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.

McNally, In re--Carns v. McNally

Ruling: 
Bankruptcy court appropriately declined to infer fraudulent intent from debtor's failure todisclose various worthless assets where court held that it was not material to a claim of fraud.(10th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-082

LTC Holdings, Inc., In re--Superior Contr. Grp. Inc, v. Rachmale

Ruling: 
Subject matter jurisdiction found where "related to" jurisdiction was satisfied under both theindemnification provision's coverage and superior's attempt to pierce the corporate veil.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on June 12,2018, LexisNexis #0718-088

Health Diagnostic Lab., Inc., In re--Arrowsmith v. Mallory

Ruling: 
Court approved settlement agreement where the company's plan met trustee's burden ofshowing that a settlement he negotiated with the former CEO of the company was fair,equitable, and in the best interests of creditors. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on June 12,2018, LexisNexis #0718-090

Kelter, In re--McDermott v. Kelter

Ruling: 
Stay motion denied where denial of the stay and debtor's invocation of the privilege againstself incrimination would not, in and of themselves, compel entry of judgment on theadversary complaint against debtor. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on June 12,2018, LexisNexis #0718-080

Young, In re

Ruling: 
Court granted creditor's motion in part where he had a contract to purchase the property withthe debtor but received no notice of the bankrupty prior to the bar date. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 12,2018, LexisNexis #0718-067

HNRC Dissolution Co., In re

Ruling: 
Enforcement motion denied where purchaser failed to meet its burden of showing that theparty asserting an interest was an unknown party such that notice by publication wassufficient to satisfy constitutional due process. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on June 11,2018, LexisNexis #0718-066

Rassas, In re--Tenn. Educ. Lottery Corp. v. Rassas

Ruling: 
Debt deemed nondischargeable as defendant allocated funds in an objectively reckless manner while in an express trust. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on June 08,2018, LexisNexis #0718-039

Modeen, In re--Manion v. Modeen

Ruling: 
Court granted debtor partial relief on student loan debt as she did not have any conditions that seriously limited her employability. (Bankr. W.D. Wis.)
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Consumer case opionion summary, case decided on June 08,2018, LexisNexis #0718-041

Process A., Inc., In re--Process Am., Inc. v. Cynergy Holdings, LLC

Ruling: 
Debtor was not barred from bringing a turnover action for residuals as they were property of the bankruptcy estate. (Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on June 08,2018, LexisNexis #0718-045

Mercury Data Sys., In re

Ruling: 
Motion to dismiss and motion to convert denied where involuntary debtor received propernotice of petition and order for relief could not be set aside on this basis. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on June 08,2018, LexisNexis #0718-061

McMahon, In re

Ruling: 
Court ruled bank was entitled to relief from the automatic stay where future advance clauseswere effective and the "Maximum Obligation Limit" did not limit future advances by thebank. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on June 08,2018, LexisNexis #0718-064

Tegeler, In re--Trustmark Nat'l Bank v. Tegeler

Ruling: 
Debtors jointly and severally liable for nondischargeable obligations where they intentionally submitted a borrowing base certificate that was patently false knowing that creditor would rely upon it. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on June 08,2018, LexisNexis #0718-037

Augustin, In re--Augustin v. U.S. Dep't of Educ.

Ruling: 
Debtor was not entitled to have his student loan debts discharged as he had income he could use to repay when their expenses are reapportioned with his non-filing spouse. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on June 07,2018, LexisNexis #0718-040

IRS v. Murphy

Ruling: 
Court affirmed that employee of the IRS willfully violated discharge order as the employee knew of the discharge order and took an intentional action that violated the order. (1st Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on June 07,2018, LexisNexis #0718-042

Carroll, In re

Ruling: 
Debtor's class action settlement proceeds determined to be property of bankruptcy estate without prejudice to debtor's right to claim exemption. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on June 06,2018, LexisNexis #0718-046

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