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.

Boston Grand Prix, LLC, In re--Cruickshank v. Casey

Ruling: 
Trustee was entitled to recover for fraudulent transfers as the principal caused the LLC topay to him funds that served no business purpose. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-015

Smith, In re--Husted v. Smith

Ruling: 
Court held that debtor wife's 50 percent of ownership of company and her transfers ofcompany funds to pay household accounts did not justify the failure to maintain records.(Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-016

Coughlin, In re

Ruling: 
Motions to enforce stay dismissed as 11 U.S.C §§ 106 and 101(27) lacked the requisite clarityof intent to abrogate tribal sovereign immunity. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-001

United Tax Grp., LLC, In re

Ruling: 
Removal of the trustee was denied as the court could not conclude that the trustee’sstatements were false and made with intent to deceive the court as alleged. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-002

Cook & Sons Mining, Inc., In re

Ruling: 
Special counsel was not entitled to a contingent fee on a contract-based reimbursement ofunearned premiums for insurance coverage as his work had nothing to do with a contractbased recovery. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-003

Serendipity Labs, Inc., In re--Hall L.A. WTS, LLC v. Serendipity Labs, Inc.

Ruling: 
Debtor's Subchapter V election was revoked because a publicly traded company held morethan 20% of debtor's voting shares. (Bankr. N.D. Ga.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-098

West Pace, LLC, In re

Ruling: 
Creditor was entitled to relief from the automatic stay as the court concluded that debtor'spetition was not filed in good faith. (Bankr. M.D. Ala.)
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Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-004

Barretto, In re--Darienzo v. Barretto

Ruling: 
Debt was dischargeable in bankruptcy as creditor failed to prove that he advanced themoney to the debtor or that the debtor made any misrepresentations. (Bankr. D. Haw.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on October 16,2020, LexisNexis #1220-009

Waters Retail TPA, LLC, In re

Ruling: 
Best interest test of § 1129(a)(7) was satisfied as confirmation of the plan provided eachrejecting creditor and interest holder with a recovery that was not less than such holderwould receive in a Chapter 7 liquidation of debtors' assets. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on October 16,2020, LexisNexis #1220-018

Ellingsworth Residential Cmty. Ass’n, In re

Ruling: 
Subchapter V plan confirmed as fair and equitable where there was a high likelihood thedebtor would make payments and the plan provided adequate protection to creditors.(Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on October 16,2020, LexisNexis #1220-019

Whitfield, In re

Ruling: 
Motion to modify the debtor's Chapter 13 plan was allowed as trust proceeds receivedfollowing death of debtor’s mother were properly included in the bankruptcy estate. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on October 16,2020, LexisNexis #1220-021

Maniscalco, In re

Ruling: 
Denial of discharge denied as creditor failed to prove that debtor knowingly and fraudulentlymisstated the value of his equity interest as alleged in Count II of the complaint so as toconstitute a false oath. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1120-92

Twiford Enters., In re--Twiford Enters. v. Rolling Hills Bank & Trust

Ruling: 
Bankruptcy court did not err in awarding post-judgment interest to creditor bank. (B.A.P.10th Cir.)
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Commercial case opionion summary, case decided on October 15,2020, LexisNexis #1220-008

Patel, In re

Ruling: 
Case ordered converted to Chapter 7 in the best interests of creditors as there were multiplematerial defaults under the confirmed plan. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1220-017

Mendenhall, In re--Mendenhall v. Navient Corp.

Ruling: 
Partial discharge of student loan debt was warranted as debtor's current inability to pay theentire amount of the loans would persist in the future and he demonstrated a good faith effortto repay the loans. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1120-89

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