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 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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In re Carr

A debtor was ordered to show cause why his chapter 13 bankruptcy case should not have been dismissed for failure to obtain prepetition, non-profit, budget and credit counseling as required by 11 U.S.C. § 109(h).
Ruling: 
Case was dismissed since debtor failed to request prefiling credit counseling.
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In re Lue Xiong

The debtor filed for relief under chapter 7. At the time of the filing, the debtor was married, but his spouse did not join in the proceedings. The trustee filed a motion to compel the turnover of real estate in Kansas, real estate in Wisconsin, a truck, and an automobile, contending that the property was part of the bankruptcy estate pursuant to 11 U.S.C. § 541(a)(2).
Ruling: 
Trustee was denied turnover of certain property since debtor was entitled to certain exemptions.
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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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N. Miss Med. Ctr. v. Eaton (In re Eaton)

Plaintiff creditor filed an action to collect insurance payments made to defendant debtors based on the debtors'assignment of those payments to the creditor. The creditor asserted that the debts were nondischargeable under 11 U.S.C. § 523(a)(6) and that it was entitled to summary judgment.
Ruling: 
Creditor was denied summary judgment regarding dischargeability issue since genuine issue of material fact existed as to intent to cause willful or malicious injury.
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In re Ring

In two cases filed after enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), consumer debtors sought orders determining that they had not violated the Bankruptcy Code's requirements for providing the chapter 7 and chapter 13 trustees with copies of prebankruptcy tax returns, as required by 11 U.S.C. § 521(e)(2)(A)(i), even though copies of the returns were provided to the trustees in either case.
Ruling: 
Court deemed that debtors'failure to provide tax returns to trustees was not grounds for dismissal but declined to issue bright line rule on tax return filings since the requests were not cases or controversies but rather anticipatory motions.
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In re HHG Corp.

The bankruptcy court had previously approved a sale of the debtor's assets which included a library of video footage of a professional wrestling event. More than two years after entry of the sale order, movants alleged that they had an interest in the library of video footage and filed a motion to set aside the sale order.
Ruling: 
Motion to set aside sale order was denied since opportunity to object to order was waived and, thus, order had res judicata effect.
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Revell v. Mills (In re Mills)

Plaintiff creditor filed an objection to defendant debtor's proposed discharge of the creditor's claim based on the settlement for $500,000 of a medical malpractice claim, pursuant to 11 U.S.C. § 523(a)(2)(A). Debtor moved for summary judgment that the claim was dischargable. Debtor, a neurosurgeon, had negligently performed spinal surgery on the creditor at a time when debtor did not have professional liability insurance.
Ruling: 
Debtor was granted summary judgment and claim was deemed dischargeable since malpractice action and an oral promise did not establish fraud or misrepresentation.
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Nickless v. Aaronson (In re Katz)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant partners in a partnership in which the debtor was also a partner, seeking a wind up of the partnership and a sale of partnership assets. The partners moved to dismiss the complaint for lack of subject matter jurisdiction.
Ruling: 
Court abstained on ruling on trustee's efforts to obtain a winding up and accounting of a partnership in favor of a state court action.
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In re Bateman

In separate bankruptcy cases, a trustee moved to dismiss debtors'cases on the ground that the debtors could not receive discharges under 11 U.S.C. § 1328(f) and thus were not eligible to be debtors.
Ruling: 
Motion to dismiss was denied since debtors met eligibility requirements under section 109 even though they were not eligible for discharge.
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In re Harris

Before the court in a chapter 13 matter was a mortgage holder's motion seeking entry of an order confirming that the automatic stay was no longer in effect in the case pursuant to 11 U.S.C. § 362(c)(3), and debtor's motion to extend the automatic stay pursuant to section 362(c)(3)(B).
Ruling: 
Debtor was denied motion to extend automatic stay since debtor did not rebut presumption of bad faith in making later filing.
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In re Crane Rental Co.

Creditor provided health care, disability, pension and 401(K) plan benefits to heavy equipment operators working in the construction industry, including the employees of the debtor. The creditor filed a motion to amend its proof of claim, or in the alternative for leave to file a late claim.
Ruling: 
Late-filed proof of claim was allowed due to excusable neglect.
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In re Walker

Petitioner debtors sought to deduct from their current monthly income ("CMI") under 11 U.S.C. § 707(b)(2)(A)(iii) the payments due on their secured debts despite their surrender of the collateral, a residence and vehicle, securing those debts. Respondent trustee objected.
Ruling: 
Debtors were entitled to deduct from their current monthly income the average payment on debts secured by surrendered collateral.
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In re Suncruz Casinos LLC

Confirmed chapter 11 cases came on for hearing on the joint motion of the postconfirmation plan administrator for the liquidating debtors, and their primary secured creditor, seeking an order under 11 U.S.C. §§ 105(a) and 1129 and Fed. R. Bankr. P. 9020 and 9014, holding debtors'maritime insurer in civil contempt and awarding sanctions for violation of the permanent injunction entered as part of the order confirming the chapter 11 Plan.
Ruling: 
Insurer was held in civil contempt since insurer failed to file a preconfirmation administrative expense claim and pay indemnity claims in willful violation of the confirmation order.
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Wolff v. Johnson (In re Johnson)

Appellee chapter 13 debtor's amended plan provided that attorneys'fees remaining unpaid at the completion of the case would not be discharged and would be paid directly by the debtor after entry of his discharge. The Bankruptcy Court for the Eastern District of California, although it approved the fees, nevertheless indicated that appellant, debtor's counsel, could not collect fees from the debtor after entry of discharge.
Ruling: 
Appellate panel reversed bankruptcy court by finding that plan provision calling for payment of attorney's fees after plan completion was permissible.
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