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.

Anketell, In re--Riley v. Anketell

Ruling: 
Trustee allowed to sell both estate's and co-owner's interest in real property as the co-owner failed to show that she would suffer economic hardship. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-037

Recinos

Ruling: 
Plan was subject to anti-modification prohibition as it specifically asserted that the propertyat issue was the debtor's principal residence rather than an investment property. (Bankr. D.Nev.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-023

White, In re

Ruling: 
Stay relief was granted to allow bank to present its defenses and prosecute its counterclaimin an arbitration proceeding that only raised state law issues. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-008

Froehlich, In re

Ruling: 
Court could not create a judicial exception to the estate termination theory for debtors whoconverted their cases from chapter 7 to chapter 13 to preserve non-exempt assets. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-026

Hazan, In re--GSY Corp. v. Hazan

Ruling: 
Debtor's motion to dismiss nondischargeability claim was granted as the claim failed on theelement of reliance. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-012

Heritage Home Grp. LLC, In re

Ruling: 
Trustee's objection to debtor's motion to hire another LLC was overruled as evidence supported that the LLC was not an auctioneer but a consultant and debtor used good business judgment in selecting the LLC. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on September 27,2018, LexisNexis #1118-030

Gilmore, In re--Chuipek v. Gilmore

Ruling: 
State court judgment was nondischargeable as chapter 7 debtor violated the Illinois HumanRights Act, the Illinois Wage Payment and Collection Act, and 42 U.S.C. § 1981. (Bankr. N.D.Ill.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-015

Noll, In re--Seaver v. Noll

Ruling: 
Transfer of debtor's property from the state and the IRS to non-debtor spouse was avoidable as the debtor did not receive any value. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-079

Neri Bros. Constr. Corp., In re--O'Neil v. New England Road, Inc.

Ruling: 
Defendants were liable for damages resulting from constructive and intentional fraudulent transfers as leases of equipment were transfers of debtor's rights in personal property without receipt of reasonably equivalent value and transfers were made while debtor was insolvent. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on September 27,2018, LexisNexis #1118-049

Samuel, In re

Ruling: 
Motions to remove the trustee were denied where debtor husband's allegations were whollyuncorroborated and trustee diligently managed the estate and the liquidation plan wasconfirmed. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-004

Zulpo, In re--Dantzler v. Zulpo

Ruling: 
Debtors' discharge was denied where debtors failed to keep and preserve records from which their financial condition could be ascertained. (Bankr. E.D. Ark.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-053

Aurora Memory Care LLC, In re

Ruling: 
Case converted to a case under chapter 7 for unexcused failure to file monthly operatingreports. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on September 27,2018, LexisNexis #1118-022

Bennett, In re

Ruling: 
Court granted request for relief from order as creditor has shown that its neglect in not filing a written response to the debtor's objection was excusable. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-038

Palmiter, In re--Gallo v. Palmiter

Ruling: 
Court granted motion to dismiss complaint where creditor failed to state a plausible claim for nondischargeability as the complaint did not plead any of the four required elements for the existence of an express trust. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-041

Santillan, In re

Ruling: 
Overpayment credited to balance owed under modified chapter 13 plan where the modification was retroactively effective as of the date it was filed. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-057

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