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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.

Long, In re

Ruling: 
Trustee's objection to plan confirmation based on debtors' failure to file tax returns wasoverruled as returns were not due to be filed with the IRS until after the date on which themeeting of creditors was first scheduled to be held. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on July 22,2019, LexisNexis #0919-073

Finlay, In re

Ruling: 
Debtor's liability for victim's death excepted from discharge where debtor's conduct instriking the victim in the head was both willful and malicious. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on July 22,2019, LexisNexis #0919-061

New Eng. Confectionary Co., In re

Ruling: 
Motion to dismiss denied where trustee had standing to assert a mere instrumentality claimunder 11 U.S.C. § 544(a)(1). (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on July 19,2019, LexisNexis #0919-039

Oboma, In re--Oboma v. Town of Haddam

Ruling: 
A debtor may strip a lien even if not entitled to a discharge. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on July 19,2019, LexisNexis #0919-057

Queen, In re

Ruling: 
Court affirmed the bankruptcy court's order for summary judgment in favor of debtors as theissue was not before the bankruptcy court and afforded no basis for the instant appeal. (B.A.P.8th Cir.)
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Consumer case opionion summary, case decided on July 19,2019, LexisNexis #0919-033

Hanna, In re

Ruling: 
Debtor's guaranty obligation to his company's creditor was nondischargeable based on falsemisrepresentations and false pretenses as debtor immediately used the loan proceeds to paypayroll and various personal expenses. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 19,2019, LexisNexis #0919-060

Collum, In re--Collum v. E. Ala. Med. Ctr.

Ruling: 
Creditor violated the stay where debtor provided evidence to creditor that he was inbankruptcy and creditor failed to take appropriate remedial steps. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on July 18,2019, LexisNexis #0919-053

Tronox, In re--Waleski v. Montgomery, McCracken, Walker & Rhoads, LLP

Ruling: 
Mandatory abstention was inapplicable to a legal malpractice proceeding as dispute betweenparties did not exist outside of the bankruptcy cases. (Bankr. S.D.N.Y.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 18,2019, LexisNexis #0919-074

Marusak, In re

Ruling: 
Motion for abstention denied as debtor failed to meet his burden for obtaining extraordinaryrelief. (Bankr. E.D. Okla.)
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Consumer case opionion summary, case decided on July 17,2019, LexisNexis #0919-027

Rosenblum, In re

Ruling: 
Court could not issue an order excepting debtor's ex-wife's efforts from the automatic stay asthe appropriate means was to request relief from stay for cause. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on July 17,2019, LexisNexis #0919-030

Gaulsh, In re

Ruling: 
Debtor was not entitled to recovery of surplus from Department of Taxation and Finance claimunless and until all timely and untimely claims were paid in full with interest. (Bankr.S.D.N.Y.)
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Consumer case opionion summary, case decided on July 17,2019, LexisNexis #0919-032

Cranberry Growers Coop. v. Layng

Ruling: 
Payments by the debtor's customers to the creditor constituted disbursements for the purposeof assessing fees to the bankruptcy trustee. (7th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 17,2019, LexisNexis #0919-048

Elms, In re

Ruling: 
Funds held by Chapter 13 trustee were required to be distributed to debtors followingdismissal of six post-confirmation Chapter 13 cases. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on July 16,2019, LexisNexis #0919-052

Parkland Props., In re

Ruling: 
Court found that creditor did not violate the reorganization plan or the confirmation orderwhen it successfully bid on a certain real property and did not sell it to the reorganized debtor.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on July 16,2019, LexisNexis #0919-044

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