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.

SoyNut Butter Co., In re

Ruling: 
Objecting parties were entitled to exercise their right to seek indemnification and defense under the insurance policy until the policy limits were exhausted as nothing authorized the trustee to use "free and clear" sales to expand debtor's rights beyond those allowed by the bankruptcy code. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-040

Energy Future Holdings Corp., In re

Ruling: 
Debtor was not entitled to an administrative expense claim as it was barred by the unambiguous, plain language of the merger agreement. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-041

Boucek, In re--Boucek v. Boucek

Ruling: 
Court granted co-executor's motion for abstention and remand as the cases had been pending in state court for many years, discovery had been completed, the claims arose under state law, and the cases on which they are being litigated was non-core. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 31,2018, LexisNexis #0918-058

Hungry Horse, LLC, In re

Ruling: 
Law firm's request for reimbursement of outside counsel from the LLC's bankruptcy estate denied as no employment orders were issued. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on July 31,2018, LexisNexis #0918-033

Lopez, In re--Viegelahn v. Lopez

Ruling: 
Court affirmed that debtors were entitled to the return of homestead proceeds as they voluntarily dismissed their case. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 31,2018, LexisNexis #0918-036

Perez, In re

Ruling: 
Court ruled that both original and amended contract for bankruptcy assistance between debtor and law firm were void as it did not explain the services and fees provided. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on July 31,2018, LexisNexis #0918-052

Maes, In re

Ruling: 
Court denied debtor's motion as reimposing the automatic stay upon reopening the cases would contravene the explicit provisions of the bankruptcy code governing termination of the automatic stay. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on July 31,2018, LexisNexis #0918-039

1075 S Yukon, LLC, In re

Ruling: 
Debtor's pre-petition contractual right to exercise an option to purchase real property was not automatically extended if the deadline to exercise the option had not expired prior to the petition date as exercising the option was not "curing a default." (Bankr. D. Colo.)
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Commercial case opionion summary, case decided on July 30,2018, LexisNexis #0918-031

Hrobuchak, In re--Transcontinental Refrigerated Lines, Inc. v. Hrobuchak

Ruling: 
Unscheduled debt was dischargeable as the creditor had been made aware of the chapter 7 adjudication when he spoke to the debtor's chapter 7 trustee. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on July 30,2018, LexisNexis #0918-047

Hager, In re

Ruling: 
Court approved attorney's fee application and granted administrative priority claim as he secured confirmation of the debtor's plan and had a reasonable hourly rate. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on July 30,2018, LexisNexis #0918-035

St. Clair, In re

Ruling: 
Telephone service company violated the discharge injunction when it sent the debtors billingstatements while their case was open and after they received a discharge. (Bankr. D. Mont.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-017

Davis, In re

Ruling: 
Motion to approve the compromise and settlement was denied where debtor did not have alegal or equitable interest in a product liability claim that became property of the bankruptcyestate upon the filing of her chapter 7 petition. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-018

Fornesa v. Fifth Third Mortg. Co.

Ruling: 
Court held that plaintiffs were judicially estopped from claiming a stay violation becausedebtor failed to adequately disclose his assets in bankruptcy. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-003

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