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.

Merchant, In re--Kohn v. Merchant

Ruling: 
Chapter 7 debtor's obligation pursuant to a $1 million promissory note to creditors wasexcepted from his discharge as debtor obtained the loan using a written statement thatcontained false representations. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-084

Landon, In re--Selma Dev., LLC v. Landon

Ruling: 
Debt was dischargeable where creditor's contention that debtor acted willfully, maliciously,or fraudulently was without merit. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-088

Fierro, In re--Fierro v. Yellen

Ruling: 
Debtors failed to state a bad faith claim as they failed to connect a specific bankruptcyprovision to conduct of creditor's state court counsel. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-051

Steed, In re--Steed v. Educ. Credit Mgmt. Corp.

Ruling: 
Motions to dismiss post-dismissal proceeding between debtor and other parties granted as itwas no longer a bankruptcy matter. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-070

Latira Shayonica Banks, In re--Gordon v. Wells Fargo Bank, N.A.

Ruling: 
Court deemed that trustee could recover damages for violation of the automatic stay (Bankr.N.D. Ga.)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-052

All Resort Grp., Inc., In re--Miller v. United States

Ruling: 
Sovereign immunity does not preclude the trustee from avoiding transfers to the IRSalthough trustees claim failed as payments were outside the two-year look back period.(Bankr. D. Utah)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-053

Derby, In re--Derby v. Portfolio Recovery Assocs., LLC

Ruling: 
Debtor entitled to attorney's fees due to defendant's filing of proofs of claim that it knewwere improper. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-072

Koleit, In re

Ruling: 
Debtor's motion for relief from dismissal denied where his argument in the motion that hewas eligible to be a Chapter 13 debtor was incorrect. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-054

Beal, In re--State Bank of S. Utah v. Beal

Ruling: 
Motion to extend denied where creditor's complaint was tardily filed and court found nobasis to extend the time to file it. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-073

Krisiak, In re

Ruling: 
Disgorgement of fee was warranted where bankruptcy counsel could not provide legalservices to complete Chapter 13 cases and assist debtors with post confirmation issues.(Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-055

People's Cmty. Health Ctrs., Inc., In re

Ruling: 
Extension of time for creditors’ proofs of claim allowed as there were no significant equitieson the side of the trustee. (Bankr. D. Md.)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-074

Bessey, In re

Ruling: 
Tardy debtor-filed claims on behalf of the IRS were not entitled to distribution and debtorfiled claims for post-petition taxes were disallowed. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-094

Vraney, In re--Aeschliman v. Vraney

Ruling: 
Debt was dischargeable as creditor failed to meet her burden of demonstrating that debtor hadcommitted fraud or misrepresentation. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0620-011

Steed, In re--GSRAN-Z, LLC v. Steed

Ruling: 
Loan servicer willfully violated the automatic stay by failing to stop the first notice, secondnotices, and May advertisement despite notice of reinstatement order. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-057

Zucaro, In re

Ruling: 
Debtors' motion for sanctions denied where creditor's default judgment against debtors wasstill in place at the time counsel represented the creditor and provided basis for proofs ofclaim. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-075

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