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.

Herrin, In re--Connector 2000 Ass’n v. Herrin

Ruling: 
Debts were dischargeable where debtor did not commit actual fraud as evidence did not indicate that there was a scheme or an effort on the part of debtor to deprive the creditor of payment. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-074

Robertson, In re--Arma Yates, LLC v. Robertson

Ruling: 
Debtors lacked standing to pursue counterclaims as they were property of the estate subject to the control of the chapter 7 trustee. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-075

Verbeek, In re--Schachter v. Verbeek

Ruling: 
Debtor committed fraud as she purposely did not disclose her intent to file bankruptcy in order to continue receiving plaintiff's legal services. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on October 09,2018, LexisNexis #1118-073

Insite Corp., In re--Insite Corp. v. Walsh Constr. Co. P.R.

Ruling: 
Judgment vacated as subcontractor might be entitled to an equitable recovery if the general contractor has benefited at the subcontractor's expense and obtained value from the subcontractor's post-default performance. (1st Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on October 05,2018, LexisNexis #1118-065

Franco, In re

Ruling: 
Trustee's objection to proof of claim in mineral rights was sustained as creditor's asserted ownership of disputed mineral rights was not a right to payment. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 05,2018, LexisNexis #1118-061

Woodbridge Grp. of Cos., LLC, In re--De La Rochelle v. In re Woodbridge Grp. of Cos., LLC

Ruling: 
Claim dismissed as even if the plaintiffs could establish a right for imposition of a constructive trust or equitable lien against debtor's property, the debtor could avoid any such equitable interest pursuant to the strong-arm powers of the bankruptcy code. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 05,2018, LexisNexis #1118-077

Pioneer Health Servs., In re

Ruling: 
Objection to confirmation overruled as the objector failed to adequately show that the plan failed to satisfy any part of 11 U.S.C. § 1129(a). (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-083

Kimball Hill, Inc., In re

Ruling: 
Court ordered creditor to dismiss its claims against debtors in third-party complaint as it violated the terms of the release and the plan injunction. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-085

Naturescape Holding Grp., Int'l, Inc., In re--GemCap Lending I, LLC v. Bateman

Ruling: 
Money judgment and attorneys' fees deemed nondischargeable due to debtor's participation in the diversion of creditor's cash collateral. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-071

Lehman Bros. Holdings, Inc., In re--Lehman Bros. Holdings, Inc. v. 1st Advantage Mortg., LLC

Ruling: 
Defendants' motions to transfer venue denied where interest of justice weighed heavily in favor of retaining venue of all of the adversary proceedings. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-089

Teltronics, Inc., In re

Ruling: 
Judgment affirmed where bankruptcy court properly denied trustee's Daubert motion as he failed to prove that debtor was insolvent at the time of the transfer. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-076

Rollaguard Sec., LLC, In re-Furr v. TD Bank, N.A.

Ruling: 
Trustee's motion to file amended complaints was denied as court concluded that it would befutile because regular deposits into debtors' own unrestricted bank accounts were nottransfers. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 01,2018, LexisNexis #1118-001

Brookstone Holdings Corp., In re

Ruling: 
LLC was not a professional for the purposes of bankruptcy code § 327(a) as it was not actingas an auctioneer nor an "other professional" when it provided services to the debtor pursuantto their agreement. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 01,2018, LexisNexis #1118-005

Vertullo, In re

Ruling: 
Debtor may still attempt to cure her mortgage as the creditor had not completed theforeclosure sale by recording the foreclosure deed. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-024

Daniels, In re

Ruling: 
Trustee's objections to debtors' chapter 13 plan confirmation were overruled where debtorshad not engaged in any bad faith conduct. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-025

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