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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.

Wayne A. Gapp, In re

Ruling: 
Debtor's discharge was denied where debtor transferred his share of proceeds from the saleof a home to his non-filing spouse's bank account with intent to hinder, delay or defraudcreditors and reliance on counsel defense was rejected. (Bankr. D.N.D.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-091

Bestwall LLC, In re

Ruling: 
Dismissal of debtor's Chapter 11 case was not appropriate as debtor had sufficient assets tomeet obligations and continue as a growing concern. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on July 29,2019, LexisNexis #0919-093

Prescott, In re--Prescott v. Wells Fargo Bank, N.A.

Ruling: 
Mortgagee breached the court's cure order by trying to collect a payment the order hadeliminated. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-096

Rea, In re

Ruling: 
Discrimination against transgender creditor by debtor was sufficient to support a finding ofwillful injury for purposes of 11 U.S.C. §523(a)(6). (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-082

Westinghouse Elec. Co. LLC v. S.C. Pub. Serv. Auth

Ruling: 
Creditor's motion to dismiss adversary proceeding for lack of subject matter jurisdictiondenied as the disputes implicated the bankruptcy court's prior orders and the transactionsapproved by the court. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 29,2019, LexisNexis #0919-098

Anderson v. Monroe

Ruling: 
Transfer within two years of petition date for less than reasonably equivalent value couldbe avoided. (Bankr. D.S.C.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 26,2019, LexisNexis #0919-088

Veg Liquidation, Inc., In re--Fulmer v. Fifth Third Equip. Fin. Co.

Ruling: 
Dismissal of Chapter 7 trustee's suit challenging asset sale affirmed as it was an impermissiblecollateral attack where all of the acquired assets were subject to a competitive and good faithbidding process. (8th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 26,2019, LexisNexis #0919-055

Nabors Offshore Corp. v. Whistler Energy II, L.L.C. (In re Whistler Energy II, L.L.C.)

Ruling: 
Bankruptcy court erred in determining whether pre-demobilization costs met the standard foradministrative priority as it failed to consider whether the expenses benefitted the bankruptcyestate. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 26,2019, LexisNexis #0919-056

Sandia Tobacco Mfrs., In re

Ruling: 
Transferee of an entity had standing to object to debtor's proposed sale of certain escrowaccounts as the entity's claim to the accounts placed in question the issue of whetherdebtor's claimed interest in the accounts was property of the estate subject to sale. (Bankr.D.N.M.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 26,2019, LexisNexis #0919-078

Graves Farms, In re

Ruling: 
Confirmation of plan was denied as it did not appear that the three debtors could make allof their plan payments. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on July 26,2019, LexisNexis #0919-094

Stapleton, In re--Benchmark Bank v. Stapleton

Ruling: 
Denial of discharge for filing a false financial statement denied debtor as bank failed todemonstrate that it required debtor to tender a financial statement or other financialrepresentation in order to procure a boat loan. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on July 26,2019, LexisNexis #0919-081

Belmonte, In re--Jones v. Brand Law Firm, P.A.

Ruling: 
Avoidance of second mortgage and post-petition loan payments was not a double recovery andwas properly affirmed. (2d Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-066

Garza, In re--Garza v. CMM Enters., LLC

Ruling: 
Court limited the award of attorney's fees for willful stay violations as debtor's counsel didnot make any effort to resolve the matter before filing the adversary proceeding. (Bankr. S.D.Tex.)
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Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-054

Antonucci, In re--Provident Bank v. Antonucci

Ruling: 
Discharge denied where debtor concealed his income from creditors with specific intent tohinder, delay, or defraud. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-090

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