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.

Loyle, In re--Loyle v. United States Dep't of Educ.

Ruling: 
Debtors satisfied their burden to show that repaying current student debt in full would be anundue hardship. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on February 24,2022, LexisNexis #0422-041

Tex-Gas Holdings, In re

Ruling: 
Deed of trust was declared expunged and released as defendants did not have a lien or securedinterest in the plaintiff's property. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on February 24,2022, LexisNexis #0422-026

Case, In re--Rosen v. Case

Ruling: 
Motion to dismiss nondischargeability proceeding granted in part and denied in part. (Bankr.S.D. Fla.)
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Consumer case opionion summary, case decided on February 24,2022, LexisNexis #0422-060

JSAA Realty, LLC, In re

Ruling: 
Plan was confirmed as court found that debtor's proposed interest rate of 6% was fair andequitable with regard to the trust's secured claim. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on February 24,2022, LexisNexis #0422-046

Moore, In re

Ruling: 
Attorney was entitled to approval of his request of administrative expense fee for representingthe debtors during the Chapter 13 phase of their case as there had been no objections to thereasonableness of the request. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on February 24,2022, LexisNexis #0422-030

Emporia Prop. Grp., LLC, In re--Stolte v. Blue Consulting, LLC

Ruling: 
Motion to dismiss granted where complaint failed to allege a fraudulent concealment claimagainst defendants and failed to allege a claim for unjust enrichment as the complaintcontained nothing but a conclusory allegation of benefit. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on February 24,2022, LexisNexis #0422-036

Case, In re--F&F Invs. Grp. v. Case

Ruling: 
Creditor failed to sufficiently plead a nondischargeable debt for embezzlement as creditorrelied entirely on conclusory statements that were directly contradicted by the contractattached to the amended complaint. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-039

Smith, In re--Smith v. Meredith

Ruling: 
Court exercised its discretion to require attorney to disgorge his fees and expenses inconnection with the settlement as he failed to comply with the applicable provisions of thebankruptcy code and rules. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-027

Drake, In re

Ruling: 
Creditor's objection to debtor's plan overruled as debtor's current plan did not provide for aTill-determined rate on the remainder of the creditor's claim. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-048

Cosmos Granite Cent., In re--Cosmos Central Corp. v. ABTV Receivership Servs., LLC

Ruling: 
Bankruptcy court abstained from hearing and determining the case as the state court had along history with the case. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-049

Ironside, LLC, In re

Ruling: 
Bankruptcy court properly determined that assignee willfully violated the automatic staywhen it submitted a substitution order in another court to obtain control or possession of alawsuit in which the debtor had an interest. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-032

Martin, In re

Ruling: 
Chapter 7 case converted due to debtor's ability to pay more than half of their scheduledunsecured debt in a Chapter 13 case. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-068

Bernhard, In re--Bernhard v. Kull

Ruling: 
Debt was dischargeable where creditors failed to prove that the debtor knew he wasmisrepresenting his ability to grant of one of the creditors a security interest. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on February 22,2022, LexisNexis #0422-038

Florimonte, In re--Scranton Laminated Labels, Inc. v. Florimonte

Ruling: 
Issue preclusion did not apply in nondischargeability proceeding as the issue of willfulnesswas neither litigated nor determined by a final and valid judgment. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on February 22,2022, LexisNexis #0422-040

J & M Sales Inc., In re--Miller v. Fallas

Ruling: 
Trustee could not rely on the IRS as a predicate creditor for purposes of pursuing fraudulentconveyance claims beyond the four-year lookback period provided in state uniform fraudulenttransfer act. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 22,2022, LexisNexis #0422-042

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