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.

Williams, In re--Williams v. CitiFinancial Servicing LLC

Ruling: 
Motion to dismiss stay and discharge violation claims denied as creditor mortgage servicers’actions with regard to misapplied payments constitute violations of the discharge injunctionand automatic stay. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on January 24,2020, LexisNexis #0320-010

Reddy Ice Holdings, Inc., In re

Ruling: 
Debtor's attorneys could reopen case to determine post-confirmation trustee quarterly fees.(Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on January 23,2020, LexisNexis #0320-001

Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC

Ruling: 
Madoff trustee's motion to propose second amended complaint was denied as he failed toplead that defendants turned a blind eye to debtor's highly probable fraud. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on January 23,2020, LexisNexis #0320-017

Great Southern Golf Club, Inc., In re

Ruling: 
Court denied creditor's motion for stay relief as the actual value of the property was closer tothe debtor-in-possession's appraiser's valuation. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on January 23,2020, LexisNexis #0320-005

Shek, In re--Mass. Dep't of Revenue v. Shek

Ruling: 
District court properly held that income tax return debt was dischargeable absent a timelinessrequirement. (11th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on January 23,2020, LexisNexis #0320-006

Berkovich, In re

Ruling: 
Debtor's liabilities to state franchise tax board were not discharged due to failure to filerequired report or notice. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on January 23,2020, LexisNexis #0320-007

Watson, In re

Ruling: 
Private landlord who participated in Section 8 program was not a governmental unit and couldrevoke or choose not to renew debtor’s lease. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on January 23,2020, LexisNexis #0320-011

LSC Wind Down, LLC, In re--UMB Bank, N.A. v. Sun Capital Partners

Ruling: 
Motion to dismiss denied where plaintiff identified numerous unsecured creditors who didnot know the transfer or its fraudulent nature prior to the petition date. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 23,2020, LexisNexis #0320-014

Platinum Oilfield Servs., LLC, In re

Ruling: 
Owner of less than 51 percent of voting rights in debtor LLC could not file bankruptcy onbehalf of the LLC absent consent as required by operating agreement. (Bankr. E.D. Okla.)
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Commercial case opionion summary, case decided on January 22,2020, LexisNexis #0320-021

Unique Ventures Group, In re

Ruling: 
Franchise, contract, and intellectual property rights acquired by debtor from bankrupt entitywere property of debtor’s estate. (Bankr. W.D. Pa.)
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Commercial case opionion summary, case decided on January 22,2020, LexisNexis #0220-088

Davidson, In re--Trans Global Auto Logistics, Inc. v. Davidson

Ruling: 
Debt from the debtor's failure to perform on a construction contract was nondischargeable asthe elements of § 523(a)(2)(A) were established. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on January 22,2020, LexisNexis #0320-008

Ament, In re

Ruling: 
Debtor was ordered to amend the disclosure statement as it did not contain adequateinformation. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on January 21,2020, LexisNexis #0320-024

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