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.

Wallwork, In re

Ruling: 
Trustee's objection to debtor’s Idaho homestead exemption sustained where debtor wasrequired to claim Maryland exemptions. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on February 20,2020, LexisNexis #0420-012

Canada v. United States IRS

Ruling: 
Debtor’s post-petition claim for attorney's fees he incurred fighting tax penalties was untimelyas the 30-day limitations period was not tolled. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on February 20,2020, LexisNexis #0420-003

Bauer, In re

Ruling: 
Relief from stay granted as debtor failed to pay real estate taxes for several years and proposedmonthly payments that were insufficient to allow a plan to be confirmed. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-008

Windstream Holdings v. Charter Communs., Inc., In re

Ruling: 
Decision issued disposing of defendants' objections regarding interlocutory orders was noncore but not a final order and could be disposed of in a memorandum. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 19,2020, LexisNexis #0420-024

Shy, In re

Ruling: 
Order avoiding judicial lien set aside where creditor had been given no notice whatsoever thatdebtor had filed a motion to reopen the case for the purpose of avoiding the lien. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-011

Morris, In re

Ruling: 
Credit union did not violate the discharge injunction by filing a collection suit as it did nothave notice of debtor's bankruptcy case or discharge. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-016

Gunsalus, In re--Gunsalus v. Ontario Cty.

Ruling: 
Involuntary transfer of debtors' property was set aside as a constructively fraudulent transferas the purchase price was not reasonably equivalent to the value of the property. (Bankr.W.D.N.Y.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-019

Willner, In re

Ruling: 
Debtor was not eligible for Chapter 13 as his secured debt exceeded the 11 U.S.C. § 109(e)limit. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-004

Lapace, In re--Welch v. Lapace

Ruling: 
Denial of Chapter 7 discharge was not warranted as debtors' failure to disclose a pre-petitioncontract for sale of their home was not done with the intent to hinder, delay, or defraudcreditors. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-021

Golan, In re

Ruling: 
Debtor's counsel violated the automatic stay as counsel failed to observe crucial safeguardsdesigned to protect all parties in interest. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-006

Hl Builders, In re

Ruling: 
Petitioning creditors lacked standing to bring an involuntary petition against target debtorwhere one claim was contingent and others subject to bona fide disputes. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 18,2020, LexisNexis #0320-077

Energy Future Holdings Corp, In re

Ruling: 
Chapter 11 plan may discharge latent asbestos claims so long as the claimants receive anopportunity to reinstate their claims after debtor's reorganization. (3d Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on February 18,2020, LexisNexis #0320-098

Van Auken, In re--McDermott v. Van Auken

Ruling: 
Debtor's discharge was denied where debtor's petition and schedules regarding his incomefailed to meet the minimum threshold of reliability. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on February 14,2020, LexisNexis #0320-093

Guajardo, In re

Ruling: 
Attorney’s fees were awarded over debtors’ objection as they were necessary, beneficial, andreasonable. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 14,2020, LexisNexis #0320-078

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