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.

Shelton, In re

Ruling: 
Confirmation of plan denied as the payment structure of the debtor's "step" plan was not proposed in good faith. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-114

Rakay, In re--Roettger v. Rakay

Ruling: 
Court found that a portion of an award was nondischargeable due to the preclusive effect of the arbitrator's findings regarding the fraudulent conveyance of two vehicles. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-099

Kearney, In re

Ruling: 
Court concluded that it would be fair and reasonable to give counsel access to the produced realty company documents. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-118

First River Energy, LLC, In re

Ruling: 
Debtor's counsel's first interim fee application was denied in part as fees associated with the filing were not reasonable and necessary because those services only benefited debtor's board and its officers. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on September 13,2018, LexisNexis #1018-094

First River Energy, LLC, In re

Ruling: 
Financial advisor's first and final application for allowance of compensation was granted in part where court found that the tasks performed were consistent with the scope of work authorized under the retention order. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on September 13,2018, LexisNexis #1018-095

McMaken, In re

Ruling: 
Debtor's objection to his former employer's proof of claim was sustained as the former employer failed to meet its burden to prove that trustee was its fiduciary. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on September 13,2018, LexisNexis #1018-097

Blue Global, LLC, In re--Yoo v. Zeta Interactive

Ruling: 
Payments made by debtor were exempt from avoidance as the trustee failed to establish that the payments were not made in the ordinary course of business or according to ordinary business terms within the affiliate marketing industry. (Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on September 12,2018, LexisNexis #1018-104

Green Field Energy Servs., In re--Halperin v. Moreno

Ruling: 
Trustee could not recover any portion of preferential transfers from debtor's CEO as he failed to establish that he was an ultimate beneficiary where there was no evidence that CEO received an actual benefit from the transfers or that he had access to the transfers. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on September 12,2018, LexisNexis #1018-105

Sirico, In re--Schott v. Sirico

Ruling: 
Court held debtors were not entitled to a discharge where they made false oaths and accounts based on omissions from their statement of financial affairs and schedules. (Bankr. M.D. La.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-107

Hayes, In re--McDermott v. Hauwanga

Ruling: 
Court imposed fines on bankruptcy petition preparer as he failed to file a fee disclosure statement, filed inaccurate fee disclosures, and failed to list identifying information on motions to withdraw case. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-092

Railyard Co., LLC, In re

Ruling: 
Members of an LLC lacked standing as parties in interest to defend their LLC's claim as only the LLC, not the members, had a claim to debtor's estate. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on September 12,2018, LexisNexis #1018-108

Osage Water Co., In re--Williams v. Hancock Constr. Co.

Ruling: 
Order of revival for the fourth judgment entered after the bankruptcy filing was void ab initio as it was a violation of automatic stay and was not entitled to the protection of the Rooker-Feldman doctrine. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on September 12,2018, LexisNexis #1018-096

Malek, In re

Ruling: 
Trustee's motion to dismiss the debtor's case granted where debtor failed without justification to promptly resolve the trustee's objection to confirmation of her plan and the delay was prejudicial to her creditors. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-113

Hoskins, In re

Ruling: 
Chapter 13 debtor's plan was not proposed in good faith as court believed that a good faith plan would include a proposal to pay the creditor 12% interest on its secured claim and would condition confirmation of an amended plan on that rate. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-115

Smith, In re--Smith v. Citizens Fin. Grp., Inc.

Ruling: 
Bankruptcy court abstained from hearing complaint where it could not determine whether res judicata applied and a ruling on the merits would disturb the prior state court judgment regardless of the applicability of the Rooker-Feldman doctrine. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-117

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