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.

Hollister Constr. Servs., LLC, In re

Ruling: 
Filing of post-petition construction liens and enforcement of pre-petition construction liensviolated the automatic stay. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 13,2020, LexisNexis #0420-080

Carmona v. Osnet Wireless Corp.

Ruling: 
Mandatory abstention applied to proceeding concerning state law issues that would have nosignificant effect on debtor’s bankruptcy. (Bankr. W.D. Wis.)
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Consumer case opionion summary, case decided on March 13,2020, LexisNexis #0420-099

Garnett v. Harvey (In re Harvey)

Ruling: 
Debt was nondischargeable on grounds of fraud and willful and malicious injury. (Bankr. W.D.Wis.)
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Consumer case opionion summary, case decided on March 13,2020, LexisNexis #0420-084

Benitez, In re

Ruling: 
Nunc pro tunc approval of retention of professionals was not necessary as there was no per seprohibition against awarding reasonable compensation for pre-approval services. (Bankr.E.D.N.Y.)
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Consumer case opionion summary, case decided on March 13,2020, LexisNexis #0420-076

Stak Design, Inc., In re

Ruling: 
Court approved the sale of substantially all of the assets of debtor's bankruptcy estate free andclear of liens as the purchaser was a good faith buyer. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on March 12,2020, LexisNexis #0420-081

Flemino, In re--Flemino v. Vulcan Recoveries, LLC

Ruling: 
Motion for sanctions was granted as debtor's claims and legal contentions were frivolous andher allegations and factual contentions had no evidence. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0620-024

Lionetti, In re--Lionetti v. Law Offices of Steven H. Marcus

Ruling: 
Denial of award of attorney's fees was reversed as the bankruptcy court erred in its applicationof the "substantially justified" standard where there was no specific evidence of fraudulentintent before the court. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0520-038

Southern Produce Distrib. Inc. v. Adams (In re Southern Produce Distrib. Inc.)

Ruling: 
Creditor growers could not be ordered to turn over crops to debtor distributor prior to ajudicial determination that they had breached their agreement with the debtor. (Bankr.E.D.N.C.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 11,2020, LexisNexis #0420-082

Moore, In re

Ruling: 
Debtor’s counsel sanctioned for failing to investigate and discover debtor’s prior filings priorto fling debtor’s third case. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0420-053

Zellner v. Lutz (In re Zellner)

Ruling: 
Debtor's motion for contempt denied where former partner and his attorney did not violatethe discharge injunction. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0420-088

Mank, In re

Ruling: 
Confirmation of amended plan denied as its contents include nonstandard provisions thatwere not specific to the debtor's financial circumstances. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-095

Katona, In re

Ruling: 
Revocation of discharge was appropriate where trustee had established knowingnondisclosures by the debtors. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-068

T Street LLC v. v. Jaques (In re Jaques)

Ruling: 
Bankruptcy court's finding that bank did not reasonably rely on debtor's financial statementwas clearly erroneous and debtor was not entitled to be discharged from his debt. (5th Cir.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-086

Beauboeuf, In re

Ruling: 
Motion to prepay plan payments was granted as the motion made no changes to the plan andtherefore was not a modification. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-072

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