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 23,000 opinion summaries by keyword, relevant code section, court and judge. Opinion summaries are provided by our partner LexisNexis® Collier and are updated weekly.

Oggusa, Inc. v. Southern Tier Hemp, LLC

Ruling: 
Debtors' state law claims in adversary proceeding were non-core as the claims allowanceprocess was not implicated, nor did they arise in a title 11 or under a title 11 proceeding.(Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on March 16,2021, LexisNexis #0521-021

Eight-115 Assocs., LLC, In re--Harlem Multifamily LLC v. Eight-115 Assocs., LLC

Ruling: 
Mandatory abstention exercised with respect to state law guaranty claim that was timelyfiled. (Bankr. S.D.N.Y.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 16,2021, LexisNexis #0521-022

Archuleta, In re

Ruling: 
Allowed amount of creditor's claim is limited to the unpaid balance of the loan as creditorfailed to prove by a preponderance of the evidence that debtor agreed to reimburse her orowed her for the remaining items. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 16,2021, LexisNexis #0521-023

Skyline Ridge, LLC, In re

Ruling: 
Court determined that it lacked jurisdiction to consider debtor's request to revoke theconfirmation order. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on March 15,2021, LexisNexis #0521-024

Wyman, In re--Renneker v. Wyman

Ruling: 
Trustee was denied summary judgment to avoid the transfer because a material issue of factexisted as to the husband's intent in transferring the vehicle approximately one week priorto the petition date. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 15,2021, LexisNexis #0521-012

Lattea, In re

Ruling: 
Debtors' motion for a voluntary dismissal of the bankruptcy case was denied as there wasno "cause". (Bankr. S.D. W. Va.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 15,2021, LexisNexis #0521-014

Willis, In re--Fannie Mae v. Willis

Ruling: 
Discharge denied as debtor falsely stated that he had equitable interest in certain realproperty that was owned by plaintiff. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on March 15,2021, LexisNexis #0521-017

Stanford, In re

Ruling: 
Chapter 11 case dismissed or converted as the creditor demonstrated conduct thatrepresented gross mismanagement of the estate. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on March 15,2021, LexisNexis #0521-018

Harman, In re--McAfee v. Harman

Ruling: 
Plaintiff assignee of pre-petition claim had standing to object to debtor's discharge on basis oftransfers that evidenced a scheme to avoid assignor's garnishments. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 12,2021, LexisNexis #0421-093

Kearney v. Unsecured Creditors Comm.

Ruling: 
Court did not abuse its discretion when it denied Chapter 11 debtor's motion to convert toChapter 7 as debtors do not have an absolute right to convert. (B.A.P. 10th Cir.)
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Consumer case opionion summary, case decided on March 12,2021, LexisNexis #0421-094

Kit Carson Home & Museum, Inc., In re

Ruling: 
Dismissal of Chapter 11 case was appropriate where the debtor non-profit corporation lackedcorporate authority to file the case. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 12,2021, LexisNexis #0421-095

Vongermeten, In re--Vongermeten v. Clauss

Ruling: 
Dismissal for cause was warranted for debtor's Chapter 13 case where debtor failed to amendhis plan to pay the trustee legal tender. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on March 12,2021, LexisNexis #0421-097

ATVT LLC, In re

Ruling: 
Debtor’s landlord was not entitled to recover for time spent by its in-house counsel as anadministrative expense absent benefit to the estate. (Bankr. W.D. Wis.)
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Commercial case opionion summary, case decided on March 12,2021, LexisNexis #0421-082

Lett, In re--White-Lett v. Bank of N.Y. Mellon, Corp.

Ruling: 
Proceeding to determine validity of assignment of a deed to secure debt on debtor's residenceexecuted after Chapter 7 was closed dismissed as debtor lacked standing. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 12,2021, LexisNexis #0421-098

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