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.

MobileDirect, Inc., In re

Ruling: 
Chapter 11 bankruptcy case was dismissed as the debtor acted in a manner inconsistent with its confirmed plan. (Bankr. D. Mont.)
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Commercial case opionion summary, case decided on May 24,2018, LexisNexis #0618-111

Toys "R" Us, Inc., In re

Ruling: 
Landlord's objections to the proposed assumption and assignment of lease overruled as there were no provisions in the debtors' lease or any applicable master agreement relating to tenant mix and balance that prohibited the assignment. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 24,2018, LexisNexis #0618-097

Yuska, In re

Ruling: 
Proofs of claim set out an enforceable right to payment for taxing authority's assessment amounts as the debtor did not provide any evidence that they were wrong. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on May 24,2018, LexisNexis #0618-098

Marincek, In re--Headley v. Marincek

Ruling: 
Judgment was excepted from discharge as debtor breached his contract with the plaintiff by obtaining services by fraudulent misrepresentation or actual fraud. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on May 24,2018, LexisNexis #0618-103

Bronx Miracle Gospel Tabernacle Word of Faith Ministries, In re

Ruling: 
Trustee's motion to dismiss debtor's case was granted where debtor's monthly operating reports show that debtor had sustained additional losses since it declared bankruptcy. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on May 23,2018, LexisNexis #0618-110

Brown, In re

Ruling: 
Motion to certify direct appeal denied as the facts in the instant case were materially different and an appeal would not have resolved a perceived conflict in two district court cases. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0618-116

Johnson, In re--Johnson v. United States Dep't of Educ.

Ruling: 
Recusal was not warranted as debtor has not shown the appearance of partiality. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0618-117

Hathaway, In re--Nelson v. Hathaway

Ruling: 
Court denied defendants' motion to dismiss dischargeability complaint as plaintiff complied with the deadline set by the bankruptcy clerk. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on May 23,2018, LexisNexis #0618-120

Napier, In re

Ruling: 
Debtors' objections to the proofs of claim were denied where all of the information the debtors included in their schedules matches up readily with the proofs of claim. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-119

Denny, In re

Ruling: 
Court granted trustee's motion for sanctions because attorney failed to provide promised services to clients and misrepresented the services he would provide. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-106

Franchise Servs. of N. Am., In re--Franchise Servs. of N. Am. v. United States Trs.

Ruling: 
Federal bankruptcy law does not prevent a bona fide equity holder from exercising its voting rights to prevent a corporation from filing a voluntary bankruptcy petition just because it also holds a debt owed by the corporation and owes no fiduciary duty to the corporation or its fellow shareholders. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on May 22,2018, LexisNexis #0618-091

Diaz, In re--Cisneros v. Diaz

Ruling: 
Real property debtor owned with her non-filing spouse was a community property and thus had to be turned over to the debtor's bankruptcy estate. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-108

Penson Worldwide, In re--Penson Techs. LLC v. Schonfeld Grp. Holdings LLC

Ruling: 
Court had jurisdiction to hear LLC's adversary proceeding as the case was, at its heart, an objection to a proof of claim. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on May 21,2018, LexisNexis #0618-118

Bateman, In re

Ruling: 
Motion to compel arbitration was denied where arbitration of a contempt proceeding for violation of the discharge injunction inherently conflicted with the bankruptcy code and undermined it's authority to enforce its orders and exercise its powers of contempt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 21,2018, LexisNexis #0618-105

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