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 23,000 opinion summaries by keyword, relevant code section, court and judge. Opinion summaries are provided by our partner LexisNexis® Collier and are updated weekly.

Kurimsky, In re--AVAIL 1, LLC v. Kurimsky

Ruling: 
Cause existed to grant movant creditor relief from the automatic stay as the bankruptcy courtwas required to give full faith and credit to state court judgment of foreclosure. (Bankr. D.Conn.)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-004

Carter, In re--Simpson v. Carter

Ruling: 
State court order for attorney's fees and costs was nondischargeable as the debt at issue wasawarded to debtor's former spouse in state child support litigation and was in the nature ofsupport. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on June 23,2021, LexisNexis #0821-013

Georges, In re--Geriatric Facilities of Cape Cod, Inc. v. Georges

Ruling: 
Debt was not nondischargeable because debtor’s breach of service agreement did not involvefraud, misrepresentation, false pretenses, or a breach of fiduciary duty. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on June 22,2021, LexisNexis #0821-010

Mitchell, In re

Ruling: 
Dismissal of Chapter 13 case was granted as it was beyond dispute that debtor's plan was notfeasible and could not be confirmed. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 21,2021, LexisNexis #0821-023

Randall, In re--Randall v. Navient Sols.

Ruling: 
Debtor was entitled to an undue hardship discharge of her student loan debt. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on June 21,2021, LexisNexis #0821-015

Destileria Nacional, Inc., In re

Ruling: 
Motion for voluntary dismissal denied where there was a reasonable likelihood of planconfirmation and dismissal was not in best interest of creditors. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on June 21,2021, LexisNexis #0821-018

Starkweather, In re

Ruling: 
Proposed settlement of debtors' Chapter 7 case was approved because, overall, the Kopexafactors weighed in favor of the settlement as the proposed settlement was in the best interestof the estate and fell within the range of reasonableness. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on June 17,2021, LexisNexis #0821-006

Pfeifer, In re--BRRRT Props., LLC v. Pfeifer

Ruling: 
Debt was not dischargeable because evidence showed false representations and concealmentwere reasonably calculated and intended to deceive the creditors. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on June 17,2021, LexisNexis #0821-012

Mallinckrodt PLC, In re--Mallinckrodt PLC v. City of Rockford

Ruling: 
Claims for monopolization, anticompetitive agreements, and antitrust violations did notsound in fraud and, thus, were dischargeable. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on June 16,2021, LexisNexis #0821-020

McCarthy, In re--McCarthy v. Atlanta Postal Credit Union

Ruling: 
Creditor who violated the automatic stay was not entitled to dismissal of pro se debtor'sappeal against creditor as debtor's entitlement to the amount awarded was uncontested. (B.A.P.6th Cir.)
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Consumer case opionion summary, case decided on June 16,2021, LexisNexis #0821-005

Dura Auto. Sys., LLC, In re

Ruling: 
Creditor's motion to compel cure payment under theory of implied assumption was deniedbecause creditor had not made the required motion to assume an executory contract. (Bankr. D.Del.)
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Commercial case opionion summary, case decided on June 16,2021, LexisNexis #0821-007

Roman, In re

Ruling: 
Conversion of Chapter 7 debtor's case to Chapter 13 was not warranted as he did not qualify asa debtor under Chapter 13 due to his bad faith. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on June 16,2021, LexisNexis #0821-016

Brown, In re

Ruling: 
Bifurcated pre-petition and post-petition fee arrangements between debtors and legal counselwere permissible if they were reasonable. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on June 16,2021, LexisNexis #0821-002

Wilson, In re

Ruling: 
Confirmation of debtors' amended plan was denied as the plan did not propose periodicpayments in equal monthly amounts as required by the Bankruptcy Code. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on June 15,2021, LexisNexis #0821-024

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