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.

Santos, In re

Ruling: 
Court ordered that case be flagged as an unauthorized bankruptcy filing as the purporteddebtor did not sign the petition and bankruptcy pleadings. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on November 26,2020, LexisNexis #0120-001

State Dep't of Revenue v. Blixseth

Ruling: 
Montana Department of Revenue lacked standing to file an involuntary Chapter 7 bankruptcypetition as the vast majority of the claim was subject to a bona fide dispute. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on November 26,2019, LexisNexis #0120-003

Abuali, In re

Ruling: 
Court granted debtor's motion to convert case to Chapter 13 as it could not conclude thatconversion would be futile or that debtor could not fully perform a confirmed Chapter 13plan. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on November 26,2019, LexisNexis #0120-019

Ultra Petroleum Corp., In re--Keystone Gas Gathering, L.L.C. v. Ad Hoc Comm.

Ruling: 
Court erred in ruling that creditors were impaired by the plan that paid them everythingallowed by the bankruptcy code as the plan itself did not alter the creditor's legal, equitable,or contractual rights. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on November 26,2019, LexisNexis #0120-020

Aspen Village at Lost Mt. Assisted Living, LLC, In re

Ruling: 
Confirmation was denied as debtors' plan did not provide a secured creditor with the presentvalue of its claim. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on November 26,2019, LexisNexis #0120-021

Belew, In re--Rucker v. Belew

Ruling: 
Judgment affirmed where federal law provided no authority for bankruptcy courts to deny anexemption on a ground not specified in the bankruptcy code. (8th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on November 26,2019, LexisNexis #0120-011

Hawaii Island Air, In re--Kane v. Island Leasing, LLC

Ruling: 
Debtor's transfer of $400,000 to defendant was avoidable as a preferential transfer of aninterest in property of the debtor. (Bankr. D. Haw.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on November 25,2019, LexisNexis #0120-016

King, In re

Ruling: 
City was entitled to relief from stay due to debtor's lack of post-petition payments but notentitled to retroactive relief that would cure admitted stay violation. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on November 25,2019, LexisNexis #0120-004

Donnadio, In re--Santander Consumer USA Inc. v. Donnadio

Ruling: 
Court erred in confirming debtors' plan as it did not include a nonstandard plan provision thataddressed a creditor's lien retention. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on November 25,2019, LexisNexis #0120-023

Miller, In re

Ruling: 
Former landlord of Chapter 13 debtor was not entitled to a priority claim for an unpaidsecurity deposit under a residential lease. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on November 25,2019, LexisNexis #0120-010

Olson, In re

Ruling: 
Conversion of Chapter 12 case denied as the pre-petition forgery and conversion alleged bycreditor had no connection with the case. (Bankr. D. Mont.)
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Consumer case opionion summary, case decided on November 22,2019, LexisNexis #0120-022

Sec. Inv’r Prot. Corp. v. Bernard L. Madoff Inv. Sec., LLC

Ruling: 
Trustee was entitled to avoid more than $3 million in fraudulent transfers that were made withactual intent to defraud. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on November 21,2019, LexisNexis #0120-017

Pick-Your-Own, Inc., In re

Ruling: 
Injunctive relief preventing creditor from pursuing counterclaim denied as debtor failed toshow or allege danger of imminent, irreparable harm. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on November 21,2019, LexisNexis #0120-002

Mainous, In re

Ruling: 
Limited stay relief granted to allow a creditor to seek injunctive relief against the individualdebtors in state and federal courts. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on November 21,2019, LexisNexis #0120-006

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