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.

Veg Liquidation, Inc., In re--Fulmer v. Fifth Third Equip. Fin. Co.

Ruling: 
Dismissal of Chapter 7 trustee's suit challenging asset sale affirmed as it was an impermissiblecollateral attack where all of the acquired assets were subject to a competitive and good faithbidding process. (8th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 26,2019, LexisNexis #0919-055

Nabors Offshore Corp. v. Whistler Energy II, L.L.C. (In re Whistler Energy II, L.L.C.)

Ruling: 
Bankruptcy court erred in determining whether pre-demobilization costs met the standard foradministrative priority as it failed to consider whether the expenses benefitted the bankruptcyestate. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 26,2019, LexisNexis #0919-056

Vasvick, In re

Ruling: 
Trustee was entitled to judgment on a fraudulent transfer claim where debtors' transfer ofproperty was made with actual intent to hinder, delay, or defraud any of their creditors. (Bankr.D.N.D.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-065

Belmonte, In re--Jones v. Brand Law Firm, P.A.

Ruling: 
Avoidance of second mortgage and post-petition loan payments was not a double recovery andwas properly affirmed. (2d Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-066

Garza, In re--Garza v. CMM Enters., LLC

Ruling: 
Court limited the award of attorney's fees for willful stay violations as debtor's counsel didnot make any effort to resolve the matter before filing the adversary proceeding. (Bankr. S.D.Tex.)
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Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-054

Benjamin, In re--Benjamin v. United States, SSA

Ruling: 
42 U.S.C. § 405(h) does not bar bankruptcy courts from exercising their jurisdiction under §1334 to hear Social Security claims. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-075

Brown, In re

Ruling: 
Debtor's motion for contempt granted where creditor received notice of the discharge orderbut refused to stop the garnishment until it received the motion for contempt. (Bankr. N.D.Miss.)
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Consumer case opionion summary, case decided on July 24,2019, LexisNexis #0919-063

Hanson, In re

Ruling: 
Debtor's were entitled to transfer their case back to the original bankruptcy court as it was inthe best interest of justice for the original bankruptcy court to interpret its own confirmationorder. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on July 24,2019, LexisNexis #0919-046

Renegar Golf, LLC, In re

Ruling: 
Creditor was required to prosecute his equitable subordination claims in an adversaryproceeding. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on July 24,2019, LexisNexis #0919-058

Rossman, In re

Ruling: 
Debt owed to judgment creditor deemed nondischargeable as the debtor's conduct met thedefinition of actual fraud. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on July 24,2019, LexisNexis #0919-035

Andrews, In re

Ruling: 
Debtor's indebtedness excepted from discharge where he knew his actions, knew the orders ofthe court, but acted to damage and injure the settlement class. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on July 24,2019, LexisNexis #0919-036

Wright, In re

Ruling: 
Confirmation of debtor's Chapter 13 plan denied where interest accruing on non-dischargeable student loans was non-dischargeable. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on July 23,2019, LexisNexis #0919-062

Andrews, In re

Ruling: 
Garnished funds were avoidable preferences under 11 U.S.C. § 547 as debtor's debts were notprimarily consumer debts. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on July 23,2019, LexisNexis #0919-064

Fedoruk, In re

Ruling: 
Motion to dismiss debtors' Chapter 7 bankruptcy case was denied as debtors qualified asChapter 7 business debtors and creditor failed to demonstrate that debtors acted in bad faith.(Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 23,2019, LexisNexis #0919-067

Marvelay, In re

Ruling: 
Motion for approval of agreement was granted as the agreement allowed trustee toredistribute funds that would be payable to the State to those injured consumers who hadfiled claims. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on July 23,2019, LexisNexis #0919-068

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