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.

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

Stroud, In re

Ruling: 
Trustee was not entitled to compensation as trustee's services did not rise to the level of providing any substantial benefit to the estate or to the creditors sufficient to warrant quantum meruit award. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-092

Packer, In re

Ruling: 
Debtors' amended motion for use of cash collateral denied as they failed to meet their burden of proof to demonstrate that the funds in the so-called "cash collateral account" constitute property of their estate or cash collateral. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-097

Yow, In re

Ruling: 
Court approved trustee's motion seeking authority to sell only the debtor's bare economic interests in the LLCs. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-098

Stiletto Mfg., In re

Ruling: 
Court held that there was no executory contract for the debtor to reject or assume where both the original agreement and the modified agreement were executed in the ordinary course of the debtor's business. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on July 19,2018, LexisNexis #0818-099

Baessler, In re--Dave v. Baessler

Ruling: 
Debt was excepted from discharge as debtor intentionally misrepresented that he was a licensed contractor and his of qualification led to faulty construction that required costly repairs. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-101

Glazing Health & Welfare Fund v. Lamek

Ruling: 
Employers are not fiduciaries under ERISA as to unpaid contributions to ERISA benefit plans. (9th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-102

Doane, In re--Doane v. Wells Fargo Bank, N.A.

Ruling: 
Dismissal with prejudice was warranted as debtor provided no facts to substantiate the libel and RICO claims. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-120

Lott, In re

Ruling: 
Debtor's commissions on insurance policy that she sold before she declared bankruptcy were part of her estate as they were earned prepetition and debtor was not required to perform personal services post-petition to receive those commissions. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-105

Isaacs, In re--Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

Ruling: 
Debtor had derivative standing to pursue a strong-arm claim as § 544(a) rights are granted anew each time the debtor files for bankruptcy. (6th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 18,2018, LexisNexis #0818-107

Mongelluzzi, In re--Welch v. Regions Bank

Ruling: 
Deposit transfers that were unrelated to the payment of overdrafts were not transfers subject to avoidance. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 18,2018, LexisNexis #0818-108

Syntax-Brillian Corp., In re

Ruling: 
Trustee authorized to destroy or otherwise dispose of the unnecessary books and records of the debtors and the trusts. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 18,2018, LexisNexis #0818-109

Fraser's Boiler Serv., In re

Ruling: 
Court approved settlement agreement that involved sale of insurance policies as the funding was essential to making debtor's plan work. (Bankr. W.D. Wash.)
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Commercial case opionion summary, case decided on July 18,2018, LexisNexis #0818-096

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