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.

Snedeker, In re--Snedeker v. PYOD, LLC

Ruling: 
Objection to claim sustained where claimant did not meet its burden of persuasion when it failed to produce the original documentation with the debtor's signature. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-006

Dille Family Trust, In re

Ruling: 
Court ruled it was appropriate to appoint a chapter 11 trustee given the items of cause thecourt listed and the acrimony and pervasive litigation that has consumed the case. (Bankr. W.D.Pa.)
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Commercial case opionion summary, case decided on July 25,2018, LexisNexis #0918-023

La Paloma Generating, Co., In re

Ruling: 
Tax dispute was dismissed because of California State Board of Equalization's immunityfrom suit in federal court as established by the Eleventh Amendment. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 25,2018, LexisNexis #0918-008

Roggenbuck, In re--Roggenbuck v. SSA

Ruling: 
Overpayment claim not excepted from discharge as the SSA was unable to show it justifiablyrelied on the incomplete income information the debtor provided during the time theoverpayments were made. (Bankr. D.S.D.)
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Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-013

Sanchez, In re--Sanchez v. Wells Fargo, N.A.

Ruling: 
Motion to extend time to file notice of appeal was denied as the busy schedule of a party'scounsel did not constitute excusable neglect. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-029

Hunt, In re

Ruling: 
Court dismissed involuntary petition as the sole petitioning creditor did not meet thestatutory requirements. (Bankr. E.D. La.)
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Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-001

Ludkowski, In re

Ruling: 
Continuation of collection suit after conversion of the case from one under chapter 7 to oneunder chapter 13 on its face violated the in personam stay. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-002

Maximus III Props., LLC, In re

Ruling: 
Objection to claim sustained where claimant did not meet its burden of persuasion when itfailed to produce the original documentation with the debtor's signature. (Bankr. M.D. Pa.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 24,2018, LexisNexis #0918-005

Charleston Assocs., LLC, In re

Ruling: 
Conversion of case to chapter 7 was denied as conversion would not produce assets fordistribution. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on July 24,2018, LexisNexis #0918-024

Carmicle, In re--Brown Jordan Int'l, Inc. v. Carmicle

Ruling: 
District court’s award of punitive damages and attorneys’ fees nondischargeable as actions inviolation of the Stored Communications Act constituted larceny. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-009

Daughtrey, In re--Daughtrey v. Rivera

Ruling: 
Debtors' motion to convert chapter 7 case was properly denied as cause existed where there isa continuing diminution of estate, absence of likelihood of rehabilitation, and inability toeffectuate substantial consummation of a confirmed plan. (11th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-025

Foistner, In re--Shelzi v. Foistner

Ruling: 
Motion to dismiss denied in part as creditor alleged a plausible fraud claim where funds contributed to an LLC at the debtor's request were fraudulently obtained. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-100

Monahan, In re--Monahan v. Fore River, L.L.C.

Ruling: 
Defendant's mortgage was wholly unsecured and was stripped off as the first mortgage exceeded the property's value. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-116

Brizinova, In re--Geltzer v. Soshkin

Ruling: 
Trustee's claim for relief dismissed as he failed to establish that post-petition sale proceeds were property of the estate. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-106

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