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 21,500 opinion summaries by keyword, relevant code section, court and judge. Opinion summaries are provided by our partner LexisNexis® Collier and are updated weekly.

Giron, In re--Welch v. Giron

Ruling: 
Debt was not nondischargeable for breach of nonexistent fiduciary duty but wasnondischargeable on ground of willful and malicious injury. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on November 06,2020, LexisNexis #1220-061

Giron, In re--Welch v. Giron

Ruling: 
Debt was not nondischargeable for breach of nonexistent fiduciary duty but wasnondischargeable on ground of willful and malicious injury. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on November 06,2020, LexisNexis #1220-061

Destin Res. LLC, In re

Ruling: 
Motion to employ special counsel was granted as there was no actual conflict of interest.(Bankr. W.D. La.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-078

Care Facility, Inc.)

Ruling: 
Bankruptcy court abused its discretion in withholding its approval of the law firm forcreditors committee as the court erred by imposing unauthorized "disinterested person"requirement. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-095

Smith, In re

Ruling: 
Debtor's motion to reopen her bankruptcy case was denied because debtor did not showadequate reason or cause under § 350(b). (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on November 06,2020, LexisNexis #1220-080

S B Bldg. Assocs. Ltd. P’ship, In re

Ruling: 
Debtors' fourth modified plan of reorganization was confirmed where creditors with "skin inthe game" voted overwhelmingly in favor of the debtors' plan. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-097

Nelson v. Wells Fargo Bank, N.A.

Ruling: 
Bankruptcy court properly granted the lender's motion for relief from stay to foreclose themortgage because debtor's objections were barred by collateral estoppel. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-082

Synergy Pharms., Inc., In re

Ruling: 
Application for professional fees and expenses was denied as the law firm lacked standing tofile the application. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on November 05,2020, LexisNexis #1220-088

Gates, In re--Gates v. RAC Acceptance Tex., LLC

Ruling: 
Defendant creditor willfully violated the automatic stay when its employees made repeatedpost-petition contacts with debtor to collect money due on a pre-petition furniture financingtransaction. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on November 05,2020, LexisNexis #1220-081

Taylor, In re--Taylor v. LoanCare, LLC

Ruling: 
Chapter 13 debtor was not entitled to later invoke 11 U.S.C. § 506 to void creditor's lien ondebtor's residence where debtor filed a proof of claim on behalf of the secured mortgagecreditor then failed to defend it. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on November 04,2020, LexisNexis #1220-059

JTS Trucking LLC, In re--Atl. Southern Contr., Inc. v. JTS Trucking LLC

Ruling: 
Mandatory abstention applied to trespass claim against debtor. (Bankr. N.D. Ala.)
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Commercial case opionion summary, case decided on November 04,2020, LexisNexis #1220-074

Tzabari, In re--Walnut Meadows, LLC v. Tzabari

Ruling: 
Nondischargeability claim failed as the weight of the evidence could not sustain a ruling thatthe debtor's failure to remove a mobile home from the plaintiff's property caused a "willfuland malicious" injury to the plaintiff. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on November 04,2020, LexisNexis #1220-094

Southworth, In re

Ruling: 
Debtor's sister and lawyer violated the discharge injunction through certain acts to collectdischarged debt from the debtor. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on November 04,2020, LexisNexis #1220-064

Boyd, In re

Ruling: 
Chapter 13 debtors breached their duty to disclose changes in their income pursuant to theirongoing duty to amend their schedules. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on November 03,2020, LexisNexis #1220-070

Slagter, In re--Hauser v. Slagter

Ruling: 
Creditors’ complaint was dismissed because it failed to give fair notice of the dischargeabilityclaims. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on November 03,2020, LexisNexis #1220-060

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