Opinions
All court opinions may be accessed at no charge via PACER through the "Written Opinions" link on the Reports page. You must, however, have an account to access the report via CM/ECF or PACER.
Access to opinions from 1997 to present, that are PDF searchable, unrestricted & unsealed, are also available through the Government Printing Office using the Advanced Search for Government Publications. There is no login required and publications are available free of charge.
Court Opinions Database
The court's provides free access of some opinions, at the discretion of the judges, for the years 1998 to present. The results shown below are automatically displayed for all years, all judges, and all keywords/topics.
A search may be performed using the Search box above, or filtering by year, judge, and/or keyword/topic. To search for more than one judge and/or keywords/topics simultaneously, hold down the Ctrl key (or Command key) and select each item.
| Keywords/Topic | Date | Title | Description | Judge | |
|---|---|---|---|---|---|
| Attorneys Fees, Chapter 11, Fees, Professionals | 07/14/2017 | Railyard Company, LLC. |
Former chapter 11 DIP counsel sought approval of fee application. Debtor’s members objected, primarily on the grounds that counsel did not render zealous, beneficial representation because a chapter 11 trustee was appointed. The Court overruled the members’ objections but determined a 5% reduction in fees was appropriate after considering the factor in Johnson and section 330. |
Judge David T. Thuma | |
| Motion to Sell, Sales of Assets | 06/27/2017 | Gary Edward Sasso |
The Court granted the Chapter 7 Trustee’s motion to sell the estate’s interest in a condominium under § 363(b). The estate’s purported interest in the condominium was only a life estate interest. The purchaser, the estate’s largest unsecured creditor, agreed to withdraw its claim in addition to paying $12,000 cash to purchase the estate’s interest in the Condo, without warranty. The Trustee had sound business reasons for the sale, gave adequate and reasonable notice of the sale, and obtained a fair and reasonable price, and the buyer acted in good faith. The cash purchase price, combined with the withdrawal of the creditor’s claim, approximated the fair market value of a life estate interest in the condominium, and provided a meaningful distribution to unsecured creditors. |
Chief Judge Robert H. Jacobvitz | |
| Attorneys Fees, Damages, Discharge Injunction | 06/23/2017 | Sprague v. Williams et al |
Court held a damages trial on violation of the discharge injunction. Court awarded attorney fees, but found that Plaintiff failed to prove certain other damages. |
Judge David T. Thuma | |
| Employment of Professionals | 06/21/2017 | WM Distribution, Inc. |
Law firm’s simultaneous representation of the debtor and a related debtor entity was a disqualifying actual conflict of interest that could not be cured by hiring independent “conflicts counsel.” The related debtor entities had too many adverse interests central to their respective organization efforts for conflicts counsel to ameliorate the risk that the law form would be unable to give each debtor its undivided loyalty and provide to each debtor untainted advice and assistance.
|
Chief Judge Robert H. Jacobvitz | |
| Property of the Estate, Sales of Assets | 06/14/2017 | Railyard Company, LLC. |
The Chapter 11 Trustee sought to sell certain bowling equipment. Debtor’s members objected. The Court concluded that the bowling equipment was property of the estate, and the sale was fair and reasonable, and in the best intepropertyrests of the estate. The Bowling Equipment was sold free and clear of liens |
Judge David T. Thuma | |
| Collateral Estoppel, Discharge, Dischargeability, Nondischargeability, Res Judicata | 06/09/2017 | Monge et al. v. Jayme et al |
Defendants sought to dismiss Plaintiffs’ adversary complaint under Rule 12(b)(6). The Court determined Plaintiffs’ section 523 claims were barred by issue preclusion because the parties already litigated fraud, breach of fiduciary duty, etc. in the Texas bankruptcy court. The Court also determined the complaint stated a claim under section 727(a)(2) and/or (2)(4) but not the other subsections of 727. |
Judge David T. Thuma | |
| Chapter 11, Employment of Professionals, Professionals - Conflict of Interest | 06/08/2017 | Lightning Dock Geothermal HI-01, LLC. |
Debtor sought to employ special counsel under section 327(e) to litigate a claim objection and other pending litigation in a chapter 11 case. The Court determined that special counsel’s representation of Debtor’s corporate grandparent did not create a disqualifying conflict. |
Judge David T. Thuma | |
| Due Process, Reconsideration | 06/07/2017 | Judith A. Wagner v. David Lankford et al |
Law of the case doctrine precluded the Lankfords from reopening adversary proceeding for the purpose of vacating the summary judgments entered against them and trying the case on the merits. |
Chief Judge Robert H. Jacobvitz | |
| Dischargeability, Nondischargeability | 05/12/2017 | Steve Shapiro v. Shaun Christopher Morrow |
Creditor sought a nondischargeable judgment against Debtor/Defendant, his former horse-racing partner, for fraud, embezzlement, and breach of fiduciary duty. The Court determined the creditor did not carry his burden of fraudulent intent, but awarded $372.20 for embezzlement. The Court also determined the fiduciary duties between partners under the Uniform Partnership Act is not enough to demonstrate a breach of fiduciary duty for purposes of section 523(a)(4). |
Judge David T. Thuma | |
| Dismissal, Jurisdiction, Standing | 05/05/2017 | NM Enterprises, Inc. v. Harrington et al |
Creditor sought to subordinate certain claims of another creditor under 11 U.S.C. § 510(b) Court dismissed adversary proceeding because Plaintiff did not have standing to bring § 510(b) claims. Furthermore, the confirmed chapter 11 plan granted exclusive authority to the Debtor to pursue subordination claims. |
Judge David T. Thuma |