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.

Paugh, In re--Paugh v. Graham

Ruling: 
Creditor willfully violated the automatic stay as creditor had received multiple notices by mail regarding debtor's bankruptcy. (Bankr. N.D. W. Va.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 06,2023, LexisNexis #0423-006

Paugh, In re--Graham v. Paugh

Ruling: 
State court judgment against the defendant for breach of contract was nondischargeable in the defendant's subsequent bankruptcy case as the defendant misrepresented himself as a licensed contractor. (Bankr. N.D. W. Va.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 06,2023, LexisNexis #0423-012

Lilis Energy, In re

Ruling: 
Plaintiff was entitled to summary judgment in preference proceeding as defendant's sole response was to state that additional discovery was necessary to establish its defense. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 06,2023, LexisNexis #0423-014

Aquilino, In re

Ruling: 
Bankruptcy court had core jurisdiction over debtors' motion for review of attorney compensation as the disclosure requirements for a debtor's attorney in a bankruptcy case could only arise in the context of a bankruptcy case. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 06,2023, LexisNexis #0423-001

S-Tek 1, LLC, In re

Ruling: 
Attorney's application for interim fees was approved as the fees were determined to be reasonable despite lack of recovery for estate or significant reduction of claim. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on February 06,2023, LexisNexis #0423-002

Times Square JV LLC, In re

Ruling: 
Preliminary injunction did not render the license agreement non-executory as it did not alter the parties' contractual rights and the outstanding obligations on both sides. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 04,2023, LexisNexis #0423-009

Arcapita Bank B.S.C.(c), In re

Ruling: 
Bank held in civil contempt for taking of a setoff and retention of the debtor's property in willful violation of the automatic stay. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 03,2023, LexisNexis #0423-005

Tihi Rest. Corp., In re

Ruling: 
Automatic stay lifted for landlord as the debtor had failed to pay post-petition rent for the property in an amount that exceeded the debtor's security deposit. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 03,2023, LexisNexis #0423-007

Digioia, In re

Ruling: 
Counsel's fee disclosures were deficient and justified complete disgorgement. (Bankr.D.D.C.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 03,2023, LexisNexis #0323-077

Attariwala, In re

Ruling: 
Court found that debtor filed case in good faith and as her plan met all requirements theplan was confirmed. (Bankr. D.D.C.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 03,2023, LexisNexis #0323-094

GFS Indus., LLC, In re--Avion Funding, LLC v. GFS Indus., LLC

Ruling: 
Direct appeal to the circuit court of appeals was warranted on issue of whether nondischarageability proceedings may brought against Subchapter V debtors. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on February 03,2023, LexisNexis #0423-011

Vasser, In re--Vasser v. Thomas Autobody & Repairs

Ruling: 
Bankruptcy court ordered the creditor to return the debtor's repossessed vehicle as title was still in debtor's name and it was property of the bankruptcy estate. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on February 03,2023, LexisNexis #0423-013

Cortlandt Liquidating LLC, In re

Ruling: 
Lease rejection damages were properly calculated and statutory cap applied only to damages that were attributable to the fact that the term of the lease had come to an end. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 02,2023, LexisNexis #0423-010

Asociado de Puerto Rico v. Nieves (In re Nieves, Libre--Asociación de Empleados del Estado

Ruling: 
Plan was properly affirmed over creditor's objection because it properly treated the creditor's secured claim and did not impermissibly modify the monthly payment or other contract terms. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on February 02,2023, LexisNexis #0423-017

Ritter, In re

Ruling: 
Creditor accepted the second original plan and it could not object to a later version of the plan which did not change its rights. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on February 02,2023, LexisNexis #0423-018

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