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.

Sachkowsky, In re--Buterick Bulkheading, Inc. v. Sachkowsky

Ruling: 
Debt was dischargeable absent showing that debtor acted with the intent and purpose ofdeceiving creditor. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on October 15,2021, LexisNexis #1221-007

Devine, In re--United States Tr. for Region 16 v. Devine

Ruling: 
Debtor's discharge denied where debtor made a transfer when he deposited a check with thecredit union and requisite intent was established. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on October 15,2021, LexisNexis #1221-017

Griego, In re

Ruling: 
Rule 3002.1 did not apply to creditor's claim as it was secured by a statutory lien rather than asecurity interest. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on October 14,2021, LexisNexis #1221-025

Wiles, In re--Simmons v. Wiles

Ruling: 
State court directed verdict awarding damages for injury from willful and intentional firing ofweapon was nondischargeable. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 13,2021, LexisNexis #1221-011

Rigney, In re--Dr. Gil Center for Back, Neck and Chronic Pain Relief v. Rigney

Ruling: 
Post-judgment award of attorney's fees denied as there was both a reasonable legal and factualbasis for the adversary proceeding. (Bankr. E.D. Tenn.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on October 12,2021, LexisNexis #1221-012

Swink, In re--Swink v. Fannie Mae

Ruling: 
Debtor's motion to dismiss granted in part as the debtor sufficiently alleged that defendantsfailed to properly credit payments during the prior bankruptcy case. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on October 12,2021, LexisNexis #1221-013

Colusa Reg'l Med. Ctr., In re

Ruling: 
Chapter 7 trustee was allowed the reduced amount of $84,579.02 in fees on therecommendation of the United States Trustee in accordance with the rational relationship test.(Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on October 12,2021, LexisNexis #1221-001

Allende, In re--Allende v. United States HUD

Ruling: 
Junior lien held by U.S. Department of Housing and Urban Development over Chapter 13debtor's residence was totally unsecured and was subject to modification after debtorcompleted all payments under the plan. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on October 08,2021, LexisNexis #1221-020

Emerald Grande, LLC, In re

Ruling: 
Claim for attorneys' fees involved in failed sale and purchase of a hotel was allowed as anadministrative expense as it was an actual and necessary expense. (Bankr. N.D. W. Va.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on October 07,2021, LexisNexis #1221-003

Collins, In re--Menges v. Collins

Ruling: 
Debt was nondischargeable where debtor willfully, maliciously, and intentionally injured theplaintiff during a verbal dispute. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on October 07,2021, LexisNexis #1121-088

Margavitch, In re--Margavitch v. Southlake Holdings, LLC

Ruling: 
Debtor failed to establish that creditors' refusal to withdraw the valid pre-petition attachmentonce they were informed that debtor had filed for bankruptcy was a stay violation. (Bankr.M.D. Pa.)
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Consumer case opionion summary, case decided on October 06,2021, LexisNexis #1121-080

Becker, In re

Ruling: 
Relief from automatic stay was granted to permit the husband to proceed with equitabledistribution in state court in order to determine the parties' respective rights to their maritalproperty. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on October 06,2021, LexisNexis #1121-081

John Q. Hammons Fall 2006, LLC, In re

Ruling: 
The 2017 amendment to 28 U.S.C. § 1930(a)(6) was unconstitutionally nonuniform as it allowedhigher quarterly disbursement fees on Chapter 11 debtors in Trustee districts than inBankruptcy Administrator districts. (10th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on October 05,2021, LexisNexis #1221-024

Lowry, In re--Apollo Medflight, LLC v. Lowry

Ruling: 
Debt was nondischargeable where creditor justifiably relied on the assurances of the debtor'ssister that the insurance check would be forwarded to the creditor upon receipt. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on October 05,2021, LexisNexis #1221-009

Parker Sch. Unifs., LLC, In re--Burtch v. Salem Inv. Partners, III, LP

Ruling: 
Trustee's complaint in preference proceeding dismissed in its entirety as trustee failed toplead facts to support contention that defendant was a statutory insider. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 05,2021, LexisNexis #1221-014

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