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 21,500 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 Brooklyn Hosp. Ctr.

Chapter 11 debtor, a hospital and its affiliates, moved for an order, pursuant to 11 U.S.C. §§ 105(a) and 363(b), approving and authorizing the implementation of a key employee retention plan ("KERP") for the purpose of retaining key employees of the debtor. Two parties, the state nurses'association and the trustee, objected to the approval of the KERP.
Ruling: 
Motion to authorize implementation of a key employee retention plan ("KERP") was granted since the consideration received in exchange for the KERP payments served an important corporate interest.
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In re United Airlines

Appellant debtor airline appealed from the District Court for the Northern District of Illinois decision, which denied the airline's attempt to have a transaction treated as a loan rather than a lease for purposes of 11 U.S.C. § 365. Appellees, a city, a bank, and others, opposed the appeal.
Ruling: 
Court deemed that transaction between debtor airline and a bond issuer was a loan rather than a lease under section 365.
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Rodriguez v. Sneed (In re Sneed)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a declaration that a debt to the creditor was not dischargeable because it was based on intentional physical injury caused by the debtor. The debtor moved to dismiss the complaint as untimely filed under Fed. R. Bankr. P. 4007.
Ruling: 
Debtor's motion to dismiss complaint as untimely was denied since creditor had timely filed within the extended period granted by the court regardless of whether it was called an objection or a complaint.
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Gonzalez-Ruiz v. Doral Fin. Corp. (In re Gonzalez-Ruiz)

Appellant debtors challenged the Bankruptcy Court for the District of Puerto Rico's orders granting appellee creditor authority to proceed with a foreclosure sale of the debtors'residence, dismissing the debtors'fourth chapter 13 bankruptcy case, granting the creditor in rem relief from the automatic stay, barring the debtors from filing another bankruptcy petition, and denying the debtors'motion for reconsideration.
Ruling: 
Court ruled that the bankruptcy court's order prohibiting debtors, who were serial filers and had attempted to refile to circumvent orders in their prior case, from making future filings.
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Maes v. Maes (In re Maes)

Plaintiff former spouse of defendant bankruptcy debtor brought an adversary proceeding seeking a determination that joint marital debts for a credit card and a fifth wheeler, which the debtor assumed pursuant to an agreement in the parties' divorce, were not dischargeable pursuant to 11 U.S.C. § 523(a)(5) and (15). The bankruptcy court conducted a trial.
Ruling: 
Marital debts were deemed dischargeable since they were not in the nature of support and debtor's former spouse already received adequate support from debtor's maintenance payments.
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A.W. Lawrence & Co. v. Burstein (In re A.W. Lawrence & Co.)

Plaintiff bankruptcy debtor sought to avoid as fraudulent a transfer of funds by check to defendant judgment creditor of a principal of the debtor, pursuant to 11 U.S.C. § 548. Judgment was entered in favor of the debtor, but the case was remanded from the district court for a determination of whether the debtor had an interest in the payment to the creditor.
Ruling: 
Court deemed that transfer was not fraudulent since debtor had no interest in payment as temporary holder of check.
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In re Ramsey

Debtors moved for an order to show cause directed to the county tax collector, which ordered the tax collector to show cause, if it had any, why it should not be held in contempt for its alleged willful violations of the discharge injunction entered in the bankruptcy case of debtors when it levied on the debtors'bank accounts in violation of 11 U.S.C. § 524(a)(2).
Ruling: 
County tax collector held in contempt for willfull violation of discharge injunction.
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In re Satinoff

A trustee and a debtor filed a joint motion to dismiss a chapter 7 case, pursuant to 11 U.S.C. § 521(e)(2), and to reinstate the case under 11 U.S.C. § 350(b).
Ruling: 
Court dismissed case due to late delivery of tax return but reinstated the case since the late delivery did not prejudice the parties.
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Colsen v. United States (In re Colsen)

Appellee debtor filed a petition for bankruptcy and initiated an adversary proceeding against appellant United States, claiming that his federal income tax liabilities were dischargeable despite 11 U.S.C. § 523(a)(1)(B)(i). The bankruptcy court found that the debts to the IRS were dischargeable. The Bankruptcy Appellate Panel for the Eighth Circuit affirmed. The government appealed.
Ruling: 
Debtor's tax liabilities were deemed dischargeable since the post-assessment filings were "returns" under section 523(a)(1)(B)(i).
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In re Rives

The debtors filed a petition for relief under chapter 13 and filed a proposed plan of reorganization. The creditor objected to the valuation assessed for the debtors'vehicle in the confirmation plan.
Ruling: 
Court valued vehicle as of effective date of confirmed plan.
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In re Oneida Ltd.

An ad hoc committee of equity security holders that had participated in these administratively consolidated cases since inception applied to the trustee for the appointment of a committee of equity security holders pursuant to 11 U.S.C. § 1102(a)(1). The trustee denied the request for appointment of a committee. The ad hoc committee moved for the appointment of a committee under 11 U.S.C. § 1102(a)(2).
Ruling: 
Court appointed official equity committee since the equity security holders met their burden of showing such a committee was necessary to avoid appearances of impropriety in debtor restructuring.
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In re Sven

Pursuant to Fed. R. Bankr. P. 9023 and 9024 and 11 U.S.C. § 105(a), movant victims sought to vacate debtor's chapter 7 bankruptcy discharge so that the victims could file dischargeability complaints against the debtor pursuant to 11 U.S.C. § 523(a)(6). The victims also sought to extend the time to file a complaint excepting to discharge.
Ruling: 
Motion to vacate discharge and extend time to file complaint excepting to discharge was denied since parties had been notified of deadline yet failed to timely file.
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In re Davis

The debtor filed for bankruptcy relief pursuant to chapter 13 and submitted a proposed plan for confirmation. The creditor objected to the confirmation of the debtor's plan, because the creditor contended that the plan did not comply with 11 U.S.C. § 1325(a)(5)(B)(iii)(I).
Ruling: 
Objection to confirmation of chapter 13 plan was overruled since section 1325(a)(5) did not apply to the arrears payments and, thus, equal monthly installments were not required.
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Williams v. Taylor (In re Taylor)

Plaintiff judgment creditor brought an adversary proceeding against defendants, debtors and mortgagee, seeking a declaratory judgment that his judgment lien had priority over the mortgagee's lien on the debtors' residence. The mortgagee filed a motion for summary judgment.
Ruling: 
Adversary proceeding seeking determination of priority of state law liens dismissed for lack of subject matter jurisdiction.
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In re Victor

The matter came before the court on the trustee's objection to debtor's third amendment to change chapter 7 claim of exemptions.
Ruling: 
Court ruled trustee could liquidate a trailer owned as marital community property subject to debtor's claimed exemption in a one-half interest in the trailer.
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