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 21,500 opinion summaries by keyword, relevant code section, court and judge. Opinion summaries are provided by our partner LexisNexis® Collier and are updated weekly.

McBride, In re--Doerner, Saunders, Daniel & Anderson, LLP v. McBride

Ruling: 
Debtor's motion to dismiss proceeding for denial of discharge where complaint statedplausible claims for misstatement of income and failure to keep adequate records. (Bankr. N.D.Okla.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-093

Smith, In re

Ruling: 
Property could not be recovered for the estate where debtor was divested of legal title to theproperty several months prior to the commencement of the bankruptcy case.. (Bankr. N.D.Miss.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-064

Freeland, In re

Ruling: 
Debtors awarded damages where creditor violated the stay by repeatedly calling the debtorsand sending bill for immediate payment. (Bankr. D. Or.)[1]-Creditor violated 11 U.S.C. § 362(a)(6) by repeatedly calling the debtors after they filed theirbankruptcy petition and by sending a bill asking for immediate payment; [2]-Because debtors wereentitled to the protection afforded by the automatic stay without harassment from the creditor, anddebtors provided evidence of emotional distress, an emotional distress damages award was warranted;[3]-Creditor's actions were willful because it appeared that the creditor, a large company, had receivedcorrect and robust notice of the debtors' bankruptcy and the motion and therefore could not blame itsfailure to timely stop collection efforts or to appear and address the motion on defective notice or service.Freeland, In re, 2020 Bankr. LEXIS 2174 (Bankr. D. Or. August 12, 2020) (Mckittrick, B.J.).
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-080

Hughes, In re

Ruling: 
Automatic stay lifted as debtor failed to make post-petition mortgage payments for more thantwo years with no intention of providing for the claim or the lien. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-055

Motors Liquidation Co., In re

Ruling: 
Motions to file late proofs of claim ten years after the bar date denied as plaintiffs failed toestablish excusable neglect. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-075

Landon, In re--Ford v. Landon

Ruling: 
Probate judgment did not provide sufficient evidence to satisfy the element of willfulness fordetermination of nondischargeability. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-061

Aerial Robotics, Inc., In re

Ruling: 
Chapter 11 plan was confirmed as it met all the necessary requirements, was feasible and notlikely to be followed by a liquidation. (Bankr. D. Utah)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-097

Gray, In re--Louisiana Workforce Comm'n v. Gray

Ruling: 
Creditor's motion seeking a judgment that debt owed by debtor was nondischargeable wasgranted as the debtor represented that he was unemployed even during periods he wasemployed and earning wages. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on August 10,2020, LexisNexis #0920-060

Dear, In re

Ruling: 
Debtor's motion for imposition of automatic stay in third case filed after two dismissals wasgranted where he filed the petition in good faith with clear and convincing evidence. (Bankr.D. Kan.)
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Consumer case opionion summary, case decided on August 10,2020, LexisNexis #0920-054

In re--Murray Oak Grove Coal, LLC v. Bay Point Capital Partners II, LP

Ruling: 
Court required application of the replacement-value standard as secured creditor's collateralwas not being surrendered to the creditor. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 08,2020, LexisNexis #0920-057

Khan, In re

Ruling: 
Fees the firm incurred in rendered legal service was reasonable, but the number of hours spentin seeking the court's approval was not. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on August 08,2020, LexisNexis #0920-051

Murray Metallurgical Coal Holdings, LLC, In re

Ruling: 
Creditor could not elect to treat its claim as fully secured where collateral was being soldunder the plan and forfeited any right it had to credit bid on the collateral alone when itconsented to the bidding procedures. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 08,2020, LexisNexis #0920-068

Glaspell, In re--Glaspell v. United States

Ruling: 
Debtor’s complaint for reimposition of the automatic stay denied and subrogation of creditor’sclaim against the estate was not available as debtor and the estate were not co-debtors. (Bankr.N.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on August 07,2020, LexisNexis #0920-058

Pike, In re

Ruling: 
Pre-petition obligations became claims against the debtor's estate upon a post-dischargeconversion from Chapter 7 to Chapter 13. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on August 07,2020, LexisNexis #0920-092

Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.

Ruling: 
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-065

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