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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.

OBrien v. Ravenswood Apts. Ltd. (In re Ravenswood Apts. Ltd.)

Appellants, a trustee and related parties, challenged a decision of the Bankruptcy Court for the Southern District of Ohio, which denied their motion, pursuant to 11 U.S.C. § 365, to compel appellee debtor to make payments under a land installment contract and to assume or reject the contract within a specified time period.
Ruling: 
Appellate panel held that a land installment contract was executory because the trustee continued to hold legal title under the contract and had a future obligation to convey that title, and a material breach by the debtor would excuse the trustee's future obligation to convey legal title.
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Dixon v. LaBarge (In re Dixon)

Appellant bankruptcy debtor filed his bankruptcy petition with a certification that the debtor was unable to obtain debt counseling prior to filing the petition, as required by 11 U.S.C. § 109(h), since a foreclosure sale of his residence was scheduled for the day after the petition was filed. The debtor appealed the order of the Bankruptcy Court for the Eastern District of Missouri which dismissed the debtor's case.
Ruling: 
Dismissal was affirmed since the debtor failed to show exigent circumstances to warrant granting a waiver of the prefiling credit counseling requirement.
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In re Litestream Techs. LLC

The liquidating trustee for the estate and the purchaser of certain assets of the debtor challenged a county's claim for tangible personal property taxes. The instant case was a contested matter under 11 U.S.C. § 505(a) to determine the amount of the county's tax claim. The objecting parties argued that the underlying assessment exceeded "just valuation."
Ruling: 
Court determined that the valuation of the county's tax assessment was not in error.
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In re Lloyd

The chapter 7 matter was before the court on debtor's Motion for Redemption Pursuant to 11 U.S.C. § 722 and the creditor's response thereto.
Ruling: 
Debtor was granted motion for redemption regarding valuation of debtor's vehicle so that the redemption value was reduced by the costs of repair to body damage to the vehicle.
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Merrill v. Texas Guaranteed Student Loan Corp. (In re Merrill)

Plaintiff chapter 7 debtor brought an adversary proceeding against defendant creditor, seeking a finding of undue hardship and an order discharging her student loans pursuant to 11 U.S.C. § 523(a)(8). After the bankruptcy denied the debtor's summary judgment motion, she filed a motion for no ex parte proceedings and a motion for a protective order regarding ex parte proceedings.
Ruling: 
Court was not obliged to conduct a hearing where it decided that the debtor's papers were insufficient to carry the debtor's burden of proving undue hardship.
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Rocin Liquidation Estate v. Pan-American Life Ins. Co. (In re Rocor Intl Inc.)

Plaintiff, the liquidation estate which was debtor's successor, brought an action against defendant creditor, seeking to avoid a $67,610 payment as a preference under 11 U.S.C. § 547. Before the court were the parties'cross-motions for summary judgment.
Ruling: 
Transfer via check was deemed a contemporaneous exchange for new value not a payment on account of an antecedent debt since the date of delivery of the check was the transfer date.
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In re Fawson

Two chapter 7 cases were before the court. Pending were debtors'untimely motions to extend time to file papers.
Ruling: 
Debtors'cases were dismissed since they failed to timely file all required information and their motions to extend the time to file the papers were untimely.
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In re Cartledge

The debtors had a bankruptcy proceeding pending within one year of the current case. In the current case, filed under chapter 13, the debtors sought a motion to extend the automatic stay beyond the 30-day period, pursuant to 11 U.S.C. § 362(c)(3)(B).
Ruling: 
Debtors were denied a motion to extend the automatic stay since they failed to follow local bankruptcy rules and since no hearing occurred before the expiration of the stay.
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In re Grossman

Debtors' counsel filed an application for approval and payment of supplemental compensation. The debtors objected to the additional fees.
Ruling: 
Application for additional attorneys'fees was approved but at a reduced amount since the retainer agreement did not account for an increase in hourly billing rates.
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In re McCray

The debtor leased property from the owners of the property who themselves had a history of bankruptcy filings in an effort to prevent creditor from foreclosing on the subject property. The creditor moved for relief from the automatic stay or for a determination that no stay arose by reason of 11 U.S.C. § 362(b)(22). The creditor claimed to own the property by reason of a foreclosure sale.
Ruling: 
Creditor's motion for relief from stay was granted since filnig was made in bad faith.
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I.H. Miss. Valley Credit Union v. Lindquist (In re Lindquist)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, alleging that the debtor obtained a loan and a credit card account from the creditor based on materially false statements in credit applications, and thus the debts were not dischargeable under 11 U.S.C. § 523(a)(2)(B). The bankruptcy court conducted a trial.
Ruling: 
Debtor's credit card debt was deemed nondischargeable, but debtor's loan debt was deemed dischargeable since the creditor relied on the debtor's standing as a good customer rather than on any misstatements.
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Harris v. Boyd G. Montgomery Testamentary Trust (In re Harris)

Appellant chapter 13 debtor challenged the Bankruptcy Court for Eastern District of Arkansas's order granting appellee lessor's motion to terminate the automatic stay so that it could enforce its state law right to remove the debtor from a nonresidential building.
Ruling: 
Order granting a lessor's motion to terminate the automatic stay was affirmed since the debtor had been provided with reasonable notice of the motion's hearing.
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Estate of Centennial Communs. v. Longtain (In re Centennial Communs.)

Appellant debtor sought review of a decision of the bankruptcy court that denied its motion for reconsideration of an earlier order that allowed a creditor's claim for a super- priority administrative expense and allowed the creditor to share in a pro rata distribution for the remainder of her claim, which included a loan to the debtor or its officers.
Ruling: 
Court affirmed an order that allowed a creditor's claim for a super-priority administrative expense since the amounts the creditor advanced were shown to be for the estate's benefit.
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Mktg. & Creative Solutions v. Scripps Howard Broad. Co. (In re Mktg. & Creative Solutions)

Appellees, petitioning creditors, filed an involuntary petition for relief under chapter 7 against appellant, involuntary debtor. The Bankruptcy Court for the Northern District of Ohio entered an order granting relief to the petitioning creditors. The debtor appealed alleging that the claims of the creditors were subject to bona fide disputes.
Ruling: 
Debtor failed to demonstrate bona fide disputes as to the debtor's liability to the creditors who filed an involuntary petition since the debtor's prior dealings showed the debtor intended to be liable to the creditors.
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Sec. Bank v. Rodriguez (In re Rodriguez)

Plaintiff bank filed an adversary proceeding against defendant debtor, claiming that the debtor's obligation to the bank should be declared nondischargeable pursuant to 11 U.S.C. § 523(a)(2)(A) and (B). The bank filed a motion for summary judgment.
Ruling: 
Bank was denied summary judgment since the debtor's alleged fraudulent intent was at issue.
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