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 21,500 opinion summaries by keyword, relevant code section, court and judge. Opinion summaries are provided by our partner LexisNexis® Collier and are updated weekly.

Nichols, In re--Nichols v. Marana Stockyard & Livestock Mkt., Inc.

Ruling: 
Conversion of Chapter 13 case to Chapter 7 rather than dismissal affirmed as in the bestinterests of creditor. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-071

Elliott v. Pac. Western Bank

Ruling: 
Perfected lien on the debtor's IRA funds was not voidable as the lien did not impair aninterest in his property on the date he filed his Chapter 7 bankruptcy petition. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-059

Smith, In re

Ruling: 
Property could not be recovered for the estate where debtor was divested of legal title to theproperty several months prior to the commencement of the bankruptcy case.. (Bankr. N.D.Miss.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-064

Hughes, In re

Ruling: 
Automatic stay lifted as debtor failed to make post-petition mortgage payments for more thantwo years with no intention of providing for the claim or the lien. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-055

Motors Liquidation Co., In re

Ruling: 
Motions to file late proofs of claim ten years after the bar date denied as plaintiffs failed toestablish excusable neglect. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-075

Landon, In re--Ford v. Landon

Ruling: 
Probate judgment did not provide sufficient evidence to satisfy the element of willfulness fordetermination of nondischargeability. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-061

Gray, In re--Louisiana Workforce Comm'n v. Gray

Ruling: 
Creditor's motion seeking a judgment that debt owed by debtor was nondischargeable wasgranted as the debtor represented that he was unemployed even during periods he wasemployed and earning wages. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on August 10,2020, LexisNexis #0920-060

Dear, In re

Ruling: 
Debtor's motion for imposition of automatic stay in third case filed after two dismissals wasgranted where he filed the petition in good faith with clear and convincing evidence. (Bankr.D. Kan.)
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Consumer case opionion summary, case decided on August 10,2020, LexisNexis #0920-054

In re--Murray Oak Grove Coal, LLC v. Bay Point Capital Partners II, LP

Ruling: 
Court required application of the replacement-value standard as secured creditor's collateralwas not being surrendered to the creditor. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 08,2020, LexisNexis #0920-057

Khan, In re

Ruling: 
Fees the firm incurred in rendered legal service was reasonable, but the number of hours spentin seeking the court's approval was not. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on August 08,2020, LexisNexis #0920-051

Murray Metallurgical Coal Holdings, LLC, In re

Ruling: 
Creditor could not elect to treat its claim as fully secured where collateral was being soldunder the plan and forfeited any right it had to credit bid on the collateral alone when itconsented to the bidding procedures. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 08,2020, LexisNexis #0920-068

Glaspell, In re--Glaspell v. United States

Ruling: 
Debtor’s complaint for reimposition of the automatic stay denied and subrogation of creditor’sclaim against the estate was not available as debtor and the estate were not co-debtors. (Bankr.N.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on August 07,2020, LexisNexis #0920-058

Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.

Ruling: 
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-065

Moore v. Sanchez (In re Sanchez)

Ruling: 
Discharge denied as the debtor made false statements under oath regarding ownership ofthree motor vehicles. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 07,2020, LexisNexis #0920-066

Seven Stars on the Hudson Corp., In re

Ruling: 
Case was dismissed for failure to meet statutory deadlines as debtor elected to proceed underSubchapter V after the applicable deadlines had passed. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-070

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