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.

Kemp, In re--Kemp v. United States Dep't of Educ.

Ruling: 
Debtor was not eligible to have her student loan discharged where court determined thatdebtor's financial difficulties were the result of choices she has made and are not long term.(B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-015

Quackenbush, In re--Quackenbush v. United States Dep't of Educ.

Ruling: 
Debtor was not entitled to have her student loan discharged as she failed to produce anyevidence to show that she cannot secure at least part-time employment in any profession andthat she has made a good faith effort to repay her student loans. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-016

Ky. Emples. Ret. Sys. v. Seven Counties Servs.

Ruling: 
A nonprofit provider of mental health services was eligible to file under chapter 11 as it wasnot a governmental unit. (6th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 24,2018, LexisNexis #1018-001

Charters, L.L.C., In re--Martinez v. OGA Charters, L.L.C.

Ruling: 
Court found that proceeds of the debtor's liability policy are property of the bankruptcy estateas the policy limit is insufficient to cover a multitude of related claims. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 24,2018, LexisNexis #1018-017

McCowan, In re

Ruling: 
Trustee's objection to claim contesting the secured status of a bank was allowed as trustee canassert his strong-arm rights under § 544 defensively without being bound by the timerestrictions found in § 546. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-018

Sine, In re

Ruling: 
Debtors' plan had to provide for the secured claim of the boat in the amount of the presentvalue instead of the entire contract debt. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-024

Wisdom, In re--Wisdom v. Gugino

Ruling: 
Debtor's request seeking court's certification of its orders dismissing three defendants fordirect appeal was denied as debtor has not shown that a direct appeal from the dismissalorders will materially advance the progress of the adversary proceeding. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-028

Petersen, In re

Ruling: 
Attorney sanctioned for knowingly and willingly permitting a different law firm to use hiselectronic filing credentials. (Bankr. S.D. Iowa)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-030

Samuel, In re

Ruling: 
Motion for recusal denied as the record demonstrated that the court's decisions had beensound, anchored in both law and fact, and were not the result of bias or prejudice against thedebtors or in favor of another. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-006

Dotson, In re

Ruling: 
Debtors' chapter 7 petition should be dismissed where court determined that debtors choseto finance excessive spending beyond their means and had the ability to fund a chapter 13plan. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-022

Yurdumyan, In re--Gottlieb v. Gemilyan

Ruling: 
Claim was disallowed as defendant performed construction work while unlicensed. (Bankr.C.D. Cal.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-007

Wojtkun, In re--Butler v. Wojtkun

Ruling: 
Court would issue an order that compels the debtor to comply with his duties under § 521(a)(3)and includes a prohibition against debtor's soliciting patients of the professional corporation.(Bankr. D. Mass.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-009

Rockwell, In re

Ruling: 
Cash proceeds from sale of property that remained in debtor's control as of the conversiondate were exempt and beyond the reach of the chapter 7 trustee. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-010

McCowan, In re

Ruling: 
Trustee's objection to debtor's homestead exemption overruled where debtor's reliance on abank's erroneous representation that it had a lien on the property constituted excusableneglect. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-029

Sandalwood Nursing Ctr., Inc., In re--Schuler v. Sandalwood Nursing Ctr., Inc.

Ruling: 
Court granted debtor limited relief from automatic stay as debtor was a corporation in achapter 7 case and would not receive a discharge. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-005

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