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.

Husted, In re

Ruling: 
Court granted the application to employ a special litigation counsel for the Chapter 13 estate asthe counsel specialized in pursuing claims for the type of injury sustained by the debtor.(Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-054

Zimpher, In re

Ruling: 
Chapter 7 debtors were not entitled to a claim based on post-petition debt payment that wouldhave a higher priority than their right to distribution of excess funds. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-071

Barr, In re--Dexter v. Barr

Ruling: 
Debtors were estopped from relitigating dischargeability where state court judgment forabuse of process and malicious prosecution found creditor’s injuries to be willful andmalicious. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-088

McZeal, In re--Sicherman v. World Auto Network Inc.

Ruling: 
Attorney's fees, expenses, and court cost awarded using the lodestar method modified byfollowing the guidelines in Bittner. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-057

Filipino Cmty. Ctr., In re

Ruling: 
Court sustained debtor's objections to creditor's claims for damages arising from the debtor'srejection of the parties' executory contract. (Bankr. D. Haw.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on September 27,2019, LexisNexis #1119-059

Johnson, In re--Johnson v. North Mill Credit

Ruling: 
Creditor did not violate the automatic stay in repossessing a truck that belonged to acorporation that was a separate and distinct legal entity from debtor. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-077

Stollings Trucking Co., In re

Ruling: 
Debtor was not entitled to surcharge legal and professional expenses against taxing authoritywithout providing the authority with a direct and non-incidental benefit. (Bankr. S.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on September 27,2019, LexisNexis #1119-060

Waite, In re--Horvath v. Waite

Ruling: 
Debt was not nondischargeable on grounds of fiduciary defalcation where creditors failed toestablish the existence of an express trust. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-063

Hartman, In re

Ruling: 
Creditor’s nondischargeability complaint dismissed where he had not alleged withparticularity any fraud or larceny. (Bankr. N.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-065

Goss, In re--Fabian v. Goss

Ruling: 
Dismissal of creditor's amended complaint was not warranted as it related back to the date ofthe original complaint. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on September 27,2019, LexisNexis #1119-083

Wilkerson, In re--Edwards v. Wilkerson

Ruling: 
Late-filed dischargeability complaint dismissed. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 26,2019, LexisNexis #1119-067

Frazier, In re

Ruling: 
Debtor was allowed to reconvert to Chapter 13 as debtor had asserted a real change ofcircumstances that would allow her to submit a feasible plan. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on September 26,2019, LexisNexis #1119-070

Mayflower Cmtys., Inc., In re

Ruling: 
Debtor's amended plan of liquidation was confirmed as it was proposed with the legitimateand honest purpose of maximizing the value of the debtor's assets and distributions tocreditors. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on September 26,2019, LexisNexis #1119-072

Nestor, In re

Ruling: 
Debtor's special counsel was not entitled to compensation for work on pre-authorizationlawsuit or matters outside the scope of work authorized by the court. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 26,2019, LexisNexis #1119-056

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