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.

Skyline Ridge, LLC, In re--Skyline Ridge, LLC v. Cinco Soldados, LLC

Ruling: 
Proceeding for judgment on note and foreclosure dismissed under the unambiguous termsof the debtor’s confirmed plan. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on April 30,2021, LexisNexis #0621-049

Villas of Windmill Point II Prop. Owners Ass'n, In re--Osborne v. Lesko

Ruling: 
Improperly computed wage claim disallowed on trustee’s objection. (Bankr. S.D. Fla.)The Wage Claim failed as a claim under 11 U.S.C. § 507(a)(4)(A) and must be valued at zero becausedefendant director's asserted hours included time for which he was administratively adjudicated to bedisabled and therefore unable to work and the director's computations did not reflect any reductions inbilled hours for holidays, vacations, or, significantly, his own incarceration; [2]-Trustee's objection to theBonus Claim was sustained because like the Wage Claim, Severance Claim, and Delinquency Claim, itwas the product of ultra vires acts by the directors.Villas of Windmill Point II Prop. Owners Ass'n, In re--Osborne v. Lesko, 2021 Bankr. LEXIS 1144 (Bankr. S.D. Fla.April 29, 2021) (Mora, B.J.).
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Commercial case opionion summary, case decided on April 29,2021, LexisNexis #0621-032

Circuit City Stores, Inc., In re--Siegel v. Fitzgerald

Ruling: 
Bankruptcy court erred in holding that the amended quarterly fee statute isunconstitutionally non-uniform. (4th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on April 29,2021, LexisNexis #0621-050

Longmire, In re--Kessler v. Longmire

Ruling: 
Debt was dischargeable as the creditor did not reasonably rely on debtor’s statements aboutthe income and residence in deciding to make its loan. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-037

Frausto, In re

Ruling: 
Trustee was entitled to turnover of a vehicle as the court could not recognize a resultingtrust in a motor vehicle. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-040

DeFlora Lake Dev. Assocs., In re--DeFlora Lake Dev. Assocs. v. Hyde Park

Ruling: 
Interests debtor held in escrowed deeds on petition date were property of the estate andsubject to turnover. (Bankr. S.D.N.Y.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on April 29,2021, LexisNexis #0621-041

Cyrus Capital Partners, L.P.

Ruling: 
Plaintiff's avoidance claims were timely because tolling was triggered by filing of Chapter15 petition. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 29,2021, LexisNexis #0621-026

U.S.A. Parts Supply, In re

Ruling: 
Debtor's case was dismissed as debtor suffered continuing losses in the absence of areasonable likelihood of rehabilitation. (Bankr. N.D. W. Va.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on April 28,2021, LexisNexis #0621-046

Biz As Usual, LLC, In re

Ruling: 
Debtor's fifth amended plan was denied where it was not feasible because it was filled withtoo many speculative contingencies and it was not fair and equitable. (Bankr. E.D. Pa.)
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Commercial case opionion summary, case decided on April 28,2021, LexisNexis #0621-047

Cole, In re--Cole v. Rossman

Ruling: 
Defendant's actions did not violate the automatic stay because the challenged messageswere not made to collect, assess, or recover a claim against the debtor. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 28,2021, LexisNexis #0621-027

M & C P'ship, In re

Ruling: 
Single asset real estate case dismissed due to lack of reasonable likelihood of filing aconfirmable plan. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on April 28,2021, LexisNexis #0621-044

Cornerstone Valve LLC, In re

Ruling: 
Claim that was not for rejection damages and was filed after the bar date for general claimsbut before the bar date for rejection damages claims was not timely filed. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on April 27,2021, LexisNexis #0621-029

Francis, In re--Francis v. Desmond

Ruling: 
Bankruptcy court's denial of Chapter 7 debtor's discharge and dismissal of his bankruptcypetition was proper due to debtor's continued failure to comply with lawful court orders.(1st Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-034

Benfield, In re--United States v. Benfield

Ruling: 
Consent judgment pursuant to the False Claims Act was nondischargeable. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-036

Martin, In re--Demory v. Martin

Ruling: 
Debt arising from a state court default judgment was nondischargeable as debtor's conductand misrepresentations created an overall false impression that induced plaintiff tocontinue making payments. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-038

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