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.

Rosales, In re--Morris v. King

Ruling: 
Defendant's noncompliance with § 329(a) warranted full disgorgement of attorney fees andexpenses disbursed from the personal injury settlement. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on October 26,2020, LexisNexis #1220-028

Filene's Basement, LLC, In re

Ruling: 
Order entered enforcing the confirmation order and plan and settlement embodied in theplan. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 26,2020, LexisNexis #1220-045

Williams, In re

Ruling: 
Debtor's debt to HHS was not discharged and HHS did not violate the discharge injunction inseeking to collect. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on October 26,2020, LexisNexis #1220-063

Goldfeder, In re

Ruling: 
Objection to debtor's claim of exemption was denied where objecting bank did not satisfy itsburden of proof to show that the homestead exemption was improperly claimed. (Bankr. D.Del.)
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Consumer case opionion summary, case decided on October 26,2020, LexisNexis #1220-049

Ward, In re--Yaquinto v. Ward

Ruling: 
Discharge was properly denied as debtor challenged only some of the false oaths identifiedand judgment sufficiently rested on the unchallenged findings. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on October 23,2020, LexisNexis #1220-043

Players Network, In re

Ruling: 
Dismissal of Chapter 11 case was granted because the disclosure statement offered littleprospect of confirmation as it described a plan of reorganization that could not exist. (Bankr. D.Nev.)
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Commercial case opionion summary, case decided on October 23,2020, LexisNexis #1220-044

Heritage Real Estate Inv., Inc., In re--Harrison v. Heritage Real Estate Inv., Inc.

Ruling: 
Exceptions to res judicata did not apply as plaintiffs did not meet the "cause" standard andwere ineligible for relief since the claim determination had no prospective application. (Bankr.S.D. Miss.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on October 23,2020, LexisNexis #1220-036

Lee, In re--U.S. Nat'l Bank Assoc. v. Lee

Ruling: 
Relief from stay was granted absent a reasonable prospect of reorganization. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on October 23,2020, LexisNexis #1220-055

Concepts Am., Inc., In re

Ruling: 
Creditor waived secured status as it filed the involuntary petition without disclosing itssecurity and filed a proxy to vote in the trustee election reserved for unsecured creditors.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on October 22,2020, LexisNexis #1220-042

Otoh, In re--Otoh v. Barr

Ruling: 
Court dismissed governmental defendants as the plaintiff's damages claims were for punitivedamages and court considered such claims under U.S.C.S. § 106(a)(3). (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-027

Roberson, In re

Ruling: 
Motion for proposed private sales denied where approval of a sale of property under § 1206 isheld exclusively by the chapter 12 trustee. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-047

Greenfield, In re

Ruling: 
Recusal of the Chapter 7 bankruptcy judge was not warraned as judicial rulings in the case didnot establish bias for recusal. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-048

Jenkins, In re

Ruling: 
Chapter 7 trustee's motion to sell debtor's boat free and clear of liens, interest, encumbrances,and claims was granted. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-033

Schmitz, In re--Scott v. Schmitz

Ruling: 
Court independently found the debt was excepted form discharge based upon the testimonyof the witnesses, and after judging the credibility. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-037

NNN 400 Capital Ctr. 16, LLC, In re--NNN 400 Capital Ctr., LLC v. Wells Frago Bank, N.A.

Ruling: 
Motion to request taxable costs granted were the costs sought were allowable andreasonably necessary to the litigation. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 21,2020, LexisNexis #1220-023

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