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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.

Baribeau, In re

Ruling: 
Motion for reconsideration of order converting case to Chapter 7 was denied as debtor did notprovide any additional evidence demonstrating why conversion was not in the best interest ofcreditors. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on August 20,2019, LexisNexis #1019-067

Piercy, In re--Long v. Piercy

Ruling: 
Summary judgment granted for debtors where creditor could not satisfy the fraud elementrequired to maintain any action under 11 U.S.C. § 523(a)(4). (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on August 20,2019, LexisNexis #1019-060

Foley, In re

Ruling: 
Plan's lien-retention language in non-standard provisions was not a barrier to confirmation asthe affected secured creditors had accepted the plans. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on August 19,2019, LexisNexis #1019-070

O.W. Bunker Holding N. Am. Inc., In re

Ruling: 
Claimant was entitled to administrative expense claim for the value of bunker fuel as debtorwas in constructive possession of the fuel which was received in the ordinary course ofbusiness. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on August 19,2019, LexisNexis #1019-055

Jones, In re--Silvestri Homes WNY, LLC v. Jones

Ruling: 
Creditor had valid claim against debtor that was excepted from discharge as debtor waskeeping no contemporaneous trust records whatsoever during the course of the contract.(Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on August 19,2019, LexisNexis #1019-056

Elhag, In re--Davis, Matthews & Quigley, P.C. v. Elhag

Ruling: 
Award of attorney fees to a former spouse in a divorce action but payable directly to theformer spouse's attorney was a debt "owed to" the former spouse. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 19,2019, LexisNexis #1019-064

Barrett, In re

Ruling: 
Debtor's ex-wife was granted relief from automatic stay as state court order determined thatthe ex-wife was the rightful owner of funds that was not part of debtor's bankruptcy estate.(Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on August 16,2019, LexisNexis #1019-030

Patel, In re--Patel v. Patel

Ruling: 
Arbitration award was a violation of the automatic stay as the arbitration was a judicialproceeding against the debtor to collect a pre-petition debt and was commenced after debtor'sbankruptcy filing. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 16,2019, LexisNexis #1019-053

Cossio, In re

Ruling: 
Chapter 7 trustee entitled to monies owed to debtor from divorce judgment, which wereproperty of the estate. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 16,2019, LexisNexis #1019-039

PG&E Corp., In re

Ruling: 
Trustee’s motion to dismiss granted as there was no reasonable likelihood of rehabilitationgiven $8 million uncollectible account receivable. (Bankr. D.P.R.)
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Commercial case opionion summary, case decided on August 16,2019, LexisNexis #1019-043

Mensonides Dairy, LLC, In re

Ruling: 
Plan confirmed as the requirements for confirmation under Bankruptcy Law and otherapplicable law had been met. (Bankr. E.D. Wash.)
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Commercial case opionion summary, case decided on August 16,2019, LexisNexis #1019-045

Sanchez, In re--Mender v. Franqui

Ruling: 
Trustee was permitted to sell property co-owed by debtor as the partition of the propertyamong co-owners is impracticable and the benefit to the estate from the proposed saleoutweighed the detriment to the co-owner. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 15,2019, LexisNexis #1019-032

Shuey, In re

Ruling: 
Creditor was not entitled to invoke discharge exception as he offered no binding authorityindicating that he was authorized to step into the shoes of the lender for student loanpayments he had made. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on August 15,2019, LexisNexis #1019-036

Rumbin, In re

Ruling: 
Trustee's motions to dismiss were denied where debtors were eligible to be Chapter 13debtors under 11 U.S.C. § 109(e). (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 15,2019, LexisNexis #1019-026

Bonilla, In re

Ruling: 
Creditor's involuntary bankruptcy petitions were facially defective as he had submitted themin bad faith to collaterally attack criminal conviction. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on August 15,2019, LexisNexis #1019-027

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