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.

Cardoza, In re--Anaya v. Cardoza

Ruling: 
Debt was dischargeable where creditor failed to satisfy all elements necessary to establishwillful and malicious injury. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 28,2020, LexisNexis #0420-064

Sherwin Alumina Co., LLC, In re--Sherwin Pipeline, Inc. v. Sherwin Alumina Co., LLC

Ruling: 
Bankruptcy court approved a sale "free and clear" of encumbrances including the state’sinterest. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on February 27,2020, LexisNexis #0420-033

Worley & Obetz, In re

Ruling: 
Trustee's objections to certain proof of claim were overruled as the claims constituted"deposits" and were entitled to priority status. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on February 27,2020, LexisNexis #0420-035

Lane, In re--Lane v. Dean

Ruling: 
Equitable subordination of creditors' claim was appropriate where creditor continued topursue abusive litigation tactics all while refusing payment. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on February 27,2020, LexisNexis #0420-036

Via, In re

Ruling: 
Debtor was barred from filing bankruptcy for five years as he failed to abide by the orders ofthe court and intentionally and willfully failures to appear and prosecute any of his Chapter13 cases. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on February 27,2020, LexisNexis #0420-027

Reece, In re

Ruling: 
Fee reduction was warranted as creditors acknowledged fees and costs incurred to file andpursue the stay relief motion were incurred unnecessarily. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on February 26,2020, LexisNexis #0420-034

Koglman, In re

Ruling: 
Dismissal of debtor's Chapter 7 case for abuse was warranted because debtor understated hercurrent monthly income. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on February 26,2020, LexisNexis #0420-020

Cenk, In re--Cenk v. Cenk

Ruling: 
Debtor's motion to dismiss his Chapter 13 case granted due to inability to fund plan. (Bankr.W.D. Pa.)
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Consumer case opionion summary, case decided on February 26,2020, LexisNexis #0420-022

Frasier, In re

Ruling: 
Failure of a creditor to prevent a process server from serving a small claims complaint was nota willful violation of the stay as debtor failed to establish that creditor had notice of thebankruptcy. (Bankr. W.D. Wis.)
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Consumer case opionion summary, case decided on February 26,2020, LexisNexis #0420-009

Farwest Pump Co., In re

Ruling: 
Special counsel’s fees were awarded in a reduced amount as the services rendered werereasonably likely to benefit the estate but the counsel failed to keep contemporaneous timerecords. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on February 26,2020, LexisNexis #0420-028

Dvorkin, In re

Ruling: 
Creditor did not establish her nondischargeability claim where record did not support thatdebtor intended to deceive her. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on February 26,2020, LexisNexis #0420-014

PG&E Corp., In re

Ruling: 
Court granted motion for relief from stay to allow whistleblower claims to proceed in statecourt. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on February 25,2020, LexisNexis #0420-032

Rodriguez v. FDIC

Ruling: 
Federal courts should not have applied a federal common law rule to decide whether taxrefund was property of debtor bank’s estate or of the FDIC. (Supreme Court)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 25,2020, LexisNexis #0420-017

Gillis, In re

Ruling: 
Trustee was ordered to cease payments for services rendered by attorney who was suspendedfrom practice. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on February 25,2020, LexisNexis #0420-005

Moon, In re

Ruling: 
Creditor willfully violated automatic stay as debtors received multiple account information ormortgage statements from creditor after they filed their petition. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on February 25,2020, LexisNexis #0420-056

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