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.

Evans, In re--Heath v. Evans

Ruling: 
Court ruled that trustee could not avoid the prepetition transfer of real properties from debtor to defendant as trustee failed to raise requisite factual questions on his actual and constructive fraud claims. (Bankr. D. Guam)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-054

Brainard, In re--McKeon Law Grp., LLC v. Brainard

Ruling: 
Debtor was entitled to claim an exemption in an individual retirement account as the retirement fund distribution was not alimony. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-043

Newman, In re--Heritage Equities, LLC v. Newman

Ruling: 
Court declined to determine that any debt was nondischargeable as there was insufficient evidence to determine whether there remained a debt from one to the other. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-046

Bernhard, In re

Ruling: 
Debtor was ineligible to be a chapter 13 debtor as his liquidated unsecured debt exceeded the limit after adding a guaranty that was deemed liquidated. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-032

Harris, In re--United States DOL v. Harris

Ruling: 
Debtor committed defalcation when he chose to use plan assets to pay himself and other corporate expenses instead of remitting those assets to the employees' health insurance plan. (8th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-048

D'Arata, In re

Ruling: 
Counsel ordered to return fee he charged debtor as he failed provide adequate representation at the debtor's § 341 meetings. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-034

Gracia, In re

Ruling: 
Confirmation of the debtor's plan denied as basic facts were too unsettled and court could not assess whether debtor has proposed her plan in good faith. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-057

Ogalin, In re--Ogalin v. The Cadle Co.

Ruling: 
Plaintiff was entitled to avoid the fixing of the judicial liens on her interest in the property because the judicial liens impaired the plaintiff's homestead exemption. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-044

Immel, In re

Ruling: 
Objection to the lien-avoidance provision of the plan sustained where Wisconsin law prohibited avoidance of a consensual lien on property. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-045

Anderson, In re--Anderson Tooling, Inc. v. Anderson

Ruling: 
Debt was nondischargeable where court found that debtor's motive was to inflict injury when he intentionally and improperly interfered with business relationships. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-051

Rivera, In re--Wiscovitch v. Banco Popular De P.R.

Ruling: 
Bank's security interest was unavoidable where debtor's savings account was subject to the bank's lien because the bank had a perfected security interest in the debtor's savings account. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-053

Leeds, In re

Ruling: 
Motion to retroactively annul the automatic stay was denied as trustee breached his fiduciary duty to debtor's bankruptcy estate, service of the motion was insufficient, and the doctrine of unclean hands warranted denial of retroactive relief. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-038

Katsiroumbas, In re--Suits v. Katsiroumbas

Ruling: 
Discharge was denied as documentary evidence produced by debtor was contradictory and incomplete, and thus insufficient to allow assessment of his financial condition, and testimony did not adequately resolve the ambiguities. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-055

SoyNut Butter Co., In re

Ruling: 
Objecting parties were entitled to exercise their right to seek indemnification and defense under the insurance policy until the policy limits were exhausted as nothing authorized the trustee to use "free and clear" sales to expand debtor's rights beyond those allowed by the bankruptcy code. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-040

Energy Future Holdings Corp., In re

Ruling: 
Debtor was not entitled to an administrative expense claim as it was barred by the unambiguous, plain language of the merger agreement. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-041

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