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 21,500 opinion summaries by keyword, relevant code section, court and judge. Opinion summaries are provided by our partner LexisNexis® Collier and are updated weekly.

Polvorosa, In re

Ruling: 
Creditor's allocation of loan payments received under plan was not grounds for contemptabsent violation of a specific plan provision. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on August 21,2020, LexisNexis #1020-019

Richardson, In re

Ruling: 
Bankruptcy court granted creditor from the automatic stay to collect the insurance proceeds ondebtor’s totaled vehicle where the redemption period had expired. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 20,2020, LexisNexis #0920-079

Guajardo, In re

Ruling: 
Court granted the attorney's fee application as the attorney's work was necessary and led to asuccessful case. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 20,2020, LexisNexis #1020-001

Hartland MMI, LLC, In re

Ruling: 
Motion to appoint a Chapter 11 trustee was granted as it was in the best interests of creditorsand the estate. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on August 20,2020, LexisNexis #1020-017

Hutsell, In re--Hutsell v. Navient

Ruling: 
Discharge of debtor's student loan debt was warranted as debtor could not maintain a minimalstandard of living if forced to repay her student loans. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on August 19,2020, LexisNexis #0920-090

Kirvan, In re--Camp Inn Lodge LLC v. Kirvan

Ruling: 
Debt was nondischargeable on grounds of larceny and willful and malicious injury. (Bankr.E.D. Mich.)
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Consumer case opionion summary, case decided on August 19,2020, LexisNexis #0920-087

Manolo Blahnik USA, Ltd, In re

Ruling: 
Motion to dismiss involuntary case denied as at least one of the petitioning creditor's claimswas not subject to bona fide dispute. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 18,2020, LexisNexis #0920-076

Sorelle, In re

Ruling: 
Court granted debtors' motion to estimate medical malpractice claim for voting and planconfirmation only in order to avoid delay. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on August 18,2020, LexisNexis #1020-004

Smith, In re--First Am. Title Ins. Co. v. Smith

Ruling: 
Creditors’ complaint that debt was nondischargeable was dismissed as creditors filedcomplaint one day after deadline and had not met their burden of proving that debtor'salleged unclean hands affected the late filing. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on August 17,2020, LexisNexis #0920-088

U.S.A. Parts Supply, In re

Ruling: 
Creditors were not entitled to Chapter 11 case dismissal as they failed to show both objectivefutility and subjective bad faith. (Bankr. N.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on August 17,2020, LexisNexis #0920-095

Gamboa, In re--Matthews v. Gamboa

Ruling: 
Lawyer plaintiff's motion to disqualify was denied because the fact that he believed he wastreated unfairly did not give rise to the court's disqualification. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on August 17,2020, LexisNexis #0920-098

Nilhan Developers, LLC, In re

Ruling: 
Film license agreement between debtor and Netflix did not revert to producers followingrejection and termination of distribution agreement. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 17,2020, LexisNexis #0920-082

4218 Partners LLC v. McGuire Ft. Hamilton LLC (In re 4218 Partners LLC)

Ruling: 
Debtor failed to state a claim for equitable subordination. (Bankr. E.D.N.Y.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 17,2020, LexisNexis #0920-085

Stewart, In re--SE Prop. Holdings, LLC v. Stewart

Ruling: 
Bankruptcy court abused its discretion when it imposed a lesser sanction on debtor's attorneyfor failure to disclose fee arrangement without good reason. (10th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 14,2020, LexisNexis #0920-077

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