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.

Sixty One Sixty, LLC, In re

Ruling: 
Award of sanctions was not warranted as the court did not find that the debtor and itsmembers knew, or reasonably believed, that they were filing the petition for an improperpurpose. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on April 11,2018, LexisNexis #0518-088

Tabor, In re

Ruling: 
Court granted motion for sanctions against debtor's counsel as the face of the schedulesproved debtor was not eligible for chapter 13 relief. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 11,2018, LexisNexis #0518-062

Clinical Pet of Ocala, LLC, In re

Ruling: 
Court ruled that termination of debtor's use of cash collateral was appropriate as it failed tomake adequate protection payments. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on April 10,2018, LexisNexis #0518-071

Abengoa Bioenergy Biomass of Kansas, LLC, In re

Ruling: 
Court approved compromises as they were within the range of reasonableness, fair, andequitable. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on April 10,2018, LexisNexis #0518-089

Quiroz, In re--Quiroz v. United States

Ruling: 
Debt to the IRS was excepted from discharge where IRS failed to prove that debtor willfullyattempted to evade his payment. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-074

Randall, In re

Ruling: 
Debtors were required to pay the six percent interest on the DSO claims where the DSOdefinition provided an explicit inclusion of interest. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-061

BMT-NW Acquisition, LLC, In re--Stanziale v. Brown-Minneapolis Tank ULC, LLC

Ruling: 
Motion to dismiss fraudulent transfer claim denied in part as trustee pled sufficient facts toshow that debtor received less than reasonably equivalent value for the transfers. (Bankr. D.Del.)
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Commercial case opionion summary, case decided on April 10,2018, LexisNexis #0518-077

Keener, In re

Ruling: 
Creditor's motion to convert was granted where debtor failed to file a disclosure statement orplan within the time fixed by order of the court. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-081

Carr, In re

Ruling: 
Fee applications denied as the attorneys failed to sign and file with the court theirunderstandings that they had with the debtor regarding the mariner in which their paymentwould be made under the plan. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-066

Malek, In re

Ruling: 
Debtor's motion to dismiss denied and case converted to chapter 7 after failing to sellproperties within the marketing period as required by the plan. (Bankr. D. Mont.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-084

Williams, In re

Ruling: 
Court sustained creditor's objection to confirmation as the plan proposed to pay the creditora lesser amount until debtor's attorney's fees were paid in full. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-085

Spectrum Healthcare LLC, In re

Ruling: 
Court granted debtor's motion to wind-down and cease to operate a nursing home facility.(Bankr. D. Conn.)
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Commercial case opionion summary, case decided on April 09,2018, LexisNexis #0518-070

Adams, In re

Ruling: 
Court overruled debtor's objection to SSA's proof of claim as his belief that his income for one month should not have been considered because he was within a trial work period did not rise to the level of a substantial factual basis sufficient to overcome the presumption of validity. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on April 09,2018, LexisNexis #0518-119

Austin, In re--United States v. Austin

Ruling: 
Appellate panel reversed bankruptcy court's order sustaining debtors' objection to the IRS'sproof of claim after debtors failed to present substantial evidence sufficient to overcome thepresumption of the validity and amount of the IRS's proof of claim. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 09,2018, LexisNexis #0518-073

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