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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.

Kamen, In re--Fox v. Kamen

Ruling: 
Discharge denied as debtor failed to disclose that a third party held funds that belonged to hisbankruptcy estate. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on July 16,2019, LexisNexis #0919-069

Todd, In re

Ruling: 
Motion to dismiss was due to be granted where trustee failed to show that there was a waiverof the statute of limitations defense. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on July 15,2019, LexisNexis #0919-038

Ellison, In re

Ruling: 
Discharge was denied for debtor's false oaths and reckless indifference to the accuracy ofinformation that he provided to the court. (Bankr. W.D. Ark.)
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Consumer case opionion summary, case decided on July 15,2019, LexisNexis #0919-042

Rosenblum, In re

Ruling: 
Approval of debtor's disclosure statement regarding debtor's plan of reorganization wasdenied as the disclosures were deficient in their accuracy and sufficiency. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on July 15,2019, LexisNexis #0919-043

Winters, In re

Ruling: 
Postponing creditor's non-judicial foreclosure sale was not a sanctionable violation of theautomatic stay as it merely maintained the status quo. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on July 15,2019, LexisNexis #0919-029

Ebackpack, In re

Ruling: 
Creditor lacked standing to bring involuntary case against the alleged debtor as a bona fidedispute existed as to the claims. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on July 12,2019, LexisNexis #0919-026

Frankl, In re--Combined Res. Interior, Inc. v. Frankl

Ruling: 
No extraordinarily circumstances warranted equitable tolling of the 60-day period as creditorfailed to establish that it acted with reasonable diligence in prosecuting the non-dischargeability action. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Frankl, In re--Combined Res. Interior, Inc. v. Frankl. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 11,2019, LexisNexis #0919-034

Jadeco Constr. Corp., In re--Pryor v. Town of Smithtown

Ruling: 
Trustee's fraudulent conveyance claim was not subject to dismissal where trustee did not seekto overturn the contract decision but sought to recover the value of labor and materials debtorsupplied to a town. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on July 10,2019, LexisNexis #0919-037

Chi. Mgmt. Consulting Grp., In re--Fox v. Hathaway

Ruling: 
Bankruptcy court judgment affirmed as it was justified that the debtor was insolvent, transfersto the transferee were gratuitous, and the debtor had creditors under the Bankruptcy Act. (7thCir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 10,2019, LexisNexis #0919-040

Martin, In re--Hunter v. Martin

Ruling: 
Debt was excepted from discharge as debtor sold the collateral vehicle to a mechanic andfailed to inform the creditor of the sale. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on July 10,2019, LexisNexis #0919-009

Smith, In re

Ruling: 
Debt excepted from discharge where debtor caused willful and malicious injury when heformed a competing company by taking employees and customers from his former employer.(Bankr. D. Utah)
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Consumer case opionion summary, case decided on July 10,2019, LexisNexis #0919-011

Motors Liquidation Co., In re

Ruling: 
Court held that the new company could not be liable for punitive damages based solely ondebtor's conduct under a successor liability theory. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 10,2019, LexisNexis #0919-031

Battaglia, In re--Battaglia v. Bank of N.Y. Mellon

Ruling: 
Post-petition foreclosure on property that was not property of the estate on the petition datedid not violate the automatic stay. (Bankr. E.D. Cal.)
ABI Membership is required to access the full summary of Battaglia, In re--Battaglia v. Bank of N.Y. Mellon. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 09,2019, LexisNexis #0919-005

Harms, In re--Harms v. Bank of N.Y. Mellon

Ruling: 
Relief from stay order permitted lender to pursue unlawful detainer proceedings to recoverpossession of debtor's property. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on July 09,2019, LexisNexis #0919-028

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