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 23,000 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 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.
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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.
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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.
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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.
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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.
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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.
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Paul v. Suffolk Univ. (In re Paul)

Plaintiff debtor filed an adversary proceeding against defendant, a student loan corporation, to obtain a discharge of the debtor's student loan obligation, pursuant to 11 U.S.C. § 523(a)(8), on the grounds that repayment would impose an undue hardship on the debtor and her family. After a trial, the court issued findings of fact and conclusions of law.
Ruling: 
Single mother of three debtor was denied discharge of student loan debt based on undue hardship since the debtor could increase income based on education level, obtain child support, and work with the offered reasonable repayment plan.
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In re Waggoner

The matter was before the court on the trustee's motion to dismiss debtors'case, which stated that debtors were ineligible for bankruptcy relief by reason of 11 U.S.C. § 109(h).
Ruling: 
Debtors'case was dismissed since the debtors did not obtain credit counseling until a day after filing and did not demonstrate circumstances warranting waiver of the prepetition counseling requirement.
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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.
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In re Southwest Fla. Heart Group P.A.

In a chapter 11 case, before the court was trustee's motion to assume lease agreement and lease agreement addendum involving an unexpired non-residential lease entered into by debtor and creditor.
Ruling: 
Motion to assume lease was denied since creditor had ownership interest and trustee could not sell property free and clear of that interest.
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In re Carmona

After the debtor filed a petition for chapter 7 bankruptcy, the trustee filed an application to employ counsel under 11 U.S.C. § 327. The court granted the trustee's motion. Subsequently, the debtor filed a motion to dismiss her case. The court granted the debtor's motion to dismiss and denied payment of fees and costs to the trustee and her counsel. The trustee filed a motion for reconsideration.
Ruling: 
A trustee and the trustee's counsel were denied fees and costs following the dismissal of a case since they did not exercise reasonable billing judgment in that the fees and costs likely benefitted them and not the estate.
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In re Hundley

Debtors sought a determination that creditor bank violated the automatic stay when it refused debtors' postpetition demand to turnover debtors' vehicle that the bank had repossessed prepetition. Debtors demanded the payment of sanctions for the bank's actions, which debtors considered to be willful and therefore remediable under former 11 U.S.C. § 362(h).
Ruling: 
Debtors were awarded damages for the bank's willful violation of the automatic stay by refusing the debtor's postpetition demand for turnover of the debtor's vehicle repossessed prepetition.
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Concannon v. Imperial Capital Bank (In re Concannon)

Appellee creditor sought relief from an automatic stay to foreclose its judgment lien, and appellant debtors defended the motion in their chapter 7 case by seeking a valuation of their rental property encumbered by the lien and avoidance of the creditor's lien pursuant to former 11 U.S.C. § 506(a) and (d). The Bankruptcy Court for the District of Arizona granted the creditor's motion and lifted the stay. Debtors appealed.
Ruling: 
Appellate panel affirmed ruling that the debtor could not use section 506(d) to remove a creditor's judgment lien and that the lien would pass through the bankruptcy case.
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In re Ross

The debtor filed a chapter 13 case without complying with the credit counseling requirement of 11 U.S.C. § 109. The debtor requested that the court permit him to obtain the required briefing after the filing of his petition under the "exigent circumstances" exception in 11 U.S.C. § 109(h)(3).
Ruling: 
Case was dismissed since debtor failed to request credit counseling prior to filing and, thus, could not invoke the exigent circumstances exception.
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In re Hoyo

The debtor's estranged wife filed a motion for relief from the stay. The wife claimed that the debtor did not retain any interest in property that was to be conveyed to the wife through a marital settlement agreement ("MSA") executed but not performed before the debtor had filed his petition for chapter 7 relief.
Ruling: 
Court denied debtor's wife relief from the automatic stay since a marital settlement agreement that affected the property in question was not final until after filing.
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