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.

Plichta, In re

Ruling: 
Dismissal was not warranted as neither the means test nor the totality of the circumstancesgave rise to a presumption of abuse. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on September 05,2018, LexisNexis #1018-080

Tribune Media Co., In re

Ruling: 
Bankruptcy court had statutory authority to decide on employee's employmentdiscrimination claims as he never objected to it during bankruptcy proceedings and insteadknowingly and voluntarily submitted to the court's jurisdiction. (3d Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on September 05,2018, LexisNexis #1018-084

C & M Invs. of High Point Inc., In re

Ruling: 
Claims dismissed as court did not have subject matter jurisdiction over claims regarding theassignment of intellectual property to LLC. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on September 04,2018, LexisNexis #1018-087

Duggan, In re

Ruling: 
Motion to proceed in forma pauperis denied where debtor had numerous continuancesscheduled to consider confirmation of her proposed chapter 13 plans and had failed to file therequired documents. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-089

New, In re--Dumitrache v. New

Ruling: 
Court concluded attorney's fees were domestic support obligations and debt was bothnondischargeable in bankruptcy and a priority claim that had to be paid in full over the lifeof the defendant's chapter 13 plan. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-076

Lane, In re

Ruling: 
Court granted debtor's motion for sanctions where creditors' actions in filing the secondadversary proceeding on issues that had been previously litigated amounted to frivolouslitigation tactics and constituted abuse of the bankruptcy process. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-061

Freeman, In re

Ruling: 
Court denied debtor's motion seeking sanctions against LLC as the confirmation order hadno effect on the LLC's lien or the debt secured by that lien. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-078

Wright, In re

Ruling: 
Court ordered attorney to disgorge value of fees LLC collected from debtors in cases wherehe used the LLC's billing service as he failed to inform the court about the arrangement withthe LLC. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-063

Randle, In re--Randle v. Saga Auto Sales, Inc.

Ruling: 
Debtors' claims for relief dismissed as they violated chapter 75 of the North Carolina generalstatutes and defendant did not fall within the federal debt collection practices act definitionof a debt collector. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-065

Buckeye Activewear, LLC, In re

Ruling: 
Motion to dismiss case was granted where alleged debtor demonstrated evidence that a bonafide dispute existed and petitioning creditor failed to satisfy the eligibility requirements.(Bankr. N.D. Ohio)
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Commercial case opionion summary, case decided on August 31,2018, LexisNexis #1018-062

Guevara, In re

Ruling: 
Motion for retroactive relief from stay granted where purchaser's lack of notice regardingdebtor's bankruptcy and payment of taxes consistent with the duties of a property owner bothweighed in favor of retroactive annulment of the automatic stay. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 31,2018, LexisNexis #1018-066

Lombard, In re--Browne v. Lombard

Ruling: 
Claims dismissed as the plaintiffs lacked standing to seek an order denying debtor's discharge for fraudulently false statements under oath. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on August 31,2018, LexisNexis #1018-054

Kenny, In re--Bryant v. Kenny

Ruling: 
Judgment debt could not be excepted from discharge where plaintiff failed to provejustifiable reliance as it required something more than a mere onetime oral conversation.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-072

Hunsaker v. United States

Ruling: 
Sovereign immunity did not preclude an award of emotional distress damages against the United States for willful violation of the bankruptcy code's automatic stay. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-031

Culp, In re

Ruling: 
Insurance proceeds received by debtors constituted property of the estate as the debtors were owners of the property and the insurance policy prepetition and were also beneficiaries under the policy. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-049

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