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.

Cooper, In re--Gargula v. Cooper

Ruling: 
Debtors' chapter 7 discharges were revoked as they used their tax refund money instead ofturning it over to the trustee. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-023

Dean v. Lane (Lane)

Ruling: 
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-025

Xiao, In re--Chorches v. Xiao

Ruling: 
Trustee's objection sustained where there was no presumption that the plan was exempt anddebtor was materially responsible for the plan's substantial compliance failure. (Bankr. D.Conn.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-011

McCowan, In re

Ruling: 
Trustee's objection to debtor's homestead exemption overruled where debtor's reliance on abank's erroneous representation that it had a lien on the property constituted excusableneglect. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-029

Spinks, In re

Ruling: 
Court held that the 180-day period of 11 U.S.C. § 507(a)(4) was not subject to equitable tollingas it was not a statute of limitation intended to protect against stale claims but to protectworkers in the event of their employer's bankruptcy. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-008

C & M Invs. of High Point Inc., In re--Northen v. MDC Innovations, LLC

Ruling: 
Claims regarding the assignment of intellectual property to non-debtor companies did notarise "under" or "in" title 11 as they asserted state law causes of action which wereindependent of the bankruptcy filing and the companies were not debtors before the court.(Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-026

Pitts, In re--Pitts v. Lakota

Ruling: 
State court small claims judgments under Cal. Civ. Code § 1719 did not establish debtors'fraud as the statute did not require fraud or fraudulent intent to impose liability for passinga check on insufficient funds. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-012

Vincze, In re--Harris v. Vincze

Ruling: 
Final judgment was deemed nondischargeable as debtor breached fiduciary duty and debtorwas able to control and did control the principal suffering from dementia. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-013

Horton, In re--Hinty v. Horton

Ruling: 
Contract breach by landlords did not rise to the level of nondischargeable conduct. (Bankr.W.D. Va.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-014

Correra, In re

Ruling: 
Sanctions were imposed on debtor and his former personal assistant where evidence showedthat the PA intentionally spoliated evidence by tampering with the debtor’s computer anddebtor had a role in it. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-002

Hunt, In re

Ruling: 
Chapter 13 debtor's counsel was entitled to fees for services but requested award wasdisapproved for certain services as they crossed the line between representing the debtor withthe bankruptcy case and representing the debtor's parents and other non-debtor entities.(Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-003

Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.

Ruling: 
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-019

Hammers, In re

Ruling: 
Motion for relief from the automatic stay and abandonment of property was granted ascreditor met its burden that debtor had no equity in the property. (Bankr. E.D. Okla.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-004

Arctic Glacier Int'l, Inc., In re--Zardinovsky v. Arctic Glacier Income Fund

Ruling: 
Releases in the bankruptcy reorganization plan waived liability and barred nonbankruptcyclaims as the releases were res judicata as to the initial shareholders and subsequentpurchasers. (3d Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 20,2018, LexisNexis #1018-027

Cardoso, In re--Eadie v. Cardoso

Ruling: 
Revocation of debtor's discharge was denied where plaintiff failed to prove that he did not know about the fraudulent events before discharge was granted. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 15,2018, LexisNexis #0918-112

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