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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.

Chelsea Woods Condo. v. Okupe (In re Okupe)

Movant creditor filed a request for an order to terminate or annul the automatic stay of 11 U.S.C. § 362(a) in order to consummate a foreclosure sale of respondent debtor's condominium unit.
Ruling: 
Creditor's motion to terminate automatic stay was granted since evidence showed a foreclosure sale on the debtor's condo occurred prior to filing.
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Citibank (South Dakota) N.A. v. Han (In re Han)

Plaintiff credit card company filed an adversary proceeding against defendant debtor alleging that the debtor's obligation to the credit card company was not dischargeable under 11 U.S.C. § 523(a)(2)(A). After filing an amended complaint, the credit card company filed a renewed motion for a default judgment.
Ruling: 
Portion of debtor's credit card debt was deemed nondischargeable due to debtor's fraud.
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In re Kenard

Movant deed holder filed a motion to validate a foreclosure sale in a bankruptcy proceeding.
Ruling: 
Debtor's case was dismissed and the court validated a foreclosure sale since the debtor filed two chapter 13 petitions in bad faith by accepting property title and then immediately filing to try to stop foreclosure.
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In re Bush

The debtor filed a notice of appeal of an order entered by bankruptcy court (the lift stay order), which denied the debtor's motion for recusal and granted the motion for relief from the automatic stay filed by the creditor. The debtor filed the current motion seeking a stay of the lift stay order pending the resolution of his appeal.
Ruling: 
Debtor failed to establish a likelihood of success on the merits to obtain a stay pending the resolution of the debtor's appeal of a lift stay order.
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Mostoller v. CitiCapital Commer. Corp. (In re Stetson & Assocs.)

Plaintiff chapter 7 trustee brought an adversary complaint to avoid several liens against personal property of the debtor that were held by defendant creditor pursuant to financing statements filed pursuant to Tenn. Code Ann. § 47-9-101 et seq. (Article 9 of the Uniform Commercial Code.) The creditor moved for relief from the automatic stay and for abandonment by the trustee of the bankruptcy estate's interest in the collateral.
Ruling: 
Trustee could not avoid a creditor's lien and did not have priority over the creditor's interests since the creditor's interests were perfected at the time of filing.
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Chattanooga Agric. Credit Assoc. v. Davis (In re Davis)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a declaration that a debt owed to the creditor by the debtor was not dischargeable. The debtor moved to dismiss the complaint as untimely filed under Fed. R. Bankr. P. 4007(c), and the creditor acknowledged the untimeliness but asserted equitable estoppel and equitable tolling.
Ruling: 
Consent decree was not valid for nondischargeability determination and creditor's untimely delay in filing adversary proceeding led to dismissal.
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U.S. Aeroteam Inc. v. Delphi Automotive Systems LLC (In re United States Aeroteam)

Plaintiff debtor filed for bankruptcy. Defendant creditor filed a motion for relief from the automatic stay in order to exercise a right to setoff under 11 U.S.C. § 553. Plaintiff assignee joined in the action to determine whether its security interest in the debtor's accounts receivable affected the right to setoff. Both the debtor and the creditor filed motions for summary judgment.
Ruling: 
Creditor found to have setoff rights for debt owed more than 90 days before filing, but trial was required to determine creditor's setoff rights for debt owed during 90 days prior to filing.
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Guaranty Residential Lending Inc. v. Koep (In re Koep)

Plaintiff creditor filed a complaint against defendant debtor seeking a determination that certain debts allegedly owed to it by the debtor were nondischargeable pursuant to 11 U.S.C. § 523(a)(2). The creditor filed a motion for partial summary judgment
Ruling: 
Creditor was denied partial summary judgment regarding nondischargeablity issue despite debtor misrepresentations because the creditor failed to demonstrate justifiable or reasonable reliance on the misrepresentations.
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In re MAEDC Mesa Ridge

Debtor, a community housing development organization ("CHDO"), brought a motion for summary judgment in regards to an involuntary bankruptcy petition under 11 U.S.C. § 303(a) brought by the petitioning creditors against debtor.
Ruling: 
Involuntary petition was dismissed since a nonprofit debtor's participation in commercial activity did not make it a moneyed, business, or commercial corporation.
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JP Morgan Chase Bank v. Hobbs (In re Hobbs)

Plaintiff creditor filed a complaint to deny defendant chapter 7 debtor a discharge based on the debtor's loss of business records, 11 U.S.C. § 727(a)(2)(A), and the debtor's failure to maintain and preserve adequate records, 11 U.S.C. § 727(a)(3).
Ruling: 
Debtor's discharge was denied based on a failure to maintain and preserve adequate records.
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Vaughan v. Meridan Natl Corp. (In re Ottawa River Steel Co.)

Plaintiff chapter 7 trustee commenced an adversary proceeding against defendants, creditors, seeking to recover certain prepetition transfers made by the debtor. The creditors moved for summary judgment, alleging that the trustee's claims were time barred under 11 U.S.C. § 546.
Ruling: 
Creditor was denied summary judgment where the court ruled it could decide the date an order for relief triggered two-year limitations period for filing creditor's complaint.
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Messenger v. Messenger (In re Messenger)

Plaintiff ex-wife brought a complaint pursuant to 11 U.S.C. § 523(a)(15) to determine the dischargeability of a marital debt assumed by defendant debtor.
Ruling: 
Debtor's assumption of marital credit card debt was deemed nondischargeable.
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Cote v. Catherman (In re Catherman)

Plaintiff creditor filed a complaint to determine the dischargeability of a debt owed by defendant debtor. The creditor brought this suit pursuant to the statutory exception to discharge under 11 U.S.C. § 523(a)(2)(A).
Ruling: 
Creditor failed to establish that debtor intentionally misrepresented the purpose of a loan and thus loan debt was deemed dischargeable.
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In re Brown

Chapter 13 trustee filed a motion for a modification of debtor's confirmed plan to raise the monthly plan payments, on the grounds that his disposable income significantly increased following plan confirmation. Trustee also sought to require debtor to apply the proceeds of a post-confirmation refinancing of his residence as an additional lump sum plan payment.
Ruling: 
Code's good faith requirement warranted granting trustee's motion to amend debtor's confirmed chapter 13 plan due to increase in available income.
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Lehtonen v. Time Warner Inc. (In re PurchasePro.com Inc.)

Plaintiff trustee of debtor's liquidating trust filed a complaint against defendant transferee under Nevada's version of the Uniform Fraudulent Transfer Act. The complaint also alleged that defendant was liable under Nevada corporate law for a failure to provide the full amount of the agreed-upon consideration required when defendant exercised its rights under the warrant. Defendant moved to dismiss.
Ruling: 
Trustee's complaint against stock transferee was not dismissed since cancellation of stock option and the immediate reissuance of an amended and restated stock option that resulted in economic harm to the debtor was a fraudulent transfer of an interest of the debtor.
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