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.

Rhoads, In re

Ruling: 
Court denied trustee's attorneys'' requests for fees relating to services that did not benefit the debtor's estate. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on December 06,2018, LexisNexis #0219-075

Redington, In re

Ruling: 
Fees reduced as attorney should not have charged debtor for mistakes she made or for itemsthat were unnecessary. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on December 06,2018, LexisNexis #0119-063

Lum Lung, In re

Ruling: 
Motion for retroactive relief from stay was granted where homeowners association willfully violated the automatic stay by proceeding with foreclosure of its assessment lien. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on December 06,2018, LexisNexis #0119-033

Kinney, In re--Kinney v. Nat’l Collegiate Master Student Loan Trust I

Ruling: 
Debtor's cosigner obligation on his niece's student loans was discharged as any monthly loanpayment on the loans would result in undue hardship. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on December 05,2018, LexisNexis #0119-077

Carrasquillo, In re

Ruling: 
Debtor's attorney's allowed fees were limited to $3,000 as the provisions regardingcompensation for the services rendered by debtor's counsel were incorporated in theconfirmation order. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on December 05,2018, LexisNexis #0119-064

Painter, In re

Ruling: 
Debtor may claim as exempt monies held in an IRA to the extent that those funds were in a fund or account that was exempt from taxation. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on December 05,2018, LexisNexis #0119-093

McCray, In re

Ruling: 
Motion to compel turnover of property of the estate was denied as trustee failed to file an adversary proceeding for turnover of property and money as required by Bankruptcy Rule 7001(1). (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-059

Twyford, In re--Am. Nat’l Bank v. Twyford

Ruling: 
Motion to dismiss denied as the debtor was liable for the alleged injury and misconduct because he was alleged to have sold or disposed of the bank's collateral without the bank's permission and without paying the bank. (Bankr. E.D. Okla.)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-040

Kiley, In re

Ruling: 
Debtor's interest in her ex-husband's retirement plan as a survivor beneficiary was excludedfrom property of the estate as it was subject to ERISA's anti-alienation provisions. (Bankr. D.Utah)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-016

Sterman, In re

Ruling: 
Transfers to or for the benefit of debtors' daughters after they reached the age of 21 for collegetuition and related expenses were avoidable as constructive fraudulent transfers if the debtorswere insolvent at the times the transfers were made. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-019

Beard, In re--United States Trustee v. Beard

Ruling: 
Trustees were not entitled to a denial of discharge where evidence failed to establish thatdebtor made the transfer with the actual intent to defraud a creditor or her bankruptcy estate.(Bankr. E.D. Ark.)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-023

Wigger, In re--Bruinsma v. Wigger

Ruling: 
Debt deemed nondischargeable as debtor's son misused a durable power of attorney thedebtor gave him to withdraw from the debtor's IRA for his own use. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-074

Brownlee, In re--Kelley v. First Cmty. Bank

Ruling: 
Transfer of a judicial lien on real property was avoidable as acquisition occurred within the look-back period. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-044

Garzon, In re

Ruling: 
Confirmation denied as debtor did not file case or propose his plan in good faith where his conduct leading up to the case and in the case itself made that clear. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-050

Smith, In re

Ruling: 
Debtor's chapter 13 plan was denied as debtor proposed to cram down the interest rate he was paying on a debt from an oversecured creditor as of the date he declared bankruptcy instead of the date his plan was confirmed. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-051

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