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.

Woldstad, In re

Ruling: 
Trustee's objection to the plan was overruled where debtor's daughter was a member of his household because she lived with him more than a de minimis portion of each month and was his financial dependent under the "economic unit" approach. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on August 10,2018, LexisNexis #0918-116

Clothier, In re--Clothier v. IRS

Ruling: 
Debtors' motion for summary judgment was granted where the 2008 tax debt was not a priority claim as debtors' 2008 tax return was last due more than three years before the filing of their chapter 7 case. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on August 10,2018, LexisNexis #0918-101

Holub Enters., In re--Thaler v. Capital One, N.A.

Ruling: 
Defendant's summary judgment motion was granted where crossclaim only addressed potential liability of defendant to cross-claimant for funds that had been turned over to the estate which was not a core claim and was not related to the case. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on August 10,2018, LexisNexis #0918-118

Fritzson, In re--Lefevre v. Fritzson

Ruling: 
Plaintiff met his burden of proof to establish that an alleged debt was nondischargeable as the debtor was in a fiduciary relationship to her godparents and defalcation standard required was committed. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 10,2018, LexisNexis #0918-104

Straka, In re

Ruling: 
Request for additional compensation or reimbursement of fee applicant was disallowed as it yielded a requested fee that was unreasonable given the nature of the work performed. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 09,2018, LexisNexis #0918-095

Gilland, In re

Ruling: 
Automatic stay was lifted nunc pro tunc to allow Army and Air Force Exchange Service to setoff debtor's federal income tax withholdings. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 09,2018, LexisNexis #0918-096

Lorick, In re

Ruling: 
Debtor's surcharge motion was denied as they failed to show that secured creditor fared better due to the debtors' expenditures as any increase in the sale price obtained did not improve secured creditor's position under § 506(c). (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on August 09,2018, LexisNexis #0918-100

Manevska, In re--Kontos v. Manevska

Ruling: 
Debtor was ineligible to receive a discharge as she failed to keep records showing what she did with the money she took from the decedent. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on August 08,2018, LexisNexis #0918-111

Stallman, In re--McNally v. Stallman

Ruling: 
Court noted that establishing a fraud debt under § 523(a)(2) does not require a misrepresentation. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on August 08,2018, LexisNexis #0918-103

Saenz, In re--Saenz v. Gomez

Ruling: 
District court's judgment affirmed where debtor's false representations were made to induce the buyer to purchase the restaurant and proximately caused the buyer's injury after he justifiably relied on them. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 07,2018, LexisNexis #0918-105

Tejeda, In re--Velasquez v. Tejeda

Ruling: 
Tenant awarded a nondischargeable debt as the debtor landlord acted willfully and maliciously when he disconnected the water service for the purpose of inducing the tenants to vacate the property. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #0918-107

Shuff, In re

Ruling: 
Debtors were barred filing another bankruptcy case for 180 days as they failed to attend the scheduled 341 meeting of creditors and did not file required documents. (Bankr. S.D. W. Va.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #0918-092

Brainard, In re--McKeon Law Grp., LLC v. Brainard

Ruling: 
Debtor was entitled to claim an exemption in an individual retirement account as the retirement fund distribution was not alimony. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-043

Newman, In re--Heritage Equities, LLC v. Newman

Ruling: 
Court declined to determine that any debt was nondischargeable as there was insufficient evidence to determine whether there remained a debt from one to the other. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-046

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