Skip to main content

Rule 7056

Brown, In re--Brown v. U.S. Bank, N.A.

Ruling
Record in debtor’s husband’s bankruptcy case did not sufficiently establish the validity of debt in debtor’s case for res judicata or collateral estoppel to apply. (Bankr. W.D. Tenn.)
Issue(s)
Summary Judgment.

ABI Membership is required to access the full summary of Brown, In re--Brown v. U.S. Bank, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 18, 2025 , LexisNexis #1025-097

JSmith Civ., LLC v. United States (JSmith Civ., LLC)

Ruling
Debtor’s claim for employee retention credits due to business disruptions caused by employee illness, quarantines, and supply chain issues dismissed as these were general COVID-19 pandemic conditions, not suspensions caused by qualifying governmental orde (Bankr. E.D.N.C.)
Issue(s)
Summary Judgment.

ABI Membership is required to access the full summary of JSmith Civ., LLC v. United States (JSmith Civ., LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 07, 2025 , LexisNexis #1025-096

Marshall v. Illinois Dept of Healthcare & Family Servs. (In re Jennings)

Ruling
Trustee has power and responsibility to recover an erroneous payment.
Issue(s)
Could trustee recover funds erroneously distributed to state department of healthcare and family services pursuant to debtor's chapter 13 plan?

ABI Membership is required to access the full summary of Marshall v. Illinois Dept of Healthcare & Family Servs. (In re Jennings) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 24, 2014 , LexisNexis #1014-105

In re Medlar

Ruling
Debtor not entitled to emergency injunction against condominium association that had already been granted relief from stay.
Issue(s)
Whether debtor was entitled to an injunction under Fed. R. Civ. P. 65(a) to enjoin a condominium owners association from taking further action with respect to securing his unit.

ABI Membership is required to access the full summary of In re Medlar Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 05, 2014 , LexisNexis #0214-140

Lemeh v. Scott (In re Tom Nebel PC)

Ruling
Debtor's clients had sole claim to appeal bond funds held by court clerk.
Procedural posture

Chapter 7 trustee filed two adversary proceedings against a court clerk and the debtor's clients, concerning certain funds held by the clerk in which both the clients and the trustee claimed an interest. The disputed funds were deposited pursuant to a chancery court's order in a shareholder derivative action tried by the debtor on behalf of the clients. The trustee and the clients filed cross motions for summary judgment.

ABI Membership is required to access the full summary of Lemeh v. Scott (In re Tom Nebel PC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 16, 2009 , LexisNexis #0809-063

Bedra v. Direct Loan Serv. Sys. (In re Bedra)

Ruling
Debtor granted additional extension of time to respond to student loan creditor's motion for summary judgment due to possible oversight of counsel.
Procedural posture

Plaintiff debtor filed a complaint to determine the dischargeability of a student-loan obligation under 11 U.S.C.S. § 523(a)(8). Defendant creditor/bank field a motion for summary judgment. Although the debtor requested and was then granted an extension of time in which to respond, no response was filed.

ABI Membership is required to access the full summary of Bedra v. Direct Loan Serv. Sys. (In re Bedra) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 30, 2008 , LexisNexis #0909-027

Merrill v. Texas Guaranteed Student Loan Corp. (In re Merrill)

Ruling
Court was not obliged to conduct a hearing where it decided that the debtor's papers were insufficient to carry the debtor's burden of proving undue hardship.
Procedural posture

Plaintiff chapter 7 debtor brought an adversary proceeding against defendant creditor, seeking a finding of undue hardship and an order discharging her student loans pursuant to 11 U.S.C. § 523(a)(8). After the bankruptcy denied the debtor's summary judgment motion, she filed a motion for no ex parte proceedings and a motion for a protective order regarding ex parte proceedings.

ABI Membership is required to access the full summary of Merrill v. Texas Guaranteed Student Loan Corp. (In re Merrill) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on February 17, 2006 , LexisNexis #0306-140