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 Perry

A chapter 13 matter came before the court upon movant debtor's Motion to Avoid Lien, and non-movant lienholder's opposition thereto.
Ruling: 
Debtor was denied motion to avoid a lien since the debtor did not give the creditor sufficient notice of an intent to cramdown the creditor's interest in the chapter 13 plan.
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In re Moore

The matter came before the court upon the motion of movant, a real property purchaser, for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to pursue a state court appeal on an expedited basis and upon debtors' motion for deposit of funds into the bankruptcy court. Debtors'also counterclaimed against the purchaser for violation of the automatic stay.
Ruling: 
Automatic stay was lifted for a purchaser of debtor's real property to pursue a state court appeal regarding surplus funds from the purchase since the state court appeal was the only means of appealing a prior decision.
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In re Payne

Appellee debtor obtained a discharge in bankruptcy court from a federal income tax debt. The U.S. District Court affirmed the discharge. Appellant United States sought review.
Ruling: 
Court reversed debtor's discharge of federal tax liability since the debtor's six-years-late-filed return did not evidence effort to comply with the law.
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Campbell v. Verizon Wireless S-CA (In re Campbell)

Appellant chapter 13 debtors objected to four proofs of claim. The bankruptcy court sua sponte held prove-up hearings and overruled the objections made under 11 U.S.C. § 502(b)(1) that the proofs of claim lacked required documentation. The debtors appealed.
Ruling: 
Debtors'objections to four proofs of claim were rejected since debtors did not contest their liability and since lack of documentation was not sufficient grounds for disallowing the proofs of claim.
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In re Blurton

Debtors filed a motion for payment of an administrative claim under 11 U.S.C. § 503(b). The debtors sought payment of attorney's fees and reimbursement of appraisal costs. They also requested reimbursement for mileage and for "administrative hours" composed of the personal time both debtors spent on the case. Both the chapter 7 trustee and the United States trustee filed objections.
Ruling: 
Debtors were not granted administrative fees for payment of attorneys' fees since their counsel was not employed by or approved by the trustee.
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In re Korea Chosun Daily Times

Pursuant to 11 U.S.C. §§ 330 and 331, applicant debtor's former attorney sought compensation for his fees and expenses incurred in the debtor's chapter 11 bankruptcy case. The debtor objected to the fee application on the grounds that the attorney failed adequately to perform his services to the debtor and was an obstacle to numerous potential transactions.
Ruling: 
Debtor's former attorney was awarded most of the requested fees and expenses since the records in support of the request were adequate and most of the fees and expenses were reasonable.
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In re Damiano

Movant, the mother of a debtor, sought an order allowing her late-filed proof of claim in her daughter's chapter 7 bankruptcy case under Fed. R. Bankr. P. 3002. A creditor opposed the motion.
Ruling: 
Late-filed proof of claim of the debtor's mother was disallowed since the mother had actual knowledge of the case in time to timely file and another creditor objected to the mother's motion to deem the filing timely.
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Griffey v. U.S. Bank (In re Griffey)

Plaintiffs, debtors, appealed an order of the bankruptcy court that denied their motion for reconsideration and entry of default. The debtors had brought a complaint against defendant creditor to "strip off" the creditor's second mortgage on their primary residence. Although the creditor did not respond, the bankruptcy court dismissed the complaint based on its interpretation of 11 U.S.C. § 1322(b)(2).
Ruling: 
Court reversed an order dismissing the debtor's lawsuit against a creditor because the lien holder's unsecured claim could be modified by the debtor's chapter 13 plan.
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Official Comm. of Unsecured Creditors of J. Allan Steel Co. v. Nucor-Yamato Steel Co. (In re J. Allen Steel Co.)

Appellee, a committee of unsecured creditors, filed an adversary proceeding against appellant steel supplier seeking to recover payments that a Chapter 11 debtor had made during the 90-day period before the bankruptcy petition was filed. The supplier appealed after the bankruptcy court granted partial summary judgment to it and thereafter entered a judgment in the committee's favor.
Ruling: 
Case was remanded for clarification of whether alleged preferential payments were made in the ordinary course of business or made pursuant to ordinary business terms and thus not preferential.
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In re Res. Tech. Corp.

Appellant lenders challenged an order of the U.S. District Court, affirming a settlement between appellee debtor, a corporation that collected methane from landfills, and its promisee, a landfill. The debtor gave the landfill a promissory note as part of a settlement after the debtor failed to build a gas-collection system for the landfill.
Ruling: 
Lenders'effort to assume debtor's rights in an executory contract by proposing the trustee abandon the contract were rejected since rights in an executory contract could be performed or breached not abandoned and then transferred.
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In re Rodriguez

Debtors filed a voluntary joint bankruptcy petition under chapter 13. The debtors filed a request for waiver of timely filing of an 11 U.S.C. § 109(h) credit counseling certificate.
Ruling: 
Debtors'case was dismissed since they failed to justify their request for a waiver of the credit counseling certification requirement.
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In re Tudor

A bankruptcy debtor's confirmed chapter 13 plan provided for cure of the debtor's mortgage default, and the mortgagee filed a proof of claim for mortgage arrearage. The debtor objected to the mortgagee's claim to the extent that the claim included amounts for attorney fees and costs related to state court foreclosure proceedings.
Ruling: 
Mortgagee was denied an attorneys' fees claim since the Code designated that state law governed the claim and Ohio state law precluded enforcement of the mortgage's attorneys'fee provision.
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Pierce v. Carlson (In re Carlson)

Plaintiffs, creditors, filed an adversary proceeding against defendant debtor seeking a determination that the debt owed to them was nondischargeable pursuant to 11 U.S.C. § 523. The debtor moved for summary judgment.
Ruling: 
Debt was deemed dischargeable since the creditor did not show that a fiduciary relationship was owed to it by the debtor and that the debtor submitted false statements.
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Jin Lim v. Chase Home Fin. LLC (In re Comps)

Plaintiff chapter 7 trustee filed a complaint against defendant creditor, seeking to set aside a mortgage as a preferential transfer under 11 U.S.C. § 547(b), and seeking to disallow the creditor's claim under 11 U.S.C. § 502(d) unless it turned over the transferred property. Both sides sought summary judgment.
Ruling: 
Mortgage was not a preferential transfer since the mortgage was perfected within 10 days of the transfer and thus was not a transfer on account of an antecedent debt.
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In re Galanis

Two sets of debtors had a prior case pending within one year of filing their present cases. They filed motions to extend the automatic stay, under 11 U.S.C. § 362(c)(3)(B). Each argued that the court should extend the stay because they filed in good faith.
Ruling: 
Debtors rebutted the bad faith presumption in refiling within one year of prior filings since they had filed to responsibly address their debts, they had steady sources of income, and no objections were made.
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