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.

Walker, In re--Minn. Dep't of Empl. & Econ. Dev. v. Walker

Ruling: 
Debt excepted from discharge as debtor failed to disclose the fact that he was employedduring the periods that he claimed and received unemployment benefits. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on May 17,2018, LexisNexis #0618-074

Simmons, In re

Ruling: 
Debtors were eligible to file a joint chapter 13 bankruptcy case as they were substantively ina state of marriage with one another under Illinois law. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on May 17,2018, LexisNexis #0618-061

Maxton, In re

Ruling: 
Court deferred granting motion to dismiss debtor's case for abuse after he failed to includemeal and travel allowances, a lump sum payout, and corporate profit share in his currentmonthly income. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-079

Montemurro, In re

Ruling: 
Law firm's application for compensation could not be approved in full due to improper timeincrements, duplication of services, and entries that appear to be lumping. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-064

Windy Butte Reclamation Facility, LLC, In re

Ruling: 
Court concluded that the § 330(a)(7) commission approach to trustee compensation was notapplicable as prepetition unsecured creditors will enjoy no meaningful financial benefit fromher services. (Bankr. D. Mont.)
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Commercial case opionion summary, case decided on May 16,2018, LexisNexis #0618-065

Novinda Corp., In re--Minerals Techs., Inc. v. Novinda Corp.

Ruling: 
Appellate panel affirmed the bankruptcy court's decision confirming the debtor's plan asthere was no evidence that the treatment of the creditors under the amended plan constitutedunfair discrimination. (B.A.P. 10th Cir.)
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Commercial case opionion summary, case decided on May 16,2018, LexisNexis #0618-082

Burton, In re

Ruling: 
Value of debtor's vehicle should be the price a retail merchant would charge for property of that kind considering the age and condition of the property as debtor's intended use was personal. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-100

Bush, In re--Wood v. Bush

Ruling: 
Creditor failed to show that debt was nondischargeable as there was no evidence that debtorobtained his loans by false pretense, false representation, or actual fraud. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-073

Gray, In re--Gray v. Nussbeck

Ruling: 
Creditor violated the discharge injunction and was liable for contempt where creditorinitially included a discharged debt as part of an agreement he later sued debtor forbreaching. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-076

Trs. of Conneaut Lake Park, Inc. v. Park Restoration, LLC (In re Trs. of Conneaut Lake Park, Inc.)

Ruling: 
Court granted the motion to enforce as creditor's post confirmation lawsuit constituted a claimin bankruptcy and was subject to the discharge injunction where the claims arose well beforeplan confirmation. (Bankr. W.D. Pa.)
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Commercial case opionion summary, case decided on May 15,2018, LexisNexis #0618-084

Dahlin, In re--Dahlin v. Dahlin

Ruling: 
Motion for summary judgment granted in part where debtor was estopped from assertingcertain claims against her ex-husband when she failed to disclose potential causes of actionin her bankruptcy schedules. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on May 15,2018, LexisNexis #0618-071

Davis, In re--Davis v. Nasuti

Ruling: 
Debtors' motion denied as the pre-petition insertion of a pelvic mesh sling for debtor wifewas property of the estate even though debtors did not discover the claim until after filing forbankruptcy. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 15,2018, LexisNexis #0618-077

Labovitz, In re--Labovitz v. IRS

Ruling: 
Extension of the co-debtor stay to tax debt was not plausible as income tax debt was notconsumer debt for purposes of the co-debtor stay. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on May 14,2018, LexisNexis #0718-086

Diaz, In re

Ruling: 
Trustee's objection to debtor's plan granted where court ruled that tax refunds are disposableincome and must be turned over to trustee. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on May 14,2018, LexisNexis #0618-086

Alabama, In re--Mississippi Farm, Inc.--Reach Inc. v. Smith

Ruling: 
Trustee granted judgment on partial findings as creditor was not entitled to injunctive reliefwhere the auction and sale of the property had concluded and the order approving the motionfor confirmation of sale was final and non-appealable. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on May 14,2018, LexisNexis #0618-089

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