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.

Ogier v. Trautman (In re Express Factors)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant creditor, a lender, alleging that loan repayments made by the debtor to the lender were avoidable as preferential transfers. The trustee and the lender cross moved for summary judgment with regard to the lender's defense that the transfers were made in the ordinary course of business under 11 U.S.C. § 547(c)(2).
Ruling: 
Only one of three loan payments were made in the ordinary course of business and thus two of the payments were deemed avoidable preferential transfers.
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Berman v. Bill Fields Trucking (In re HNRC Dissolution Co.)

Plaintiff liquidating trustee filed preference actions against defendant, one of 38 similarly situated defendants. The trustee filed the preference actions after the statute of limitations had expired. The trustee subsequently moved for voluntary dismissal of the actions, which motion was granted. Defendant moved for sanctions pursuant to Fed. R. Bankr. P. 9011.
Ruling: 
Sanctions were not imposed against trustee who filed preference actions after statute of limitations period but withdrew them before sanctions motion was filed.
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Spyra v. Finney (In re Finney)

Plaintiff, a proposed purchaser of real property from defendant bankruptcy debtor, brought an adversary proceeding against the debtor objecting to the debtor's discharge under 11 U.S.C. § 727(a)(2)(B) and (4)(A). The purchaser alleged that the debtor concealed assets by conducting an unauthorized auction of personalty and that the debtor made a false oath in filing an answer concerning the auction. The bankruptcy court conducted a trial.
Ruling: 
Debtor was denied discharge where a debtor concealed assets by conducting an authorized auction pursuant to a contract signed by the debtor's girlfriend.
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In re Applications for Unclaimed Funds

A claims locator service submitted multiple applications for payment of unclaimed funds to the bankruptcy court. The court considered the legal requirements concerning such applications.
Ruling: 
Hearing was scheduled to determine proper recipients of unclaimed funds since the claims locator service submitted applications that were deficient under section 347(a) standards.
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In re Rocor Intl Inc.

A bankruptcy debtor was entitled to refunds for overpaid excise taxes on fuel, but the IRS retained the refunds as a setoff against excise taxes due for heavy vehicle highway use. The liquidation estate of the debtor moved for turnover of the refunds, and the IRS moved for summary judgment.
Ruling: 
Setoff was inappropriate where IRS applied postpetition tax refunds to prepetition tax liability.
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Genova v. ESM Realty Trust (In re Stoll)

Plaintiff, the chapter 7 trustee, sued defendants, two trusts and three individuals, including debtor, who each held a one-third interest in the trusts. The trustee alleged two causes of action. The first cause of action was for turnover of property of the bankruptcy estate pursuant to 11 U.S.C. § 542. The second sought a sale of the trusts'property pursuant to 11 U.S.C. § 363(h). The parties filed a motion for summary judgment.
Ruling: 
Beneficiaries, including the debtor, were deemed joints tenants in common of the assets of a trust, and the trustee was permitted to sell the trust property to obtain the estate's interest in the trust.
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Lover v. Rossman & Co. (In re Lover)

Plaintiff, a discharged bankruptcy debtor, brought an adversary proceeding against defendant creditor, alleging that a discharged debt to the creditor was still being reported to credit agencies, in violation of the discharge injunction provided by 11 U.S.C. § 524. The creditor moved for summary judgment, and the debtor did not respond to the motion.
Ruling: 
Debtor failed to show that a creditor had violated a discharge injunction by continuing to report a discharged debt to credit agencies.
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Mosko v. Am. Educ. Serv. (In re Mosko)

Plaintiff debtors brought an adversary complaint to determine the dischargeability of their student loan debts pursuant to 11 U.S.C. § 523(a)(8). Defendant, the successor to the lender, opposed dischargeability.
Ruling: 
One debtor had student loan debt deemed dischargeable due to undue hardship while other debtor received only partial discharge.
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United States Tr. v. Halishak (In re Halishak)

: The cause came before the court after a trial on separate complaints brought by plaintiff, the U.S. trustee, to deny the discharge of defendant debtor husband (Case No. 04- 3049) and wife (Case No. 04-3256). By way of separate petitions, each of the debtors had sought relief under chapter 7 of the Code.
Ruling: 
Debtors were denied discharge since the deficiencies in their petitions were strong indicators of fraud.
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Irby v. Fashion Bug (In re Irby)

Plaintiffs, discharged bankruptcy debtors, brought an adversary proceeding against defendant creditors alleging that the creditors violated the discharge injunction of 11 U.S.C. § 524 by continuing to report the debtors'discharged debts. The creditors did not respond and the debtors moved for default judgment.
Ruling: 
Creditors did not violate discharge injunction since they only reported the debtor's unpaid but discharged debts and did not act to collect the debts.
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Cit GroupSales Fin. Inc. v. Kim (In re Kim)

Plaintiff creditor, which financed defendant debtor's purchase of a motor home based upon debtor's misrepresentations as to the purchase transaction, sought an order of nondischargeability of the purchase debt under either 11 U.S.C. §§ 523(a)(2)(A), (a)(2)(B), or (a)(6). The creditor moved for summary judgment.
Ruling: 
Debt was deemed nondischargeable where a debtor made misrepresentations to secure financing and the creditor justifiably relied on these representations.
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Davis v. Charlies Care Inc. (In re Cruth)

Plaintiff trustee filed an adversary proceeding against defendant creditor, which sought to avoid a lien on a car as a preferential transfer under 11 U.S.C. § 547(b).
Ruling: 
Trustee was able to avoid creditor's lien on debtor's car as a preferential transfer since the creditor delayed in perfecting the security interest until during the 90-day prefiling lookback period.
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Oliver v. Samadi (In re Oliver)

Plaintiff bankruptcy debtor brought an adversary proceeding against defendant secured creditor, challenging the extent of the creditor's claim. Upon remand from the district court, the bankruptcy court considered issues related to the creditor's entitlement to interest and punitive damages which were unresolved by prior orders.
Ruling: 
Creditor was entitled to postpetition and postdischarge interest on untimely loan repayments but not late charges and expenses since the latter were not provided for by agreement.
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In re Mulkey

After filing for chapter 13 bankruptcy protection, the debtors proposed a plan that provided for disparate treatment of unsecured creditors, namely the debtors proposed paying a higher amount on educational loans than on the debts owed to other unsecured creditors. The chapter 13 trustee objected to the confirmation of the debtors' plan under 11 U.S.C. § 1322, alleging that it discriminated unfairly against general unsecured claims.
Ruling: 
Debtors were denied confirmation of their chapter 13 plan where the plan unnecessarily favored education loan creditors over other unsecured creditors.
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Meininger v. Khanani (In re Khanani)

Plaintiff trustee filed an objection to defendant debtor's discharge in chapter 7 bankruptcy.
Ruling: 
Debtor was denied discharge where the debtor failed to provide trustee with subpoenaed books and records and made false statements regarding a property transfer.
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