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 23,000 opinion summaries by keyword, relevant code section, court and judge. Opinion summaries are provided by our partner LexisNexis® Collier and are updated weekly.

Wigington, In re

Ruling: 
Debtor's motion to avoid the judgment lien on her home was denied as she did not meet herburden to establish a lesser value. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-059

Karmi, In re--Karmi v. Atallah

Ruling: 
Debtor's ex-wife was liable to debtor for a willful violation of the automatic stay for conductafter she knew about the existence of the automatic stay. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0522-008

Kisielka, In re

Ruling: 
Debtor was not entitled to amend the means test and modify his plan as the original meanstest properly excluded his social security income and included his VA disability benefits.(Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-092

Twitty, In re

Ruling: 
Debtor's plan was not confirmable as it proposed to pay less than the creditor's secured claimamount. (Bankr. D.S.C.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-096

Miranda-Garcia, In re

Ruling: 
Creditor could not pursue his nondischargeability complaint as the complaint was untimely.(Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-097

Elam, In re--Christ Ctr. Divine Philosophy, Inc. v. Elam

Ruling: 
Debt was nondischargeable due to debtor's willful and malicious copyright infringement.(Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-085

France, In re

Ruling: 
Trustee could not surcharge debtor's exemption to satisfy the turnover obligation or employ anoffset. (Bankr. D.S.C.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 02,2022, LexisNexis #0422-088

Esquibel, In re

Ruling: 
Creditor's failure to object to confirmation constituted an acceptance of the original plan.(Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 01,2022, LexisNexis #0422-090

Niebur, In re

Ruling: 
Creditor's proof of claim in the individual debtors' case had no legal effect in the corporatedebtor's case as orders for joint administration were clear that proofs of claim had to be filedin each particular case. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on March 01,2022, LexisNexis #0522-009

McCallan, In re--Wilkins v. McCallan

Ruling: 
Debtor's wife waived her right to a jury trial and impliedly consented to final adjudication bythe bankruptcy court by failing to timely file the motion to withdraw the reference. (Bankr.M.D. Ala.)
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Consumer case opionion summary, case decided on March 01,2022, LexisNexis #0422-067

Randle, In re

Ruling: 
Total fees requested by Chapter 7 trustee and his counsel were reduced to an aggregateamount of no more than 50% of the total amount as the trustee’s request was higher than whatwas reasonable. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on March 01,2022, LexisNexis #0422-053

Gutierrez, In re--Marchitello v. Gutierrez

Ruling: 
Discharge denied due to debtor’s numerous false statements under oath related to her assetsand the alleged disposition of assets. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on March 01,2022, LexisNexis #0422-070

Sheppard, In re--Nationwide Judgment Recovery, Inc. v. Sheppard

Ruling: 
Creditor's complaint failed to state a claim upon which relief could be granted as it containedno allegations that the debtor's gain from participating in the scheme was fraudulent on hisbehalf. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 28,2022, LexisNexis #0422-062

Harrison, In re--Hadley v. Harrison

Ruling: 
Debt was nondischargeable where debtor directed his employees to pack and moveeverything that was not attached to the floor or wall and to take everything that was not bolteddown. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on February 28,2022, LexisNexis #0422-063

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