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 Enron Corp.

Chapter 11 debtors objected to claimant's proof of claim.
Ruling: 
Objection to a proof of claim for contractual damages was sustained where the Code required that damages'calculation be fixed as of a prefiling date not as of the actual contract rejection date, which was postfiling.
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Tift County Hosp. Auth. v. Nies (In re Nies)

An adversary proceeding was before the court on a motion for summary judgment filed by plaintiff creditor through which it sought a judgment that a debt owed to it by defendant debtor was a nondischargeable consolidated student loan under 11 U.S.C. § 523(a)(8). Debtor opposed the motion.
Ruling: 
Court denied hospital creditor's motion to declare loan to doctor debtor in exchange for the doctor providing four years of service as nondischargeable since the loan was not an education loan.
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In re Salazar

The chapter 7 trustee and the attorney for the trustee both filed applications for fees.
Ruling: 
Court compensated trustee and trustee's attorney based on funds actually distributed from the estate and rejected their "constructive disbursement"theory.
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In re Dilley

Chapter 7 debtor filed a motion to dismiss the involuntary chapter 7 petition filed against the debtor pursuant to 11 U.S.C. § 303(b)(1) by petitioners, the estate of his deceased wife and the conservator for each of her two surviving children. The court treated the motion as one for summary judgment because matters outside the pleadings were offered for consideration. Debtor also filed a request for abstention.
Ruling: 
Debtor's not guilty plea in criminal homicide case raised liability dispute warranting dismissal of an involuntary chapter 7 case filed by the deceased's estate and children.
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Young v. Elite Financial Services (In re Young)

A debtor filed a motion for sanctions pursuant to 11 U.S.C. § 362(h), as it existed prior to the amendments provided by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, alleging that a creditor willfully violated an automatic stay by attempting to repossess the debtor's automobile during his ongoing chapter 13 bankruptcy case.
Ruling: 
Debtor was granted sanctions against a creditor who violated the automatic stay by respossessing the debtor's truck after the debtor filed.
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Goldschmidt v. Erickson (In re Erickson)

Movant, who was also a discrimination claimant in a state court, commenced an adversary proceeding alleging, inter alia, that a pregnancy discrimination claim of $500,000 brought in the state court was excepted from discharge pursuant to 11 U.S.C. § 523(a)(6). Movant sought relief from the 11 U.S.C. § 362(a) automatic stay. Debtor was the respondent.
Ruling: 
Court granted individual with a state discrimination claim relief from the automatic stay to pursue that claim and saved for later dischargeability ruling on any judgment.
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In re Burkett

In an adversary proceeding, plaintiff, a chapter 7 trustee, filed an objection to proofs of claim of defendant creditors, requesting disallowance under 11 U.S.C. § 502 primarily because of their failure to attach sufficient supporting documentation to the proofs of claim.
Ruling: 
Court overruled trustee's objection to creditors'lack of supporting documentation in their proofs of claim since they established the validity, ownership, and amount of the claim and there were no factual disputes on the claims.
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Metro. Steel Inc. v. Halversen (In re Halversen)

Plaintiff creditor sued defendant debtors, alleging that the debt owed to it was nondischargeable pursuant to 11 U.S.C. § 523(a)(4) based on the debtors's fraud or defalcation while acting in a fiduciary capacity. The debtors moved to dismiss the complaint, while the creditor moved for summary judgment.
Ruling: 
Alleged violation of state trust statute was not sufficient to demonstrate fraudulent conduct and creditor otherwise failed to prove nondischargeability of debt.
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Morris v. Boeing Wichita Credit Union (In re Hicks)

Plaintiff, a chapter 7 trustee, brought an adversary proceeding against defendants, the debtors and their creditor, to avoid a lien pursuant to 11 U.S.C. § 544(a)(2). The creditor filed a third party complaint against third-party defendant, the State of Kansas Department of Revenue ("KDOR"), in the event that the trustee prevailed on his claim. The matter was before the court on a stipulation of facts and briefs of the parties.
Ruling: 
Trustee was granted motion to avoid creditor's lien since the certificate of title did not reflect the lien.
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In re Coastal Bus & Equip. Sales Inc.

Creditor IRS moved for relief from the automatic stay to setoff pre-petition tax overpayments of the debtor against its unpaid tax liabilities incurred during the pendency of its chapter 11 case, including withholding, Federal Insurance Contributions Act ("FICA"), and Federal Unemployment Tax Act taxes.
Ruling: 
IRS was granted right to apply prepetition tax liability refunds against unpaid postpetition tax liability incurred during the debtor's chapter 11 case under a right of recoupment.
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Farmer v. Green Tree Serv. LLC (In re Snelson)

Plaintiff, a chapter 7 trustee in bankruptcy, filed an adversary complaint seeking to avoid a lien on the debtor's mobile home held by defendant creditor, pursuant to 11 U.S.C. § 544, and to recover the value of the mobile home for the benefit of the debtor's estate under 11 U.S.C. § 551. The trustee claimed the lien was avoidable due to a clerical error in the description of the collateral. Both parties moved for summary judgment.
Ruling: 
Trustee could not avoid creditor's lien since the creditor's security interest was perfected despite a clerical error in the description of the collateral.
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Richardson v. Ford Motor Credit Co. (In re Casias)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor seeking to avoid certain payments as preferences. The issue was whether the trustee could avoid as a preference wages paid to a judgment creditor within 90 days of the debtor's bankruptcy where a state court wage deduction order was entered more than 90 days before the bankruptcy was filed.
Ruling: 
Wages paid to judgment creditor within preference period pursuant to judgment order entered prior to preference period were avoidable transfers since the debtor obtained the interest in the wages after performing work.
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James v. Tipler (In re Tipler)

The matter was before the court on plaintiff judgment creditors'objection to discharge pursuant to 11 U.S.C. § 727(a)(2), (3) and (4), and objection to the dischargeability of their claim pursuant to 11 U.S.C. § 523(a)(2), (4) and (6).
Ruling: 
Debtor was denied discharge based on failure to keep recorded information and false oath.
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Stubbs v. Chase Manhattan Mortg. Corp. (In re Stubbs)

Plaintiffs, a debtor joined by her chapter 13 trustee, brought an adversary proceeding pursuant to 11 U.S.C. § 544(a)(3) against defendant creditors seeking to avoid a mortgage lien based on an alleged improper acknowledgment. The matter was before the court for consideration upon a stipulated record.
Ruling: 
Mortgage lien was avoidable and subordinate to the hypothetical bona fide purchaser trustee since the mortgage had an improper acknowledgement and thus failed to provide constructive notice.
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Turner v. Cornelius (In re Cornelius)

The debtor filed a chapter 7 bankruptcy petition. The United States trustee asserted that the debtor's discharge was to be denied pursuant to 11 U.S.C. §§ 727(a)(2) and 727(a)(4).
Ruling: 
Debtor was denied discharge where the debtor made two material false oaths.
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