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.

Homaidan, In re--Homaidan v. SLM Corp.

Ruling: 
Defendants' motion for declaratory judgment that student loan debt was discharged denied.(Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on January 31,2019, LexisNexis #0319-036

Hartley, In re--21st Mortg. Corp. v. Hartley

Ruling: 
Summary judgment in proceeding for denial of discharge denied where parties differed overwhether communications by creditor should be categorized as attempts to collect personallyfrom debtor or whether they were simply attempts to determine whether payments would bemade on the debt. (Bankr. S.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on January 31,2019, LexisNexis #0319-039

On-Site Fuel Serv., In re

Ruling: 
Bankruptcy court declined to adopt judicially created bar-to-joinder doctrine as 11 U.S.C. §303(c) unambiguously provided for joinder if the joining creditor held unsecured claim thatwas not contingent and the joining creditor was not an initial petitioning creditor. (Bankr. S.D.Miss.)
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Commercial case opionion summary, case decided on January 30,2019, LexisNexis #0319-026

Davidson, In re--One Source Forms & Labels, Inc. v. Callahan

Ruling: 
Application for authority to pay compensation to special counsel was granted as 38%contingency fee award in adversary proceeding was within acceptable range of attorney's fees.(Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on January 28,2019, LexisNexis #0319-027

Kauker, In re

Ruling: 
Objection to debtors' exemption of real property was overruled as the property had been heldby debtors as tenants by the entireties before they transferred it to a trust more than a decadeprior to the filing of their bankruptcy petition. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on January 25,2019, LexisNexis #0319-033

Kurtz, In re--Praed v. Kurtz

Ruling: 
Debtor wife's one-half share of the debts to the IRS and the judgment creditor were notexcepted from discharge as the parties' agreement to indemnify each other for non-paymentmay be interpreted as creating a property right but not a right to support. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on January 25,2019, LexisNexis #0319-037

Main, In re

Ruling: 
Debtor's wife's objection to confirmation overruled as surrendering the debtor's interest including his right of possession did not impair his wife's rights in the condominium. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on January 23,2019, LexisNexis #0219-091

Angus, In re

Ruling: 
Creditor was granted relief from automatic stay with respect to a leased vehicle as debtor was in default and had no intention of assuming the lease. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on January 23,2019, LexisNexis #0219-078

Courtney v. Williams

Ruling: 
Reconsideration of denial of law firm's nondischargeability claim was not warranted as firm failed to establish reliance and intent elements. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on January 23,2019, LexisNexis #0219-080

Curtis, In re

Ruling: 
Case dismissed for lack of good faith considering the debtor’s motive, the timing of her petition, her disparate treatment of creditors, and her lack of sincerity. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on January 23,2019, LexisNexis #0219-090

Schick, In re--Kulefsky v. Schick

Ruling: 
Debtor's motion to seal portions of previously filed documents was denied as he failed to prove that he was entitled to the protection. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on January 22,2019, LexisNexis #0219-073

Randolph, In re--Leibowitz v. Randolph

Ruling: 
Debtor's discharge was denied as debtor refused to make the payments required by the agreedorder or to comply with the terms of the turnover order despite numerous requests and follow-up calls by the trustee's professionals. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on January 22,2019, LexisNexis #0319-044

House, In re

Ruling: 
Debtors were barred from opposing creditor's foreclosure as they were bound by their confirmed plan. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on January 18,2019, LexisNexis #0219-092

Madoff, In re--Sec. Inv’r Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC

Ruling: 
Stay of trial denied as court retained equitable jurisdiction over fraudulent transferproceeding despite transferees' withdrawal of claims. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on January 18,2019, LexisNexis #0219-056

Weatherspoon, In re

Ruling: 
Debtor was not allowed to exempt funds he received from his father's probate estate as he was not a dependent of his father under state law. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on January 18,2019, LexisNexis #0219-079

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