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.

Abel, In re

Ruling: 
Debtor who moved from Montana to Utah seven months prior to filing Chapter 7 bankruptcywas entitled to claim motor vehicle exemption under Montana law or pursuant to the hangingparagraph of § 522(b)(3). (Bankr. D. Utah)
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Consumer case opionion summary, case decided on August 14,2020, LexisNexis #0920-086

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

Sanam Conyers Lodging, LLC, In re

Ruling: 
Amended plan was confirmed as feasible and capable of being fully performed by debtor.(Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 14,2020, LexisNexis #0920-096

Arroyo, In re

Ruling: 
The entire automatic stay terminates after 30 days for second-time filers, so state courtjudgment was not in violation. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 13,2020, LexisNexis #0920-081

Ravasia, In re--Garvin v. Ravasia

Ruling: 
Debtors' discharge was denied due to debtor husband’s knowing and fraudulentmisrepresentation of income on Schedule I. (Bankr. E.D. Wash.)
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Consumer case opionion summary, case decided on August 13,2020, LexisNexis #0920-094

Smith, In re

Ruling: 
Property could not be recovered for the estate where debtor was divested of legal title to theproperty several months prior to the commencement of the bankruptcy case.. (Bankr. N.D.Miss.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-064

Freeland, In re

Ruling: 
Debtors awarded damages where creditor violated the stay by repeatedly calling the debtorsand sending bill for immediate payment. (Bankr. D. Or.)[1]-Creditor violated 11 U.S.C. § 362(a)(6) by repeatedly calling the debtors after they filed theirbankruptcy petition and by sending a bill asking for immediate payment; [2]-Because debtors wereentitled to the protection afforded by the automatic stay without harassment from the creditor, anddebtors provided evidence of emotional distress, an emotional distress damages award was warranted;[3]-Creditor's actions were willful because it appeared that the creditor, a large company, had receivedcorrect and robust notice of the debtors' bankruptcy and the motion and therefore could not blame itsfailure to timely stop collection efforts or to appear and address the motion on defective notice or service.Freeland, In re, 2020 Bankr. LEXIS 2174 (Bankr. D. Or. August 12, 2020) (Mckittrick, B.J.).
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-080

Nichols, In re--Nichols v. Marana Stockyard & Livestock Mkt., Inc.

Ruling: 
Conversion of Chapter 13 case to Chapter 7 rather than dismissal affirmed as in the bestinterests of creditor. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-071

Elliott v. Pac. Western Bank

Ruling: 
Perfected lien on the debtor's IRA funds was not voidable as the lien did not impair aninterest in his property on the date he filed his Chapter 7 bankruptcy petition. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-059

McBride, In re--Doerner, Saunders, Daniel & Anderson, LLP v. McBride

Ruling: 
Debtor's motion to dismiss proceeding for denial of discharge where complaint statedplausible claims for misstatement of income and failure to keep adequate records. (Bankr. N.D.Okla.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-093

Aerial Robotics, Inc., In re

Ruling: 
Chapter 11 plan was confirmed as it met all the necessary requirements, was feasible and notlikely to be followed by a liquidation. (Bankr. D. Utah)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-097

Hughes, In re

Ruling: 
Automatic stay lifted as debtor failed to make post-petition mortgage payments for more thantwo years with no intention of providing for the claim or the lien. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-055

Motors Liquidation Co., In re

Ruling: 
Motions to file late proofs of claim ten years after the bar date denied as plaintiffs failed toestablish excusable neglect. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-075

Landon, In re--Ford v. Landon

Ruling: 
Probate judgment did not provide sufficient evidence to satisfy the element of willfulness fordetermination of nondischargeability. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-061

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