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.

Horned Dorset Primavera, Inc., In re

Ruling: 
Corporation that owned real property violated the automatic when it filed the "Instancia" bywhich it requested the property registrar to alter the ranks of the liens and subordinate thedebtor's deed of usufruct. (Bankr. D.P.R.)
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Commercial case opionion summary, case decided on July 27,2018, LexisNexis #0918-004

Gamble, In re--Pinnacle Agric. Distrib. v. Gamble

Ruling: 
Discharge was warranted as there was no evidence that debtor intentionally concealed ortransferred property with the intent to defraud creditor. (Bankr. E.D. Okla.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-020

John P., In re--Customers Bank v. John P.

Ruling: 
Motion to dismiss was granted in part as creditor failed to allege in detail debtors’ intent inmaking an allegedly fraudulent statement. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-021

Madoff, In re--Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC

Ruling: 
Court sustained trustee's determination of the claims at zero as the claimant waived anyobjection to the treatment of "PW" transactions in the LLC's accounts as cash withdrawals.(Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-007

Morse, In re--Estate of Rossi v. Morse

Ruling: 
Debt excepted from discharge as debtor willfully and maliciously converted trust funds toher own use. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-010

Abell, In re--Conner, Inc. v. Abell

Ruling: 
Debt could not be excepted from discharge as creditor failed to establish misrepresentation.(Bankr. D. Md.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-011

Sherman, In re--Maljamar Fuel Stop, LLC v. Sherman

Ruling: 
Creditor was entitled to a nondischargeable debt after establishing all the required elementsof nondischargeability for debt obtained by fraud. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-012

Bukovics, In re--Bukovics v. Navient

Ruling: 
Student loan debt deemed nondischargeable as debtor failed to show that paying the debtwould impose undue hardship on her. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-014

Capps, In re--Cybertron Int'l, Inc. v. Capps

Ruling: 
Liabilities for acts committed postpetition may be pursued as the restrictive covenantobligations were not claims in debtor's bankruptcy and were not discharged. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-016

Thiel, In re--Velde v. Thiel

Ruling: 
Court did not commit clear error in revoking debtor's discharge for failing to surrenderfederal and state income tax returns to the trustee. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-022

Caudill, In re

Ruling: 
Court held that debtors' home was worth $49,600 and that creditor's expert opinion as to thedimensions of the property for purposes of finding the appropriate value under § 506(a) wasconsistent and credible. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-026

Topfer, In re--Topfer v. Topfer

Ruling: 
Limited relief from the automatic stay was granted to debtor's wife where court permissivelyabstained from hearing the divorce action and remanded the matter to the state court to allowit to determine matrimonial issues. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-027

Wrightwood Guest Ranch, LLC, In re--Reid & Hellyer, APC v. Laski

Ruling: 
Bankruptcy court did not err in approving the settlement agreement where law firms failedto explicitly object to the settlement or entered an appearance. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 25,2018, LexisNexis #0918-030

Homaidan, In re--Homaidan v. SLM Corp.

Ruling: 
Court denied creditors' motion to compel arbitration as creditor violated § 524 when theydemanded payment from the debtor when debts were not student loans and had beendischarged. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-015

Groth, In re

Ruling: 
Trustee's objection to confirmation sustained where debtor's homeowners' association dueswere not justified by special circumstances and her lack of a reasonable alternative to payingthose dues did not allow her to deduct them. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-019

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