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.

Reed, In re--Bitner v. Reed

Ruling: 
Guardian ad litem fees excepted from discharge where debt relating to amounts owed toplaintiff were in the nature of a child support obligation. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on May 05,2020, LexisNexis #0620-089

Latex Foam Int'l, LLC, In re

Ruling: 
Debtors' motion for continued use of cash collateral was granted as the sum of the debtors'cash on hand, eligible inventory, and accounts receivable was adequate protection. (Bankr. D.Conn.)
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Commercial case opionion summary, case decided on May 04,2020, LexisNexis #0620-084

First NBC Bank Holding Co., In re

Ruling: 
Plan was confirmed as it did not violate the absolute priority rule where Treasury retained allof its pre-petition rights and was not losing any right to payment under the plan. (Bankr. E.D.La.)
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Commercial case opionion summary, case decided on May 01,2020, LexisNexis #0620-096

Loewenstein, In re--Loewenstein v. United States Dep't of Educ.

Ruling: 
Adversary proceeding dismissed as defendant as an agency of the United States governmentcould not be sued absent either a waiver of sovereign immunity or its consent. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on May 01,2020, LexisNexis #0620-052

Interra Innovation, Inc., In re

Ruling: 
Creditor's request to extend the filing deadline and payment of administrative expense weredenied as untimely as the deadline was the sixtieth day after the first date set for the § 341meeting of creditors. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on May 01,2020, LexisNexis #0620-057

Penobscot Valley Hosp., In re--Penobscot Valley Hosp. v. Carranza

Ruling: 
Temporary restraining order granted given likelihood of success on claim that SBAdiscriminated against debtor by refusing to allow debtor to participate in the PayrollProtection Program. (Bankr. D. Me.)
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Commercial case opionion summary, case decided on May 01,2020, LexisNexis #0620-090

Santa Fe v. United States SBA

Ruling: 
SBA acted beyond its statutory authority in excluding bankruptcy debtors from the PaycheckProtection Program. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on May 01,2020, LexisNexis #0620-091

Twin Pines, LLC, In re

Ruling: 
Debtor who filed before effective date of Small Business Reorganization Act could amendpetition to elect subchapter V treatment. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on April 30,2020, LexisNexis #0620-098

Stirlen, In re--Karass v. Stirlen

Ruling: 
Debtor guarantor could assert a guaranteed party’s setoff defense to allegedlynondischargeable debt. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 30,2020, LexisNexis #0620-067

Stillmunkes, In re--Bushman Custom Farming, LLC v. Stillmunkes

Ruling: 
Abstention was warranted under § 1334(c)(1) as the possible impact on the estate was smalland the case was not a core bankruptcy proceeding. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 30,2020, LexisNexis #0620-074

A.N. Frieda Diamonds, Inc., In re--Harrison v. Konfino

Ruling: 
Trustee could not ignore creditor’s claim against pawn shop that sold diamonds consigned bydebtor that were subject to creditor’s security interest. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 29,2020, LexisNexis #0620-066

Ely, In re

Ruling: 
Motion to dismiss debtor's Chapter 13 bankruptcy case was granted as debtor had presentedno evidence of bad faith on the creditor's part, nor of prejudice he had suffered as a result ofthe timing of the motion. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on April 29,2020, LexisNexis #0620-099

Mansel, In re--Piggly Wiggly Ala. Distrib. Co. v. Mansel

Ruling: 
Creditor's claim was deemed allowed as the creditor had filed its proof of claim in theunderlying bankruptcy case and the debtor did not object. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on April 29,2020, LexisNexis #0620-087

Richards, In re

Ruling: 
Debtors' objection to IRS claim was sustained to the extent a tax refund was applied to theIRS's claim in derogation of the confirmed chapter 12 plan. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on April 29,2020, LexisNexis #0620-056

Point Ctr. Fin., Inc., In re--Harkey v. Grobstein

Ruling: 
Bankruptcy court had subject matter jurisdiction over matters relating to debtor’s operatingagreement despite trustee’s failure to timely assume the agreement. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on April 29,2020, LexisNexis #0620-073

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