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.

Beschloss, In re

Ruling: 
Court held law firm and attorney in contempt for violations of the discharge injunction aspayment made by debtor was not voluntary because law firm implied that debtor had anobligation that he needed to honor based on pre-bankrupctcy agreements. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-051

Garcia, In re

Ruling: 
Loan servicer's motion for relief from the automatic stay was denied because it was not a partyin interest as it lacked standing to foreclose on the debtor's property. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-037

Hornung, In re

Ruling: 
Motion for relief from stay granted where debtor failed to advise creditor that he was thedebtor in an open bankruptcy case until about two years after the collection action was filed.(Bankr. D. Kan.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-038

Siewe, In re--Siewe v. Locci

Ruling: 
Bankruptcy court properly exercised its discretion to deny debtor's request for relief from stayas state court's actions were consistent with the purpose of the automatic stay and were notunfair to him. (11th Cir.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-041

Lee, In re

Ruling: 
Debtor's objection sustained where terms of a confirmed plan had preclusive effect to themortgage arrearage amount provided for in the plan. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-057

Fakhuri, In re--Old Republic Nat'l Title Ins. Co. v. Fakhuri

Ruling: 
Debt was nondischargeable where debtor acted with fraudulent intent, made expressmisrepresentations, and insurer was justified in relying on debtor's representations. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-044

Morris, In re--Rimrock Design, Inc. v. Morris

Ruling: 
Debt was nondischargeable where debt was incurred by deception or trickery and debtorfraudulently appropriated the property entrusted to him. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-045

Topalian, In re--Topalian v. Bank of Am., N.A.

Ruling: 
Defendant's motion for summary judgment granted where debtor failed to demonstrate thatthe bank improperly coerced or harassed debtor in order to obtain payment of a dischargeddebt. (Bankr. D.R.I.)
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Consumer case opionion summary, case decided on May 07,2018, LexisNexis #0618-049

Lee, In re--Lee v. Field

Ruling: 
Panel held that trustee's adversary complaint contesting the basis for exemptions qualified asan objection to those exemptions. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on May 07,2018, LexisNexis #0618-060

Novapro Holdings, LLC, In re

Ruling: 
Court approved trustee's proposed settlement where trustee met his burden of persuasion toshow that the settlement amount was above the lowest point in the range of reasonablelitigation outcomes. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on May 04,2018, LexisNexis #0618-030

BX Acquisitions, Inc., In re--Eisenberg v. Toledo-Lucas Cty. Port Auth.

Ruling: 
Trustee could not avoid debtor's postpetition payments to defendant on a prepetition debtbecause they were authorized by court as necessary to debtor's organization. (Bankr. N.D. Ohio)
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Commercial case opionion summary, case decided on May 04,2018, LexisNexis #0618-017

Yahweh Ctr., In re

Ruling: 
Trustee's motion seeking interpretation and construction of the debtor's plan was allowed asthe AP Deadline did not apply to bar causes of action the trustee asserted on behalf of thedebtor's estate. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on May 04,2018, LexisNexis #0618-021

Sheehan v. Ash

Ruling: 
Bankruptcy court's denial of the trustee's objection to exemptions claimed by the debtors wasaffirmed as debtors were authorized to utilize state scheme to exempt their West Virginiaproperty. (4th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on May 04,2018, LexisNexis #0618-007

Stewart, In re

Ruling: 
Energy company willfully violated the automatic stay when it shut off gas sevice to debtor's restaurant for non-payment after it became aware that debtor filed his bankruptcy case
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Consumer case opionion summary, case decided on May 04,2018, LexisNexis #0618-042

Vega-Lara, In re

Ruling: 
Confirmation of chapter 13 plan denied where the debtor's proposed pro-rated annual taxrefund was no longer permitted. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on May 04,2018, LexisNexis #0618-028

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