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 Isham

A creditor filed a motion to dismiss the debtors'chapter 7 bankruptcy case for lack of good faith, pursuant to 11 U.S.C. § 707(a).
Ruling: 
Court denied motion to dismiss debtor's chapter 7 case since "for cause" grounds for dismissal were not present.
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In re Ellis

Movant chapter 13 debtor sought to continue the automatic stay beyond the 30-day period. Respondent mortgage holder and trustee objected. The bankruptcy court held an evidentiary hearing.
Ruling: 
Debtor was denied a continuation of the bankruptcy stay in a second filing since the debtor had not overcome the presumption of filing in bad faith.
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In re Williams

The debtor, proceeding under chapter 13, filed a motion to extend the period for the automatic stay, pursuant to 11 U.S.C. § 362(c)(3)(B). The trustee filed a response to the motion.
Ruling: 
Debtor's motion to extend automatic stay was granted due to substantial change in circumstances.
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Silverman v. Pauls Landmark Inc. (In re Nirvana Rest.)

Plaintiff, the chapter 7 trustee, commenced an adversary proceeding against defendant transferee to avoid, under New York law and 11 U.S.C. § 548(a), a guaranty given by debtor for the benefit of an affiliate, and to recover the rent payments made in connection with the guaranty. The matter was before the court for trial.
Ruling: 
Trustee was denied a motion to avoid a transfer of a guaranty under the Code and New York law since the trustee failed to show constructive fraudulence.
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First Ave. West Bldg. LLC v. James (In re Onecast Media)

Appellee, a chapter 7 trustee, sought reconsideration of a bankruptcy court order denying the trustee's claim to recover proceeds obtained by appellant creditor under a letter of credit. The bankruptcy court denied the trustee's motion. The District Court for the Western District of Washington reversed a bankruptcy court's order. The creditor appealed.
Ruling: 
Security deposit was estate property since the trustee's rejection of the lease constituted a breach, not a recission, of the contract and enabled the trustee to then pursue a breach-of-contract action to recover the balance of the security deposit.
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In re Houston

The bankruptcy court issued an amended notice to show cause in response to the chapter 7 trustee's certification under Interim Bankr. E.D. Va. R. 4002-1 that debtor failed to furnish him with a copy of her income tax return for the most recent tax year preceding the filing of the petition, as required by 11 U.S.C. § 521(e)(2)(A)(i). The trustee also requested copies of the debtor's statements for each of her depository and investment accounts.
Ruling: 
Court deemed that debtor had sufficiently complied with the requirement to provide a copy of the most recent income tax return since the computer-prepared summary of data electronically transmitted to the IRS constituted a copy.
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In re Applause LLC

Lessor filed a claim for unpaid future rents arising from the debtor's breach and rejection of a lease. Subrogee also filed a claim for repayment of its prior payments on a letter of credit it posted in favor of the lessor to cover the debtor's nonpayment, plus miscellaneous contractual damages. The debtor objected to both proofs of claim. Subsequently, the lessor and the debtor stipulated to a proof of claim in the amount of $800,000.
Ruling: 
Court deemed that subrogee's claim was not subrogated to lessor's claim and subrogee was entitled to priority claim.
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In re Hooper

Before the court was debtor's application for waiver of the chapter 7 filing fee for individuals who cannot pay the filing fee in full or in installments.
Ruling: 
Debtor was granted waiver of chapter 7 filing fee since debtor's income was below poverty level and debtor was unable to pay the fee in installments.
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In re Horn

Movant creditor filed an objection to confirmation of non-movant debtor's chapter 13 plan.
Ruling: 
Chapter 13 plan was not denied confirmation since Code section 506, instead of a new Code section, applied when a creditor's claim was not a purchase money security interest.
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Marbella LLC v. Cuenant (In re Cuenant)

Plaintiff creditor filed an adversary proceeding against defendant debtor and sought entry of a final judgment determining that certain claims were nondischargeable under 11 U.S.C. §§ 523(a)(2)(A), 523(a)(4) and 523(a)(6).
Ruling: 
Creditor's claims were deemed dischargeable since the creditor could not show justifiable reliance on representations or any willful or malicious intent by the debtor.
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Bright v. Wash. Mutual Bank F.A. (In re Bright)

Appellee mortgagee foreclosed on appellant debtor's real property without knowledge of the debtor's bankruptcy until the debtor filed a counterclaim in the mortgagee's state court interpleader action to determine entitlement to surplus proceeds from the foreclosure sale. The debtor appealed the order of the Bankruptcy Court for the District of Massachusetts which granted the mortgagee retroactive relief from the bankruptcy stay.
Ruling: 
Retroactive relief from the automatic stay was granted to a mortgagee to protect subsequent good faith purchasers and since the debtors acted in bad faith by failing to disclose the property interest.
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Redmond v. Lentz & Clark P.A. (In re Wagers)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendants, chapter 7 debtors and the law firm representing the debtors, alleging that the bankruptcy estate was entitled to the debtors'tax refunds which the debtors assigned to the firm prepetition to secure the firm's prepetition and postpetition services. The parties cross-moved for summary judgment.
Ruling: 
Debtors'tax refunds were not estate property since the debtors had assigned prepetition the refunds to secure a law firm's prepetition and postpetition services and thus only held a revisionary, not ownership, interest in the refunds.
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Richardson v. Terry Bullock Garages Inc. (In re Bullock Garages)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant dealer of prefabricated garages, seeking to recover from the dealer unpaid invoices due to the debtor for garage kits which the debtor manufactured. The bankruptcy court conducted a trial.
Ruling: 
Trustee sufficiently showed that the accounts receivable in question were property of the debtor's bankruptcy estate subject to the dealer obtaining credits for garage kits that the dealer ordered from the debtor but never picked up from the debtor.
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Yelin v. Yelin (In re Yelin)

In an adversary proceeding, plaintiff sought (a) denial of defendant debtor's discharge pursuant to 11 U.S.C. § 727(a)(2)(A) (discharge claim) and (b) an exception to discharge of plaintiff's claims pursuant to 11 U.S.C. § 523(a)(2)(A) (dischargeability claim). Before the court was plaintiff's motion for partial summary judgment filed in an adversary proceeding within a chapter 7 case. The motion was limited to the discharge claim.
Ruling: 
Court denied summary judgment on a motion to deny the debtor discharge since a genuine issue of material fact on whether the debtor's statements and omissions in schedules were materially misleading.
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In re Hull

Debtor moved to dismiss her chapter 7 case, or in the alternative, to convert this chapter 7 case to a case under chapter 13 case. The chapter 7 trustee objected, arguing that the debtor's estate was due to receive a large personal injury claim, which debtor had not scheduled as an asset of the estate.
Ruling: 
Debtor established cause to dismiss the debtor's case.
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