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.

Morris, In re

Ruling: 
Confirmation of chapter 12 plan denied where debtor has history of being unable to make timely payments and the amounts provided to the court did not show that debtor has reasonable chance of successfully carrying out his duties and obligations under the plan. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-111

Roos, In re

Ruling: 
Debtor was entitled to claim an exemption in any amount under Tennessee Code Annotated section 26-2-301 in property that he owns jointly as tenants in common for life with remainder to the survivor in fee. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-098

Shelton, In re

Ruling: 
Confirmation of plan denied as the payment structure of the debtor's "step" plan was not proposed in good faith. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-114

Rakay, In re--Roettger v. Rakay

Ruling: 
Court found that a portion of an award was nondischargeable due to the preclusive effect of the arbitrator's findings regarding the fraudulent conveyance of two vehicles. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-099

Kearney, In re

Ruling: 
Court concluded that it would be fair and reasonable to give counsel access to the produced realty company documents. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-118

Horlbeck, In re--Tillman Enters., LLC v. Horlbeck

Ruling: 
Debt owed under settlement agreement was dischargeable where debtor established that claims alleged by plaintiff and the evidence were insufficient to establish a securities violation or fraud. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-103

Northstar Offshore Grp., LLC, In re

Ruling: 
Creditor's motion for leave to late-file proof of claim granted as it demonstrated sufficient reason for its delay in filing its proof of claim. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on September 14,2018, LexisNexis #1018-119

Delagrange, In re--Gargula v. Delagrange

Ruling: 
Court denied debtor's discharge as the debtor persistently failed to cooperate with the trustee and has blatantly flouted the requirements of the bankruptcy code and orders of the court. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-106

Um v. Spokane Rock I, LLC

Ruling: 
Debtors were not entitled to discharge a debt arising out of a state-court judgment for fraud and misrepresentation as the plan of reorganization was explicitly a liquidation plan and disposed of all the estate assets. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on September 14,2018, LexisNexis #1018-110

First River Energy, LLC, In re

Ruling: 
Financial advisor's first and final application for allowance of compensation was granted in part where court found that the tasks performed were consistent with the scope of work authorized under the retention order. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on September 13,2018, LexisNexis #1018-095

McMaken, In re

Ruling: 
Debtor's objection to his former employer's proof of claim was sustained as the former employer failed to meet its burden to prove that trustee was its fiduciary. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on September 13,2018, LexisNexis #1018-097

First River Energy, LLC, In re

Ruling: 
Debtor's counsel's first interim fee application was denied in part as fees associated with the filing were not reasonable and necessary because those services only benefited debtor's board and its officers. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on September 13,2018, LexisNexis #1018-094

Osage Water Co., In re--Williams v. Hancock Constr. Co.

Ruling: 
Order of revival for the fourth judgment entered after the bankruptcy filing was void ab initio as it was a violation of automatic stay and was not entitled to the protection of the Rooker-Feldman doctrine. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on September 12,2018, LexisNexis #1018-096

Malek, In re

Ruling: 
Trustee's motion to dismiss the debtor's case granted where debtor failed without justification to promptly resolve the trustee's objection to confirmation of her plan and the delay was prejudicial to her creditors. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-113

Hoskins, In re

Ruling: 
Chapter 13 debtor's plan was not proposed in good faith as court believed that a good faith plan would include a proposal to pay the creditor 12% interest on its secured claim and would condition confirmation of an amended plan on that rate. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-115

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