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.

All Resort Grp., Inc., In re--Miller v. United States

Ruling: 
Sovereign immunity does not preclude the trustee from avoiding transfers to the IRSalthough trustees claim failed as payments were outside the two-year look back period.(Bankr. D. Utah)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-053

Koleit, In re

Ruling: 
Debtor's motion for relief from dismissal denied where his argument in the motion that hewas eligible to be a Chapter 13 debtor was incorrect. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-054

Derby, In re--Derby v. Portfolio Recovery Assocs., LLC

Ruling: 
Debtor entitled to attorney's fees due to defendant's filing of proofs of claim that it knewwere improper. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-072

Krisiak, In re

Ruling: 
Disgorgement of fee was warranted where bankruptcy counsel could not provide legalservices to complete Chapter 13 cases and assist debtors with post confirmation issues.(Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-055

Beal, In re--State Bank of S. Utah v. Beal

Ruling: 
Motion to extend denied where creditor's complaint was tardily filed and court found nobasis to extend the time to file it. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-073

DSI Renal Holdings, LLC, In re--Giuliano v. Schnabel

Ruling: 
Partial summary judgment in fraudulent transfer proceeding granted in favor of transfereewho met the securities safe harbor requirements. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on March 30,2020, LexisNexis #0520-042

Keskey, In re

Ruling: 
Creditor was not in contempt of the automatic stay as it acted within its rights to pursuecollection under non-bankruptcy law. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-059

Denson, In re--Michael v. Denson

Ruling: 
Debt was excepted from discharge where debtor's actions caused personal injury to creditor.(Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-096

Zaidi, In re

Ruling: 
Equitable tolling was not available to allow extension of time for creditor’s filing to reopencase. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-100

Va. True Corp., In re--Cipollone v. Applestein

Ruling: 
Motion to transfer was granted because transferring the action would promote the economicadministration of debtor's bankruptcy estate and judicial economy. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on March 30,2020, LexisNexis #0520-049

Somogye, In re--Ott v. Somogye

Ruling: 
Representations that debtor made about his experience and qualifications to perform newgarage construction and home remodeling were material for the purposes of anondischargeability claim. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-034

Smith, In re--Webster Bus. Credit Corp. v. Smith

Ruling: 
Debt was nondischargeable as the borrowing base certificates were false and creditor'sreliance on the borrowing base certificates was reasonable. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-035

Tawil, In re

Ruling: 
Objection to the fee application was overruled as the court did not find grounds to reduceany of the previously approved interim fees and expenses. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-076

Coco Beach Golf & Country Club SE, In re

Ruling: 
Trustee was not entitled to administrative expenses as the fees and expenses claimed did notbenefit the estate in any measurable manner. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 27,2020, LexisNexis #0520-027

Hardin, In re--American Zurich Ins. Co. v. Hardin

Ruling: 
Motion to dismiss denied where debtor was pursuing a legitimate bankruptcy purpose andhad acted in good faith, fully disclosed his assets and financial affairs, and cooperated withthe trustee. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-043

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