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.

Butz, In re--Campbell v. Butz

Ruling: 
Debtors were denied of discharge for exercising dominion and control over the loan proceeds provided by plaintiffs and for concealment of records. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on January 05,2021, LexisNexis #0218-053

Formosa, In re

Ruling: 
Postpetition attorneys' fees were not recoverable as they were not incurred to protect interest in debtor's property. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on January 19,2018, LexisNexis #0218-114

Benjamin, In re

Ruling: 
Debtors were allowed to reopen their case to list a lawsuit as an asset of their bankruptcy estate but needed to show excusable neglect. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on January 19,2018, LexisNexis #0218-118

Bella Logistics LLC, In re

Ruling: 
Creditor's claim for the period from the petition date through conversion of the case was classified as a chapter 11 administrative expense claim and was allowed. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on January 19,2018, LexisNexis #0218-105

Woodruff, In re

Ruling: 
Motion to convert chapter 7 case to a chapter 11 case was denied as cause existed to immediately reconvert or dismiss the case if conversion was granted. (Bankr. M.D. Ga.)HOLDINGSL [1]-A debtor's motion to convert his Chapter 7 case to a Chapter 11 case under 11 U.S.C.S. § 706(a) was denied under the totality of the circumstances as the debtor had not filed tax returns, which would constitute cause for dismissal under 11 U.S.C.S. § 1112(b)(4)(I); [2]-The debtor could not insure the estate against diminution, which would constitute cause under § 1112(b)(4)(C); [3]-Cause existed under § 1112(b)(4)(A) as allowing the debtor to propose a liquidating Chapter 11 plan for a single asset estate would subject the estate to continuing diminution without a reasonable likelihood of rehabilitating his finances; [4]-He had no reliable source of income to offset Chapter 11 expenses; [5]-He inappropriately attempted to dissuade the trustee from representing the estate's interests; [6]-If the case were converted, cause existed to immediately reconvert or dismiss the case.Woodruff, In re, 2018 Bankr. LEXIS 125 (Bankr. M.D. Ga. January 19, 2018) (Laney, III, B.J.).
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Consumer case opionion summary, case decided on January 19,2018, LexisNexis #0218-109

Douay, In re

Ruling: 
Purchased vehicle was not for the personal use of the debtor as his non-filing partner was the lone operator of the vehicle as of the petition date, regardless if they were in one household. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on January 19,2018, LexisNexis #0218-110

Horned Dorset Primavera Inc., In re

Ruling: 
Creditor's claim was deemed a priority claim as the debtor waived the prescriptive term for collection of the debt pursuant to a final agreement. (Bankr. D.P.R.)
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Commercial case opionion summary, case decided on January 19,2018, LexisNexis #0218-096

Mem'l Prod. Partners LP, In re--Beta Operating Co., LLC v. Aera Energy, LLC

Ruling: 
Substitution of surety bonds for the cash within a trust did not result in an impairment of previous owners' interests under the plan. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 19,2018, LexisNexis #0218-112

Rollison, In re

Ruling: 
Motion to reopen chapter 7 case to add unlisted creditors was denied as reopening the case would not affect the dischargeability of the unlisted debts. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on January 18,2018, LexisNexis #0218-100

Filice, In re--Filice v. United States

Ruling: 
Court reopened debtor's second chapter 7 bankruptcy case and vacated the discharge order that was entered as a clerical mistake. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on January 18,2018, LexisNexis #0218-120

Motors Liquidation Co., In re

Ruling: 
LLC that purchased substantially all the assets belonging to the debtor did not have standing to contest the validity of a settlement agreement that claimants negotiated with a trust. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on January 18,2018, LexisNexis #0218-107

Sundquist, In re--Sundquist v. Bank of Am., N.A.

Ruling: 
Court approved confidential settlement between debtors and a bank. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on January 18,2018, LexisNexis #0218-092

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