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.

Felix, In re

Ruling: 
Appellate panel affirmed court's order denying debtors' Ohio homestead exemption as the debtors changed their professed housing plans when they became aware of a recording error. (6th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-038

Advanced Vascular Res., In re--Hadeed v. Advanced Vascular Res.

Ruling: 
Court directed U.S. trustee to appoint chapter 11 trustee to manage LLC's bankruptcy estate as the bankruptcy case was part of a broader dispute. (Bankr. W.D. Pa.)
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Commercial case opionion summary, case decided on April 06,2018, LexisNexis #0518-056

Berkland, In re

Ruling: 
Debtor was not prohibited from modifying a secured claim a mortgagee held against real property that was both the debtor's principal residence and rental property. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-058

Foster, In re

Ruling: 
Court found that LLC and its former partner violated § 526 for omissions of FDCPA lawsuits on their Statement of Financial Affairs. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-045

Lewis v. Kaelin

Ruling: 
Appellate panel affirmed court's order allowing trustee to avoid postpetition transfer where check was delivered to the creditor prepetition but honored by the debtor's bank postpetition. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-049

Parrish, In re

Ruling: 
Court deemed individual shared responsibility payment that was imposed for failure to obtain health insurance under the Affordable Care Act as a penalty and was therefore not entitled to priority status. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-037

Williams, In re--CNH Indus. Capital Am. LLC v. Williams

Ruling: 
Debt deemed nondischargeable as debtor failed to pay the creditor with proceeds from the unauthorized sale of farming equipment. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 05,2018, LexisNexis #0518-041

Spenlinhauer, In re

Ruling: 
Court concluded that trustee has demonstrated excusable neglect in failing to oppose dismissal where the deadline for filing a response was short and compliance with the court's order to show cause was not directed to the trustee. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 05,2018, LexisNexis #0518-060

Gates, In re

Ruling: 
Court sanctioned attorney for disruptive and abusive behavior directed toward court security personnel on multiple occasions upon entering a federal courthouse. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on April 05,2018, LexisNexis #0518-031

FWLL, Inc., In re--Osherow v. Tex. Silica Logistics J.V.

Ruling: 
Trustee could avoid fraudulent transfer to investor as debtor was insolvent on the date of transfer. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on April 05,2018, LexisNexis #0518-048

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

Ruling: 
Court held that debtor met his burden of showing that his student loan debt was dischargeable under the totality of the circumstances test. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 04,2018, LexisNexis #0518-043

Cantrell Drug Co., In re--Cantrell Drug Co. v. United States

Ruling: 
Court concluded that an FDA action was excepted from automatic stay where the FDA was seeking primarily injunctive relief and would not have enjoyed an economic advantage over the debtor's creditors. (Bankr. E.D. Ark.)
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Commercial case opionion summary, case decided on April 04,2018, LexisNexis #0518-033

Health Diagnostic Lab., Inc., In re

Ruling: 
Court granted the motion to appoint a permanent liquidating trustee as objecting parties have not established a set of facts sufficient to bar the appointment. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on April 03,2018, LexisNexis #0518-057

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