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.

LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the Pa.

Ruling: 
Subrogee's subrogation rights were subordinate to the United States' claims that were notpaid in full when settlement was approved. (3d Cir.)[1]-The United States was not yet paid "in full" when the Bankruptcy Court approved the SettlementOrder. Thus, pursuant to 11 U.S.C. § 509(c), the subrogee's subrogation rights were subordinate to theUnited States' remaining and superior claim at the time of the settlement; [2]- The United States wastherefore entitled to waive its setoff rights to satisfy its own claim, and the waiver extinguished thesubrogee's ability to be subrogated to those rights.LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the Pa., 2021 U.S. App. LEXIS 24643 (3d Cir. August 18, 2021)(Smith, C.C.J.).
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 18,2021, LexisNexis #1021-005

Ascue, In re

Ruling: 
United States' collection efforts did not violate the discharge injunction as debt wasdeclared nondischargeable in a prior proceeding and res judicata precluded re-litigation ofall claims. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on August 17,2021, LexisNexis #1021-009

Wood, In re--Wheatley v. Wood

Ruling: 
Trustee's proposed settlement of proceeding to avoid pre-petition transfers was deniedbecause the trustee failed to meet his burden of proof as to any of the four necessaryelements. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on August 17,2021, LexisNexis #1021-025

218 Jackson LLC, In re

Ruling: 
Subchapter V trustee was not disinterested where it held an interest materially adverse todebtor’s principal in another case. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on August 17,2021, LexisNexis #1021-016

MTE Holdings LLC, In re

Ruling: 
Backup bidder's motion to enforce bid procedures order denied as the order gave thedebtors the right to waive the strict enforcement of the order's terms. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 17,2021, LexisNexis #1021-004

Prifti, In re--Criswell Chevrolet, Inc. v. Prifti

Ruling: 
Debt was dischargeable because debtor did not intend to defraud the creditor as debtor'seffort to sell his own car fell through. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-007

Rivera, In re

Ruling: 
Court lacked jurisdiction to reopen case to strip the second mortgage from the condo thathad vested in debtor upon chapter 13 plan confirmation. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-023

Claudio Diaz, In re--Banco Popular De P.R. v. Claudio Diaz

Ruling: 
Lender creditor was entitled to summary judgment declaring its lien on borrower debtor'sproperty valid as debtor had not filed an adversary proceeding to determine the lien'svalidity. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-010

Hopkins, In re

Ruling: 
Debtor's counsel sanctioned for failure to appear at hearings and did not provide anyexplanation in response to order to show cause. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-026

Bliss, In re--United States Bank v. Bliss

Ruling: 
Relief from stay granted because debtor had filed three bankruptcy cases affecting theproperty that was the subject of foreclosure. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-002

Amjed Faraj Hatu, In re--Angell v. Southco Distrib. Co.

Ruling: 
Plaintiffs were not held to the particularity standard as fraudulent conduct was not at issueand the complaint sufficiently pled the claims. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 13,2021, LexisNexis #0921-093

Gabbidon Builders LLC, In re

Ruling: 
Attorney's fee application was denied because the attorney accepted a cashier's check from thedebtor and used the funds to pay his retainer fee and Chapter 11 filing fee. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 13,2021, LexisNexis #0921-078

Davis, In re--Paulsen v. Davis

Ruling: 
Plaintiff had no claim regarding the property of an LLC owned by debtors because theassets of the LLC were not property of debtors or property of the estate. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on August 13,2021, LexisNexis #1021-012

Sundaram, In re--Sundaram v. Briry, LLC

Ruling: 
Insurance proceeds paid to creditor pursuant to bankruptcy court order prior to dismissal ofchapter 13 case were not required to be returned to the debtor. (1st Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 13,2021, LexisNexis #0921-082

Dees, In re--NewRez LLC v. Dees

Ruling: 
Creditor loan servicer was entitled to stay relief because it had a colorable claim to enforce thenote and security deed. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 12,2021, LexisNexis #1021-030

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