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.

Hardin, In re--American Zurich Ins. Co. v. Hardin

Ruling: 
Motion to dismiss denied where debtor was pursuing a legitimate bankruptcy purpose andhad acted in good faith, fully disclosed his assets and financial affairs, and cooperated withthe trustee. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-043

Berge, In re--MarketGraphics Research Grp., Inc. v. Berge

Ruling: 
Dischargeability of debts affirmed as nothing in the record supported a finding that debtoracted with the requisite intent to injure. (6th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-063

Smith, In re--Robson v. Smith

Ruling: 
Creditors failed to show an exception to discharge for any debt owed to them by debtor.(Bankr. E.D. Okla.)
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Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-030

Goldberg, In re

Ruling: 
Proceeds in excess of foreclosing creditor's security interest in property remained subject tothe automatic stay. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-065

Pile, In re

Ruling: 
Objection to discharge filed on the last day for objections that did not commence an adversaryproceeding could not be accepted as a formal complaint. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on March 26,2020, LexisNexis #0520-050

R.C.A. Rubber Co., In re--Suhar v. Pension Benefit Guar. Corp.

Ruling: 
Motion to dismiss trustee’s avoidance proceeding granted where lien at issue was a statutorylien that not be avoided as a preferential transfer. (Bankr. N.D. Ohio)
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Commercial case opionion summary, case decided on March 26,2020, LexisNexis #0520-041

TelexFree, In re--Darr v. United States

Ruling: 
IRS's post-petition erroneous refund related to its pre-petition tax claim and was not anadministrative expense claim. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on March 26,2020, LexisNexis #0520-029

Engelman, In re

Ruling: 
Debtor was not eligible to be a debtor under Chapter 13 unsecured debt in excess of thespecified limit. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on March 25,2020, LexisNexis #0520-026

Adesanya, In re--Novartis Pharm. Corp. v. Adesanya

Ruling: 
Summary judgment in nondischargeability proceeding denied due to questions of factregarding debtor spouse’s state of mind. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on March 24,2020, LexisNexis #0520-033

Gistis, In re

Ruling: 
Debtor's attorney sanctioned for providing incorrect information on Schedule C pertaining todebtor's homestead exemption. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on March 24,2020, LexisNexis #0520-044

Bronx Miracle Gospel Tabernacle Word of Faith Ministries, In re

Ruling: 
Trustee was entitled to take control of estate property to prevent unauthorized use. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on March 23,2020, LexisNexis #0520-066

Ratcliff

Ruling: 
Debtor-in-possession could avoid creditor's lien due to the creditor’s failure to reperfect itssecurity interest after debtor’s name change. (Bankr. D. Minn.)
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Commercial case opionion summary, case decided on March 23,2020, LexisNexis #0520-040

Steiner, In re--Steiner v. Wilmington Sav. Fund Soc’y, FSB

Ruling: 
Chapter 13 debtors' cases were dismissed for bad faith where they filed multiple bankruptcycases as part of a long-running scheme to manipulate and abuse the Bankruptcy Code. (B.A.P.8th Cir.)
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Consumer case opionion summary, case decided on March 23,2020, LexisNexis #0520-046

Shawver, In re--GCAP Holdings LLC v. Shawver

Ruling: 
Debt was dischargeable where creditor failed to establish required elements of fraud andmisrepresentation. (Bankr. E.D. Mo.)
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Consumer case opionion summary, case decided on March 23,2020, LexisNexis #0520-031

Graham, In re--Adams v. Graham

Ruling: 
Pre-petition settlement agreement was not determinative of whether a debt was due to willfuland malicious injury for dischargeability purposes. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on March 20,2020, LexisNexis #0520-037

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