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.

Maximus III Props., LLC, In re--Zellers v. DiPaolo

Ruling: 
Trustee's motion for summary judgment on turnover of property denied where funds were notproperty of the estate when case was commenced. (Bankr. N.D. Ohio)
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Commercial case opionion summary, case decided on February 06,2019, LexisNexis #0319-065

Frame, In re

Ruling: 
Attorney's fee reduced by 25 percent across the board to account for unreasonable hourly rate,inflated time entries, and noncompensable items billed. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on February 06,2019, LexisNexis #0319-052

Sneed Shipbuilding, Inc., In re--New Indus. v. Byman

Ruling: 
Creditor's appeal from bankruptcy court's order approving the settlement and sale of thedebtor's shipbuilding business was properly dismissed because the appeal was moot. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on February 05,2019, LexisNexis #0319-029

Cattle, In re

Ruling: 
Abstention in adversary proceeding was not warranted as it would potentially prejudice thebank's rights. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on February 05,2019, LexisNexis #0319-046

Hall, In re

Ruling: 
Adversary proceeding dismissed as defendant LLC properly excluded the $9.75 access fee fromthe finance charge. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on February 05,2019, LexisNexis #0319-031

Dancel, In re

Ruling: 
Claim disallowed as creditor was bound by the terms of the consent judgment with the effectthat its claim was extinguished. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on February 05,2019, LexisNexis #0319-032

Szymczyk, In re--Gentry v. Szymczyk

Ruling: 
Debt was nondsichargeable as facts established that equitable distribution order represents adebt to former spouse, incurred by the debtor and in connection with the parties' divorce.(Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 04,2019, LexisNexis #0319-038

LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the State of Pa.

Ruling: 
Court denied summary judgment on trustee's claim seeking to recover contract payments fromnon-bonded projects as there was a genuine dispute of material fact as to whether reasonablyequivalent value or consideration was received for the transfers. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 04,2019, LexisNexis #0319-041

Fustolo, In re--Patriot Grp., LLC v. Fustolo

Ruling: 
Discharge was denied as it was established that the debtor transferred his business model to anew entity in an attempt to defraud creditors. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 04,2019, LexisNexis #0319-042

Milton, In re--Lepre v. Milton

Ruling: 
Relief sought in the creditor's amended complaint for denial of discharge was denied wherehe failed to show that debtor knew that her statements on schedules and statement of financialaffairs were false. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on February 04,2019, LexisNexis #0319-043

McClenon, In re--McClenon v. Statebridge Co., LLC

Ruling: 
Court abstained from adjudicating adversary proceeding alleging wrongful foreclosure andremoval of debtor's personal property. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 04,2019, LexisNexis #0319-069

Schaller, In re

Ruling: 
Debtor's attorney's request for an administrative expense claim was denied where courtdetermined that the fees were not necessary to administer the case and did not provide benefiteither to the bankruptcy estate or to debtor. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on February 04,2019, LexisNexis #0319-053

W.J. Bradley Mortg. Capital, LLC, In re--Miller v. Bradley

Ruling: 
Defendants' motions to dismiss denied in part where trustee failed to plead actual fraud as hemerely parroted the language of section 548(a)(1)(A) without providing any specific factualallegations. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 01,2019, LexisNexis #0319-040

Wash. Mut., Inc., In re--WMI Liquidating Trust v. Bozzuti

Ruling: 
Executive employees’ claims barred by Federal Deposit Insurance Corporation determinations.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 01,2019, LexisNexis #0319-030

O'Sullivan, In re--CRP Holdings A-1, LLC v. O'Sullivan

Ruling: 
Court properly granted debtor's motion to avoid lien where creditor's recording of foreignjudgment created a cloud on title under Missouri law that constituted a charge against orinterest in the property. (8th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 01,2019, LexisNexis #0319-034

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