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.

Kearney, In re

Ruling: 
Emergency motion to stay pending appeal was denied as court found that debtor is not likelyto succeed on the merits of the appeal and a stay pending appeal would substantially harmdebtor's creditors and cause further expense and delay. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-028

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

Carvalho, In re

Ruling: 
Court granted debtor's motion for sanctions as to creditor's attorney for advancing frivolousarguments already rejected by the court. (Bankr. D.D.C.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on September 30,2018, LexisNexis #1118-029

Dean, In re--Lester v. Dean

Ruling: 
Plaintiffs failed to prove the claims were nondischargeable where they were unable toproduce credible evidence showing that debtor's actions were inappropriate and theysuffered any damages as a result of any inappropriate actions. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on September 29,2018, LexisNexis #1118-018

Myers, In re--United States Tr. v. Myers

Ruling: 
Debtor's discharge denied where he fraudulently and intentionally inflated a lien on hisschedules and his records were insufficient to determine whether there were avoidabletransfers that could have been pursued. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-020

Wise, In re--Wise v. Wise

Ruling: 
Court denied debtor's discharge for transferring funds and concealment of property with theintent to hinder and delay her creditor. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-021

Anketell, In re--Riley v. Anketell

Ruling: 
Trustee allowed to sell both estate's and co-owner's interest in real property as the co-owner failed to show that she would suffer economic hardship. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-037

Recinos

Ruling: 
Plan was subject to anti-modification prohibition as it specifically asserted that the propertyat issue was the debtor's principal residence rather than an investment property. (Bankr. D.Nev.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-023

Huenerberg, In re

Ruling: 
Debtors' objection to a claim of the IRS was sustained as the payment was not an excise taxfor a transaction. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-009

Melnik, In re--Reddy v. Melnik

Ruling: 
Debt was dischargeable as the plaintiffs failed to prove the requisite elements of materiality, reliance, and fraudulent intent. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-042

Holmes, In re--Indiana v. Holmes

Ruling: 
Non-penalty portion of debt was not excepted from discharge as evidence showed that the debtor did not know of her sister-in-law's misrepresentations to the Indiana Department of Workforce Development. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-044

Wong, In re--Tong v. Wong

Ruling: 
Debtor was not entitled to recover her fees incurred in defending nondischargeability actionas it was collateral to a contract rather than 'on a contract.' (Bnkr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-014

Halatek, In re--Halatek v. William D. Ford Fed. Direct Loan (Direct Loan) Program

Ruling: 
Debtor's indebtedness to the DOE for educational loans was nondischargeable as she was employed and had the ability to make payments while maintaining a minimal standard of living. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-047

Taylor, Bean & Whitaker Mortg. Corp., In re--Luria v. Thunderflower, LLC

Ruling: 
Transfer avoidance denied as the summary-judgment standard precluded the court frominferring actual intent. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on September 28,2018, LexisNexis #1118-017

Direct Media Power, Inc., In re

Ruling: 
Creditor was entitled to attorneys' fees where it demonstrated that the hourly rates actuallycharged by its counsel and actually paid by the creditor was a market rate and presumptivelyreasonable under the circumstances. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on September 28,2018, LexisNexis #1118-002

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