P. 60(b), and to Permit a Late Filing under Fed. R. Bankr. P. 9006 (Motion to Vacate).
Ruling: 
Motion to vacate dismissal order was denied because the court did not have any discretion to enlarge the time limitations under section 521(i)(1) after the time limits under Rule 9006(b) and "excusable neglect"case law had expired.
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Shapiro v. Art Leather Inc. (In re Connolly N. Am. LLC)

Plaintiff trustee sued defendant accounts receivable seller pursuant to 11 U.S.C. § 550(a)(1), seeking to avoid and recover six prepetition payments that the chapter 7 debtor made to the purchaser of defendant's accounts receivable. Defendant moved for summary judgment.
Ruling: 
Summary judgment regarding avoidance and recovery claim was denied since issues of fact existed as to whether creditor benefitted from the transfers.
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Leibowitz v. Tanglis (In re Tanglis)

Plaintiff chapter 7 trustee filed an adversary complaint objecting to defendant debtors discharge under 11 U.S.C. § 727(a)(3), which provided that a debtor shall be granted a discharge unless the debtor failed to keep or preserve books and records from which the debtor's financial condition could be ascertained. The matter was before the court for findings of fact and conclusions of law.
Ruling: 
Debtors were denied discharge since they failed to keep books and records for which their financial condition could be ascertained.
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In re Jester

Debtor filed a motion for contempt of the automatic stay of 11 U.S.C. § 362(a) against creditor, the Philadelphia Parking Authority ("PPA"), for the latter's postpetition conduct in seizing and impounding debtor's vehicle and selling it to recover the costs of unpaid, prepetition, parking fines and storage costs.
Ruling: 
Debtor was awarded damages for creditor's willful violation of automatic stay.
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In re Frascella Enters.

After the debtor filed for chapter 11 bankruptcy, the debtor filed an application to hire a certain law firm as counsel pursuant to 11 U.S.C. § 327(a), and the unsecured creditors objected.
Ruling: 
Debtor's application to hire counsel denied due to failure to completely disclose prior relationship with law firm.
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Clark v. United States Dept of Educ. (In re Clark)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant U.S. Department of Education seeking a discharge of the debtor's student loan debt to the government based on undue hardship under 11 U.S.C. § 523(a)(8). The bankruptcy court conducted a trial.
Ruling: 
Student loan debt was deemed nondischargeable since debtor's living expenses were excessive and debtor failed to show good faith efforts to repay.
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Am. Express Ceturion Bank v. Chowdhury (In re Chowdhury)

Plaintiff creditor filed an adversary proceeding against defendants, debtors, seeking a determination that its debt was nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A). The creditor filed a motion for default judgment.
Ruling: 
Creditor was granted motion for default judgment since debtors lacked ability to pay credit card charges at time they made them and subsequently.
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Quinn v. Barry (In re Barry)

Plaintiff by her adversary complaint sought nondischargeability, pursuant to 11 U.S.C. § 523(a)(6), of a debt created by a state court verdict and judgment of sexual harassment entered in 2001 against defendant. This adversary proceeding was before the court on remand from the Ninth Circuit after review of a district court order reversing summary judgment ruling in favor of plaintiff.
Ruling: 
Sexual harassment judgment was nondischargeable.
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