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 Detienne Assocs. L.P.

Movant creditor filed a motion, pursuant to 11 U.S.C. § 1112(b), to dismiss respondent debtor's chapter 11 case.
Ruling: 
Court granted creditor's motion to dismiss debtor's chapter 11 case since debtor filed solely to invoke stay and delay foreclosure.
ABI Membership is required to access the full summary of In re Detienne Assocs. L.P.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Lary

Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtor's sister and her bankruptcy trustee pursuant to 11 U.S.C. § 548(a)(1)(B), seeking to avoid a fraudulent transfer and the return of a one-half undivided interest in real property that the chapter 7 debtor had transferred to the sister. The court held a trial.
Ruling: 
Trustee was allowed to avoid a transfer as fraudulent since the debtor had received less than a reasonably equivalent value for the property and became insolvent as a result of the tr ansfer.
ABI Membership is required to access the full summary of In re Lary. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Robinson

Debtor filed a voluntary chapter 13 bankruptcy petition. Before the court were Objections to Confirmation of two creditors.
Ruling: 
Court ruled that the debtor could modify the interest rates that secured creditors received in a chapter 13 case.
ABI Membership is required to access the full summary of In re Robinson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Garden Ridge Corp.

Before the court in a chapter 11 matter was the motion, by a terminated employee of debtors'management services affiliate, for relief from the automatic stay under 11 U.S.C. § 362(d) to the extent necessary to set off certain amounts owing from and owed to debtors.
Ruling: 
Former employee of the debtor was denied relief from the automatic stay to effectuate a setoff since the debts in question were not mutual and thus could not be set off.
ABI Membership is required to access the full summary of In re Garden Ridge Corp.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Rafter Seven Ranches L.P.

The instant dispute arose out of four prepetition leases between the creditor, as lessor, and the debtor, as lessee, for the lease of four irrigation sprinkler systems. The debtor filed an objection to the creditor's claim. The creditor filed a motion for an order requiring the debtor to assume or reject the leases pursuant to 11 U.S.C. § 365(d)(2).
Ruling: 
Creditor was denied an order requiring the debtor to assume or reject the leases since the leases were terminated prepetition, but the creditor was permitted to claim rental payments on the leased sprinkler systems.
ABI Membership is required to access the full summary of In re Rafter Seven Ranches L.P.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Petty

The chapter 13 trustee objected to confirmation of the debtors'proposed plan. The basis for the trustee's objection was that the debtors have scheduled monthly charitable contributions, in the form of weekly tithes and offerings to his church, while only paying unsecured creditors approximately one percent of their claims over the life of the plan. The trustee also moved for dismissal of the case pursuant to 11 U.S.C. § 1307.
Ruling: 
Trustee's objection to plan confirmation was overruled since the debtors'proposed charitable contribution did not exceed the cap of 15 percent of the debtors'gross income.
ABI Membership is required to access the full summary of In re Petty. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Dansby

The debtor filed a request for a temporary wavier of the requirement of prepetition credit counseling under 11 U.S.C. § 109(h). The U.S. trustee filed a timely objection to the debtor's request.
Ruling: 
Waiver of the prepetition credit counseling requirement was not granted since the evidence showed the debtor could have complied with some due diligence.
ABI Membership is required to access the full summary of In re Dansby. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Morris v. St. John Natl Bank (In re Haberman)

Plaintiff trustee sued defendant bank, seeking to avoid the bank's lien on the debtors'car. After the debtor paid off the balance the debtor owed, the bankruptcy court determined that the bank's lien was unperfected and the trustee could avoid it. The trustee then sought a determination in the postpetition payments.
Ruling: 
Bank was ordered to turn over to the trustee an amount equal to the value of a car as of the day the debtors filed for bankruptcy, leaving the bank with a general unsecured claim against the bankruptcy estate for the same amount.
ABI Membership is required to access the full summary of Morris v. St. John Natl Bank (In re Haberman). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Petty

The chapter 13 trustee objected to confirmation of the debtors'proposed plan. The basis for the trustee's objection was that the debtors have scheduled monthly charitable contributions, in the form of weekly tithes and offerings to his church, while only paying unsecured creditors approximately one percent of their claims over the life of the plan. The trustee also moved for dismissal of the case pursuant to 11 U.S.C. § 1307.
Ruling: 
Trustee was denied a dismissal request since the trustee failed to show the debtors filed their plan in bad faith.
ABI Membership is required to access the full summary of In re Petty. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Pruneski

Movant trustee sought turnover of respondent debtor's excess, non-exempt assets.
Ruling: 
Turnover of excess non-exempt assets after conversion to chapter 7 was denied since debtor had no equity in vehicles at time of filing under chapter 13.
ABI Membership is required to access the full summary of In re Pruneski. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Hazelquist v. Guchi Moochie Tackle Co.

Plaintiff, a holder of patent rights, filed a complaint against defendants, a tackle company, and its owner, alleging infringement. The holder appealed from an order of the District Court for the Western District of Washington dismissing his claims against the owner, and its order denying his motion for reconsideration.
Ruling: 
Patent infringement cause of action was not barred by a discharge injunction, and dismissal of the claim was reversed since the alleged further infringements occurred postdischarge.
ABI Membership is required to access the full summary of Hazelquist v. Guchi Moochie Tackle Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Babcock & Wilcox Co.

Before the court for findings of fact and conclusions of law in a chapter 11 matter was a joint motion of debtors and two other entities to enter into settlement with an insurance company.
Ruling: 
Court approved settlement with insurance company since it was negotiated in good faith, was in the best interests of the debtors'estates, and met the requirements of Rule 9019.
ABI Membership is required to access the full summary of In re Babcock & Wilcox Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Bender v. Van Ru Credit Corp. (In re Bender)

Plaintiff debtor filed an adversary proceeding against defendant U.S. Department of Education, seeking to discharge student loan obligations pursuant to 11 U.S.C. § 523(a)(8). The bankruptcy court held a trial.
Ruling: 
Court ruled that it did not have the authority to restructure or reduce the debtor's student loan debt and that that debt was nondischargeable since the the debtor did not demonstrate undue hardship.
ABI Membership is required to access the full summary of Bender v. Van Ru Credit Corp. (In re Bender). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Ashley

Before the court in a chapter 7 matter was debtor's request for deferment of the credit counseling requirement under 11 U.S.C. § 109(h).
Ruling: 
Case was dismissed since the debtor did not meet the requirements for obtaining a 30-day extension of time to obtain credit counseling.
ABI Membership is required to access the full summary of In re Ashley. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

IBA Inc. v. Hoyt (In re Hoyt)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtors, asking the court to, inter alia, deny the discharge pursuant to 11 U.S.C. § 727(a)(4). The court conducted a trial.
Ruling: 
Debtor was denied a discharge due to the debtor's intent to defraud by concealing interests in the debtor's daughter's bank account.
ABI Membership is required to access the full summary of IBA Inc. v. Hoyt (In re Hoyt). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages