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.

Haag, In re--Wilson v. Henrichs Ins. Servs.

Ruling: 
Trustee's complaint failed to state a plausible claim that transferee was a statutory insider to debtors as there was no assertion that either debtor was a person in control of the transferee. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on December 17,2018, LexisNexis #0119-086

Martinez, In re

Ruling: 
Court reduced attorneys' fees as it was not a reasonable fee for a large law firm that regularlyperformed tasks for lenders such as preparing and filing a proof of claim and reviewing plan.(Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on December 17,2018, LexisNexis #0219-058

Howard, In re--Westenhoefer v. Vanderbilt Mortg. & Fin., Inc.

Ruling: 
Trustee was not entitled to avoid creditor’s lien on debtor's manufactured home as the creditorhad already perfected the lien. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0219-063

Williams, In re--Rosado v. Williams

Ruling: 
Debt discharged as there was no showing that debtor's representation that he would pay off the second mortgage on a home he sold to the creditor was a knowing and fraudulent falsehood. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-095

Conley, In re--United States Tr. v. Conley

Ruling: 
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-098

Traylor, In re

Ruling: 
Debtor's motion to vacate dismissal was denied as debtor has not given sufficient information or facts to establish "exceptional circumstances" or that absent relief, debtor will suffer an "extreme" or "unexpected" hardship. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0219-043

A C Car & Home, In re

Ruling: 
Mandatory abstention was warranted as issues raised were non-core proceeding and thematter could be timely adjudicated by the superior court. (Bankr. D.D.C.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on December 14,2018, LexisNexis #0219-020

Conley, In re--United States Tr. v. Conley

Ruling: 
Motion to dismiss complaint objecting to discharge was granted as the debtors likely did not act with the fraudulent intent required for the court to deny their discharge. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-099

Skubal, In re

Ruling: 
Court disallowed legal fees charged to the bankruptcy estate to defend a dischargeable credit card claim as the trustee improperly took on the role of "defending" the claim. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-091

Dietrich, In re--Lehigh Valley Hosp. v. Dietrich

Ruling: 
Debt was nondischargeable as debtor acted wrongfully and maliciously when he spent the insurance proceeds he received for his hospital bills. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-094

Bell, In re

Ruling: 
Bankruptcy court did not err in applying issue preclusion to district court's fraud judgment,resulting in its determination that the debt owed to the judgment creditor was nondischargeable.(B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-075

Doss, In re--Doss v. Norhardt Crossing Condo. Ass’n

Ruling: 
Court granted motion for sanctions as pre-filing inquiry would have revealed the futility ofthe debtor's cause of action. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0219-024

Gasson, In re--Premier Capital, LLC v. Gasson

Ruling: 
Debtor's discharge was denied as he concealed his interest in a business he created with the intent to effectively shield his assets from the reach of his creditors. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-101

Angeron, In re

Ruling: 
Court could not confirm plan as the new value proposed was not reasonably equivalent to the scheduled value of the property to be retained. (Bankr. E.D. La.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-104

Hanna, In re--Hanna v. Compass Bank

Ruling: 
Case dismissed as it did not significantly have an effect on the efficient administration of debtor's chapter 13 estate. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-108

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