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.

Goins, In re

Ruling: 
Summary judgment in avoidance proceeding granted where trustee failed to establish thatdebtor received less than a reasonably equivalent value in exchange for the transfer. (Bankr.N.D. Tex.)
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Consumer case opionion summary, case decided on March 11,2019, LexisNexis #0519-038

Wilton Armetale, Inc., In re--Wilton Armetale, Inc. v. Gordon Bros. Commer. & Indus., LLC

Ruling: 
Adversary proceeding dismissed where Chapter 7 trustee abandoned estate's claims againstcreditor. (Bankr. E.D. Pa.)
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Commercial case opionion summary, case decided on March 11,2019, LexisNexis #0519-040

In Cha Rim, In re

Ruling: 
Trustee's motion for entry of default judgment was granted as the allegations created a reasonable inference that debtor was insolvent at the time of the transfer. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-087

Las Uvas Valley Dairies, In re--Metropolitan Life Ins. Co. v. Las Uvas Valley Dairies

Ruling: 
Unsecured creditors' committee could not avoid a major secured creditor's mortgages on water rights associated with property mortgaged by debtor because the Water Right Change of Ownership Statute did not apply to mortgages. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 08,2019, LexisNexis #0419-088

Lawson, In re--Lawson v. Shehan

Ruling: 
Contempt order is not a remedy for a violation of the automatic stay. (Bankr. E.D. Ark.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0519-028

Pinnick, In re--Pinnick v. No Respondent

Ruling: 
Motion to dismiss Chapter 7 case denied as debtor's mistaken belief that her home would beprotected in bankruptcy was not by itself a reason to dismiss given the relatively small claimsof four general unsecured creditors. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-063

McCallan v. Sanfilippo

Ruling: 
Court had subject matter jurisdiction over Stern claim which was treated as a noncore proceeding. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-095

Orellana, In re

Ruling: 
Remand was required to determine whether debtors provided copy of their last filed federal income tax return within seven days of the meeting of creditors. (Bankr. N.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-082

Seiffert, In re

Ruling: 
Debtors' mere failure to surrender mobile home to creditor did not constitute a meritoriousground to delay the entry of a discharge order. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0519-059

Wong, In re

Ruling: 
Debtor's failure to list the accounts receivable on his bankruptcy schedule was not a false oathas creditor failed to prove that debtor personally owned these accounts. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0519-041

Rey, In re

Ruling: 
Mortgagee's motion to confirm sale granted as the sale occurred before the bankruptcy was filed and the debtor's right to redeem expired at the time of the sale. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on March 07,2019, LexisNexis #0419-086

Gas-Mart United States, Inc., In re--Lauter v. Wells Fargo Bank, N.A.

Ruling: 
Creditor's complaint to avoid preferential transfer was overruled in part as plaintiff established that payments it received were a contemporaneous exchange for new value. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on March 07,2019, LexisNexis #0419-089

TS Empl., Inc., In re--Feltman v. Kossoff & Kossoff LLP

Ruling: 
The non-statutory insider exception did not apply where defendant as accountant did not exert any degree of control in perpetrating fraud. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 07,2019, LexisNexis #0419-074

Buchanan, In re

Ruling: 
Court approved fee application of debtors' counsel under 11 U.S.C. § 330 where requested fees were reasonable. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on March 07,2019, LexisNexis #0419-075

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