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.

Stak Design, Inc., In re

Ruling: 
Court approved the sale of substantially all of the assets of debtor's bankruptcy estate free andclear of liens as the purchaser was a good faith buyer. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on March 12,2020, LexisNexis #0420-081

Lionetti, In re--Lionetti v. Law Offices of Steven H. Marcus

Ruling: 
Denial of award of attorney's fees was reversed as the bankruptcy court erred in its applicationof the "substantially justified" standard where there was no specific evidence of fraudulentintent before the court. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0520-038

Southern Produce Distrib. Inc. v. Adams (In re Southern Produce Distrib. Inc.)

Ruling: 
Creditor growers could not be ordered to turn over crops to debtor distributor prior to ajudicial determination that they had breached their agreement with the debtor. (Bankr.E.D.N.C.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 11,2020, LexisNexis #0420-082

Moore, In re

Ruling: 
Debtor’s counsel sanctioned for failing to investigate and discover debtor’s prior filings priorto fling debtor’s third case. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0420-053

Zellner v. Lutz (In re Zellner)

Ruling: 
Debtor's motion for contempt denied where former partner and his attorney did not violatethe discharge injunction. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0420-088

Mank, In re

Ruling: 
Confirmation of amended plan denied as its contents include nonstandard provisions thatwere not specific to the debtor's financial circumstances. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-095

Katona, In re

Ruling: 
Revocation of discharge was appropriate where trustee had established knowingnondisclosures by the debtors. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-068

T Street LLC v. v. Jaques (In re Jaques)

Ruling: 
Bankruptcy court's finding that bank did not reasonably rely on debtor's financial statementwas clearly erroneous and debtor was not entitled to be discharged from his debt. (5th Cir.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-086

Beauboeuf, In re

Ruling: 
Motion to prepay plan payments was granted as the motion made no changes to the plan andtherefore was not a modification. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-072

Itapemirim, In re

Ruling: 
Movant had standing to prosecute the motion to dismiss because he qualified as an entityaffected by the recognition order. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-073

Pixius Communs, In re

Ruling: 
New, post-auction credit bid on estate assets from members of debtor was not eligible forconsideration. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on March 10,2020, LexisNexis #0420-058

Hawkes, n re

Ruling: 
Creditor's complaint seeking an exception of its debt from discharge was dismissed as theallegations of fraud were not pled with sufficient particularity. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-060

Keach v. New Brunswick Southern Ry. Ltd. (In re Montreal Maine & Atl. Ry., Ltd.)

Ruling: 
Creditors' claims for their share of payments debtor railroad was to collect from its customersprior to filing its case qualified as "Six Months Rule" claims and were entitled to priority. (1stCir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on March 10,2020, LexisNexis #0420-093

Wigley, In re

Ruling: 
Bankruptcy appellate panel erred in reversing approval of creditor’s claim as the claim had notbeen discharged in debtor’s prior bankruptcy. (8th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on March 09,2020, LexisNexis #0420-089

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