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 20,000 opinion summaries by keyword, relevant code section, court and judge. Opinion summaries are provided by our partner LexisNexis® Collier and are updated weekly.

Dee's FoodService ABQ Inc., In re

Ruling: 
Court did not have jurisdiction over claims to unclaimed funds that first arise after dismissalof a chapter 11 case. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-087

Mercado, In re--Miranda v. Banco Popular de Puerto Rico

Ruling: 
Trustee could not avoid an unrecorded mortgage as transfer in debtor's real property where aprepetition transfer never occurred in its favor as bank did not record the mortgage deed overdebtor's real property. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on June 15,2018, LexisNexis #0718-074

Shiloh Mgmt. Servs., In re--Hillen v. Preston Roth IRA, LLC

Ruling: 
Deeds of trust were not subject to avoidance as court held that each of the acknowledgmentsat issue substantially complies with the corporate acknowledgment form specified by statute.(Bankr. D. Idaho)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-075

Beighey, In re

Ruling: 
Dismissal of chapter 7 bankruptcy case was appropriate where debtors' high incomeprecludes them from rebutting the presumption of abuse. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 15,2018, LexisNexis #0718-079

Ellis, In re

Ruling: 
Court denied debtor's discharge where debtor intentionally and fraudulently disposed ofproperty from her bankruptcy estate, failed to keep adequate records, and knowingly andfraudulently misled her creditors and the bankruptcy trustee. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on June 15,2018, LexisNexis #0718-081

Rivera Guzman, In re

Ruling: 
Case was dismissed for debtor's continuously unexcused failure to comply with his pre andpost-petition domestic support ibligation payments. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on June 15,2018, LexisNexis #0718-084

Tara Retail Grp., Inc., In re

Ruling: 
Debtor's motion to surcharge was denied as debtor's attorney's fees and expenses requestedin the fee application were not incurred primarily to protect or preserve creditor's collateral.(Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-069

Misenti, In re

Ruling: 
Creditor granted in rem relief from automatic stay as debtor had engaged in a scheme tohinder, delay, and defraud the creditor by continuously forestalling the foreclosure ofdebtor's property. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on June 14,2018, LexisNexis #0718-065

Moultrie, In re--Official Comm. of Unsecured Creditors v. Moultrie

Ruling: 
Court found conversion necessary to maximize value to the estate due to debtor's lack oftransparency regarding potentially unscheduled assets. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on June 14,2018, LexisNexis #0718-083

Ugas, In re--Alliance One Receivables Mgmt. v. Ugas

Ruling: 
Judgment deemed nondischargeable as debtor acted with subjective intent to cause injury.(Bankr. D. Or.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-070

Mejia, In re--Mejia v. Partners for Payment Relief LLC

Ruling: 
Defendants sanctioned for coercing debtor under threat of eviction into paying herdischarged loan in violation of the discharge injunction. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-072

Klitsch, In re

Ruling: 
LLC sanctioned for filing three bankruptcy petitions without first securing signatures onthose documents from their clients. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-089

Johnson, In re--RentalAccess, LLC v. Johnson

Ruling: 
Rejection of a lease created cause for relief from the automatic stay. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-063

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