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.

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

Clothier, In re--Clothier v. IRS

Ruling: 
Motion to alter judgment was granted as the bankruptcy court failed to consider the "hangingparagraph" in 11 U.S.C. § 507(a)(8) which stated that the period shall be suspended for anytime during which the stay of proceedings was in effect in a prior case under title 11 plus 90days. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-010

Suh, In re

Ruling: 
Debtor's motion to disallow claim denied where the city held a pre-petition claim and debtor'sequitable grounds were without merit as there was no stay violation and no basis for estoppel.(Bankr. D.N.J.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-027

Sevastakis, In re--Coluccio v. Sevastakis

Ruling: 
Debt was nondischargeable where debtor knowingly misrepresented his qualifications andobligations under the contract with the intent to deceive the township and plaintiffs. (Bankr.D.N.J.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-013

Migell, In re

Ruling: 
Attorney representing debtor's mother violated the automatic stay by failing to withdraw his pleadings seeking to seize or place a lien on the debtor's homestead. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-031

Brizinova, In re--Geltzer v. Brizinova

Ruling: 
Trustee was not entitled to seek turnover of post-petition sale proceeds as debtor's ownership of online corporation's shares did not give debtor legal title to, or an ownership interest in, its assets. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-048

A & B Assocs., L.P., In re

Ruling: 
Court held that debtor was a limited partnership under the laws of Georgia and that it waseligible to seek reorganization in the chapter 11 bankruptcy case as they elected to continuethe limited partnership notwithstanding any dissolution. (Bankr. S.D. Ga.)
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Commercial case opionion summary, case decided on September 26,2018, LexisNexis #1118-003

Hansen, In re

Ruling: 
Confirmation of debtors' chapter 13 plan was granted as debtor did not impermissibly modify his secured claim because the lien was not a security interest but rather a nonconsensual statutory mechanic's lien. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-056

Metz, In re--Metz v. Navient Educ. Loan Corp.

Ruling: 
Court granted partial relief where debtor met all prongs of the Brunner test and she would suffer undue hardship if she was required to pay interest she owed on her student loans. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-046

Wood, In re

Ruling: 
Automatic stay was terminated as to debtor and debtor's property as he had filed an earlier chapter 13 case that was dismissed less than one year before his current case. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-034

Motors Liquidation Co., In re

Ruling: 
Settlement agreement could not be approved as it proposed to permit payment of late-filed claims on behalf of over 11 million claimants who suffered economic loss due to defects in vehicles the debtor manufactured without certifying those claimants as class claimants. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 24,2018, LexisNexis #1118-060

Goodrich, In re

Ruling: 
Automatic stay extended beyond 30 days from the date debtor filed his petition as he demonstrated that he filed his second case in good faith with clear and convincing evidence. (Bankr. D. Vt.)
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Consumer case opionion summary, case decided on September 24,2018, LexisNexis #1118-033

Copsync, Inc., In re

Ruling: 
Amended plan of liquidation was confirmable as it satisfied the applicable provisions of the bankruptcy code. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on September 21,2018, LexisNexis #1118-055

Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK

Ruling: 
Evidence offered by chapter 7 trustee was sufficient to avoid motion for summary judgment on the trustee's allegation that a claim UK corporation filed against the debtor's estate had to be subordinated to claims filed by other creditors as one of the UK corporation's principals breached his fiduciary duties. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on September 21,2018, LexisNexis #1118-040

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