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.

Bingham, In re

Ruling: 
Trustee's objection to debtor's plan overruled where court approved the additional provisionin debtor's plan because it did not flout the requirements of 11 U.S.C.. § 1322(a)(2). (Bankr.N.D. Cal.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-023

Schack, In re--Kaye v. Schack

Ruling: 
Court concluded that creditor established embezzlement in the context of nondischargeabilitywhere all three elements were satisfied. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-010

Chase, In re--Chase v. Chase

Ruling: 
Debtor's motion to dismiss was denied where debt was nondischargeable on the basis of issuepreclusion and was previously held nondischargeable as a domestic support obligation.(Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-011

Murphy, In re--Pettie v. Murphy

Ruling: 
Security deed recorded postpetition was void as it violated the automatic stay. (Bankr. N.D.Ga.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-004

Fite, LLC, In re

Ruling: 
Dismissal of case with a two-year bar to refiling was justified after court found multipleinstances of mismanagement, incompetence, and failure to uphold fiduciary duties on thepart of debtor's managers. (Bankr. D. Or.)
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Commercial case opionion summary, case decided on April 30,2018, LexisNexis #0618-020

Mt. Divide, LLC, In re

Ruling: 
Motion to enforce sale order was denied as disqualified bidder's counterclaims were notinterests from which movants were protected. (Bankr. D. Mont.)
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Commercial case opionion summary, case decided on April 30,2018, LexisNexis #0618-005

Craig, In re

Ruling: 
Objection to plan was sustained where court found that the appraisal offered by debtors wasless reliable than that offered by the bank due to appraiser's mistake. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-024

Stevenson v. TND Homes I, LP

Ruling: 
Bankruptcy court's order was affirmed as none of debtor's arguments challenged thebankruptcy court's conclusion that there was unreasonable delay that was prejudicial tocreditors. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on April 30,2018, LexisNexis #0618-056

Real, In re

Ruling: 
Creditor's motion to dismiss denied where court has jurisdiction to determine that debt wasnondischargeable and creditor willfully violated the discharge injunction. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-009

Hadfeg, In re

Ruling: 
Court ruled that the special rights of Florida condominium associations to collect associationfees and assessments does not trump the preclusive effect of a "cure" plan confirmed withoutobjection. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-025

Stewart, In re

Ruling: 
Debtor's attorney directed to disgorge fees and costs received after failing to disclose theamount and source of his fees and expenses for over two years. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on April 27,2018, LexisNexis #0618-003

Jones, In re

Ruling: 
Court concluded that creditor's claim was subject to bifurcation as the collateral did not secure sums advanced to pay for optional gap insurance and vehicle maintenance contracts. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on April 20,2018, LexisNexis #0518-096

McDonald, In re--A.Y. McDonald Indus. v. McDonald

Ruling: 
Debtor's obligation to creditor ruled nondischargeable as he was acting in a fiduciary capacity when he acted wrongfully in misappropriating funds to himself. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 20,2018, LexisNexis #0518-098

Peterson, In re--Peterson v. Wells Fargo Bank, N.A.

Ruling: 
Dismissal of debtor's complaint was warranted for failure to state a claim upon which relief could be granted. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on April 19,2018, LexisNexis #0518-120

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