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.

Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC

Ruling: 
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 21,2018, LexisNexis #0219-083

Easley v. Collection Serv. of Nev.

Ruling: 
Debtor could recover attorneys' fees and costs incurred in appeal in successful appellate challenge of an initial award made pursuant to § 362(k). (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on December 20,2018, LexisNexis #0219-027

Nedelka, In re--Nedelka v. IRS

Ruling: 
Discharge order did not discharge tax debts as the debtors' tax return was filed the same year in which the debtors filed their bankruptcy. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on December 20,2018, LexisNexis #0119-105

Parker, In re

Ruling: 
Court allowed pre-petition default interest as debtors had not demonstrated thatunconscionability was a defense to default interest under state law. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on December 19,2018, LexisNexis #0219-053

Casanova, In re

Ruling: 
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0119-098

Sheasley, In re--Sheasley v. Jenereski

Ruling: 
Debtor's motions to enforce the automatic stay against criminal cases denied as he did not show that prosecutor was pursuing criminal actions in bad faith or for purposes of harassment. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0119-088

Schmitt, In re

Ruling: 
Chapter 7 trustee's objection to debtor's exemption was overruled as debtor's transfer of fundsto satisfy bench warrant and avoid jail time occurred by operation of law. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0219-060

Pedersen, In re

Ruling: 
Claim was not entitled to priority as it arose as a result of the sale, transfer, or other disposition of the debtors' crop insurance policy. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0219-089

Fuhrman, In re--Fuhrman v. Wilmington Savings Fund Soc'y

Ruling: 
Debtor was not a bona fide purchaser of the subject property as he had constructive notice of the mortgage despite incorrect legal description. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on December 18,2018, LexisNexis #0119-097

Moody, In re--Neary v. Moody

Ruling: 
Debtor's discharge was denied for failure to keep records of his financial condition or business transactions and for making a false oath. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on December 17,2018, LexisNexis #0119-100

Moody, In re--Neary v. Moody

Ruling: 
Debtor's discharge was denied for failure to keep records of his financial condition or business transactions and for making a false oath. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on December 17,2018, LexisNexis #0119-100

Haag, In re--Wilson v. Henrichs Ins. Servs.

Ruling: 
Trustee's complaint failed to state a plausible claim that transferee was a statutory insider to debtors as there was no assertion that either debtor was a person in control of the transferee. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on December 17,2018, LexisNexis #0119-086

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