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.

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.
ABI Membership is required to access the full summary of Jamrose v. DAmato (In re DAmato). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Champion-Lee

Petitioner debtor filed a motion to convert his chapter 7 case to a chapter 13 case. Respondent chapter 7 trustee objected to the conversion, asserting that the debtor's motion to convert and chapter 13 plan were not proposed in good faith under 11 U.S.C. § 1325(a)(3).
Ruling: 
Court granted debtor's motion to convert case over trustee's claim of debtor bad faith since it appeared debtor could propose confirmable plan and conversion was in best interests of creditors.
ABI Membership is required to access the full summary of In re Champion-Lee. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Diamond v. Gemmel Pharmacy Group Inc. (In re Inland Global Med. Group)

Plaintiff chapter 7 trustee brought an adversary proceeding against defendant creditor, seeking to avoid certain alleged preferential transfers pursuant to 11 U.S.C. § 547(b). The creditor asserted affirmative defenses to the preference claim under 11 U.S.C. § 547(c)(2) and (4). The bankruptcy court conducted a trial.
Ruling: 
Portion of transfers were deemed preferential while portion fell under new value defense.
ABI Membership is required to access the full summary of Diamond v. Gemmel Pharmacy Group Inc. (In re Inland Global Med. Group). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Univ. Ctr. Hotel Inc.

Creditor bank filed a motion for relief from the automatic stay and for a determination of the extent of the creditor's security interest in certain cash accounts currently maintained by the debtor in possession. The court issued findings of fact and conclusions of law.
Ruling: 
Creditor bank was granted relief from the automatic stay and was allowed to recover the cash collateral deposited with creditor since the cash collateral was subject to a lien agreement and did not exceed the cash collateral available on the filing date.
ABI Membership is required to access the full summary of In re Univ. Ctr. Hotel Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of In re May. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of Rain Bird Corp. v. Milton (In re Milton). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of In re Exide Techs.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of In re Gill. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of In re Almond. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of Countryman v. Prue. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.
ABI Membership is required to access the full summary of Columbiana County Sch. Emples. Credit Union Inc. v. Cook (In re Cook). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Comcast of L.A. Inc. v. Sandoval (In re Sandoval)

Plaintiff creditor, a cable television provider, sought a determination that its claim for statutory damages resulting from defendant debtor's alleged violations of anti-piracy and anti- signal theft laws under Cal. Penal Code § 593d was a nondischargeable debt under 11 U.S.C. § 523. The matter was before the court for decision following trial for the creditor to make a prima facie case that the debt was owing and that it was nondischargeable.
Ruling: 
Claim for statutory damages from debtor's alleged theft of cable services was deemed dischargeable debt.
ABI Membership is required to access the full summary of Comcast of L.A. Inc. v. Sandoval (In re Sandoval). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Hughes

The chapter 7 trustee filed a motion for approval of the sale of certain real property, free and clear of any liens, encumbrances or mortgages against the property, and also sought to impose against the proceeds of sale, his fees and expenses, as well as the fees and expenses of his attorney and his real estate broker.
Ruling: 
Trustee was denied motion to impose fee on creditor mortgagee for sale of property since trustee's efforts did not bestow benefit on creditor.
ABI Membership is required to access the full summary of In re Hughes. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Culley Septic Serv. V. Culley Excavation & Septic Serv. (In re Culley)

Plaintiff filed an action in state court against defendant company that was a "doing business as" of the debtor. The debtor removed the lawsuit to the court. The court granted plaintiff's emergency motion for a remand, and then granted the debtor's motion for reconsideration. Upon reconsideration, the court issued findings of fact and conclusions of law.
Ruling: 
Court abstained from adjucating the matter and granted motion to remand the case to state court since the case involved intrastate commerce matters only.
ABI Membership is required to access the full summary of Culley Septic Serv. V. Culley Excavation & Septic Serv. (In re Culley). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Wells Fargo Bank of Texas N.A. v. Sommers (In re Amco Ins.)

Appellant creditor appealed to the District Court for the Southern District of Texas, the bankruptcy court's order granting substantive consolidation. The district court ruled unfavorably to the creditor and the creditor appealed. The significance of the case related to the nunc pro tunc substantive consolidation of the assets and liabilities of a corporation in bankruptcy and its sole shareholder, not in bankruptcy (until afterwards).
Ruling: 
Bankruptcy court erred in applying substantive consolidation nunc pro tunc since the court had authorized pursuit of state court litigation that it later invalidated well after the litigation had ended in a settlement.
ABI Membership is required to access the full summary of Wells Fargo Bank of Texas N.A. v. Sommers (In re Amco Ins.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages