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.

Marinari, In re

Ruling: 
Motion to reconsider or vacate the dismissal of debtor's chapter 13 case was denied wherecourt concluded that debtors have an absolute right to dismissal because, even if there wasnew evidence, it would not have affected the legal conclusion. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0319-090

Sanasy, In re

Ruling: 
Trustee's application to employ law firm as special counsel in fraudulent transfer proceedingdenied where law firm had interest adverse to debtor. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on February 14,2019, LexisNexis #0319-075

Abeinsa Holding, Inc., In re

Ruling: 
Res judicata was not applicable to plan injunction motion where the arbitration tribunal wasfree to determine and liquidate any claim of solar company for damages or costs. (Bankr. D.Del.)
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Commercial case opionion summary, case decided on February 14,2019, LexisNexis #0319-092

McKay, In re

Ruling: 
Motion to annul automatic stay denied where HOA had notice of debtor's bankruptcy at thetime it foreclosed and purchased the property and thus was not entitled to annulment. (Bankr.D. Idaho)
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Consumer case opionion summary, case decided on February 14,2019, LexisNexis #0319-077

BK Racing, LLC, In re

Ruling: 
Trustee was not required to pay an invoice which was not due and payable at the time ofdebtor's charter sale. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on February 14,2019, LexisNexis #0319-079

Woodbridge Grp. of Cos. LLC, In re

Ruling: 
Debtors' objection sustained where proofs of claim filed by creditor were essentially the sameas previously litigated claims and were barred by res judicata. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 14,2019, LexisNexis #0319-080

1111 Myrtle Ave. Grp., LLC, In re

Ruling: 
Lender entitled to payment of additional post-petition interest at contractual default rate ofseven percent as court found the rate was not egregious or inequitable. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 14,2019, LexisNexis #0319-081

Boland, In re--Roe v. Boland

Ruling: 
Judgment of dischargeability reversed and vacated as the bankruptcy court failed to considerthe legal injury suffered by the creditors as a result of the invasion of their privacy andreputational interests. (6th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 13,2019, LexisNexis #0319-064

Schooff, In re

Ruling: 
Debtor's counsel entitled to attorney's fees where debtor's husband intentionally violated thestay when he modified his alimony payments in an attempt to collect on a debt. (Bankr. E.D.Mich.)
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Consumer case opionion summary, case decided on February 13,2019, LexisNexis #0319-076

Jager, In re--InFirst Bank v. Jager

Ruling: 
Bank was entitled to relief from stay as the debtors had not demonstrated that they couldpropose and confirm a plan that was feasible. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on February 13,2019, LexisNexis #0319-059

Diaz, In re--Rivera-Fulton v. Jefferson Fin. Federal Credit Union

Ruling: 
Trustee was entitled to recover attorney's fees from the credit union where credit union citedno authority requiring the trustee to seek recovery from the attorney. (Bankr. E.D. La.)
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Consumer case opionion summary, case decided on February 13,2019, LexisNexis #0319-085

Patterson, In re

Ruling: 
Debtor's objection to claim was sustained as state court lacked the jurisdiction to decidewhether the lienholder's action violated the discharge injunction. (Bankr. M.D. La.)
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Consumer case opionion summary, case decided on February 12,2019, LexisNexis #0319-083

Greene Ave. Restoration II Corp., In re--Greene Ave. Restoration Corp. v. Green Throop LLC

Ruling: 
Defendants had no rights or interest in a property owned by the debtor as an earlier forgeddeed was void ab initio. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on February 11,2019, LexisNexis #0319-067

L&R Dev. & Inv. Corp, In re

Ruling: 
Bankruptcy case dismissed as debtor repeatedly filed tardy monthly operating reports withoutrequesting an extension of time from the court. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on February 11,2019, LexisNexis #0319-068

Tapia, In re

Ruling: 
Judgment lien was subject to avoidance as state law did not protect the homestead from a lienencumbering the homestead. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 11,2019, LexisNexis #0319-063

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