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.

Haskell v. Goldman Sachs & Co. (In re Genesis Health Ventures Inc.)

Plaintiff former debenture holders appealed the decision of the bankruptcy court, which granted a motion to dismiss their complaint alleging that defendants, a debtor and its creditors, committed fraud or made grossly negligent misrepresentations regarding the debtor's value during the period leading up to the confirmation of its bankruptcy reorganization plan.
Ruling: 
Court affirmed finding that fraud claims against debtor were time barred but remanded the case for determination of whether section 1144 applied to claims against other creditors.
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In re Uzialko

Movant chapter 13 debtors filed a motion to compel respondent United States, on behalf of its agency, the IRS to consider an offer-in-compromise submitted by the debtors during the pendency of their bankruptcy case. The court held a hearing on the motion
Ruling: 
Debtor's motion to compel IRS to consider debtor's offer-in-compromise rather than proceed under plan confirmation process was denied.
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In re Bus. Intelligent Sys. LLC

Before the court was a Final Application for Approval of Compensation for Services Rendered by debtor's counsel (the firm) during the period July 1, 2003 through June 15, 2005, and the objection of debtor and three individuals thereto.
Ruling: 
Court approved an application for payment of legal fees by the estate's counsel since the fees were actual and necessary.
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Moore v. Hermes (In re Hermes)

Plaintiff landlord filed an adversary proceeding against defendant debtors to have a rent obligation that the debtors owed to the landlord declared as a nondischargeable debt pursuant to 11 U.S.C. § 523(a)(4). The debtor farmed land that was owned by the landlord and had written a dishonored check for the rent payment.
Ruling: 
Debtors'rent obligation was deemed dischargeable since the landlord had no evidence of fraud, defalcation, larceny, or embezzlement.
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Shadwick v. United States Dept of Educ. (In re Shadwick)

Plaintiff debtor filed an adversary proceeding against defendants, creditors, to determine the dischargeability of certain student loan obligations pursuant to 11 U.S.C. § 523(a)(8).
Ruling: 
Debtor was denied a request to discharge student loans since both debtor and debtor's spouse had potential to earn a good income despite their lack of effort.
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In re Miotto

The matter was before the court on the motion to dismiss the chapter 13 petition brought by the chapter 13 trustee for debtor's failure to comply with 11 U.S.C. § 109(h)(1). In response, debtor filed a motion to waive the counseling requirement.
Ruling: 
Debtor was denied a motion to waive the prefiling credit counseling requirement since the debtor failed to file a counseling certification and describe the circumstances of any potential exigent circumstances.
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Scherer v. Quality Communs. Inc. (In re Quality Communs. Inc.)

Plaintiff chapter 7 trustee asserted claims against defendants under 11 U.S.C. § 548 and 11 U.S.C. § 547. The trustee filed a motion for leave to file an amended complaint.
Ruling: 
Trustee was denied motion to amend complaint due to the untimely filing of the motion and the undue prejudice to the defendants.
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In re Easthope

Petitioner debtor filed a motion for an extension of the automatic stay beyond the 30-day period provided for in 11 U.S.C. § 362(c)(3)(A). Respondent creditor filed a motion for an order under section 362(c)(4)(A)(ii) confirming that no automatic stay was in effect and that the debtor had not overcome the presumption that his case was not filed in good faith.
Ruling: 
Creditor's request for order confirming no automatic stay was in effect was denied since section 362(c)(3) applied and automatic stay went into effect for period of 30 days from current filing.
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In re Moon

The matter before the court was debtors'motion to extend the automatic stay as to debtors pursuant to 11 U.S.C. § 362(c)(3)(B), and for clarification as to the effect of the automatic stay as to their property and as to property of the estate in their bankruptcy case. An objection was filed by a creditor.
Ruling: 
Automatic stay expired since debtors chose a hearing date regarding an extension request that was more than 30 days after filing.
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NSC Creditor Trust v. BSI Alloys Inc. (In re Natl Steel Co.)

Plaintiff trust brought an adversary proceeding against defendant contractor, seeking to avoid, as preferences, prepetition payments made by the chapter 11 debtor. The contractor asserted a new value defense under 11 U.S.C. § 547(c)(4) and an ordinary court defense under 11 U.S.C. § 547(c)(2). The trust moved for summary judgment as to three transfers. The contractor also moved for summary judgment.
Ruling: 
Avoidance of prepetition payments was denied since the transfers were deemed made in the ordinary course of business.
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In re Quarterman

The debtor filed for bankruptcy relief under chapter 13. The debtor filed a proposed plan and filed a motion for confirmation of the plan. The chapter 13 trustee objected to confirmation of the plan.
Ruling: 
Trustee's objection to proposed chapter 13 plan was overruled, but court rejected debtor's argument that only debtors with monthly income above state family income median were required to contribute disposable income to plan.
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In re Mars

The trustee filed a motion to dismiss debtors' chapter 7 bankruptcy proceeding, pursuant to former 11 U.S.C. § 707(b), on the basis that debtors were capable of funding a chapter 13 plan that would pay a significant amount to their unsecured priority creditors.
Ruling: 
Dismissal of debtor's case was denied since debtor did not have to choose chapter 13 over chapter 7 solely because a payment plan was feasible.
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Anstine v. Centex Home Equity Co. LLC (In re Pepper)

Defendant creditor appealed a judgment entered by the Bankruptcy Court for the District of Colorado in favor of plaintiff chapter 7 trustee avoiding a transfer made by the debtors to the creditor pursuant to 11 U.S.C. § 547(b). The transfer at issue was the creditor's recording of a deed of trust seven months and 18 days after the loan transaction. The creditor argued that the transaction was exempt under 11 U.S.C. § 547(c).
Ruling: 
Creditor was denied an appeal of a transfer avoidance judgment since the parties may have intended to make a contemporaneous exchange but in fact delayed recording a deed for seven months.
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In re Niles

Debtor sold her home and netted $118,317, which exceeded the applicable homestead exemption by $18,317. The trustee sought possession of the $18,317 pursuant to 11 U.S.C. § 348(f)(1)(A). The matter was pending resolution by the court.
Ruling: 
Value of chapter 7 estate's interest in proceeds from debtor's postconfirmation, preconversion sale of debtor's home was value given under confirmed chapter 13 plan.
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In re Hayes Lemmerz Intl Inc.

A chapter 11 matter was before the court for decision following trial and briefing on the applications of a lessor for allowance and payment of an administrative expense for damages allegedly sustained to machines it leased to debtor.
Ruling: 
Court granted lessor part of its administrative expense application since lessor showed damages within the allowed time period.
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