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.

Cogswell, In re

Ruling: 
Court denied creditor stay relief to recover possession to all but one of the 26 items due tofailure to rebut state law presumption that they were property of the estate. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 17,2020, LexisNexis #1020-087

Portunato, In re--Harrington v. Portunato

Ruling: 
Discharge denied due to totality of circumstances surrounding debtor’s post-petitiontransfer of property and concealment of sale proceeds. (Bankr. D.R.I.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on September 17,2020, LexisNexis #1020-091

TriVascular Sales LLC, In re

Ruling: 
Court approved and confirmed the plan because it was proposed in good faith and alltransactions contemplated by the plan were negotiated and consummated at arms' length,without collusion. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on September 16,2020, LexisNexis #1020-095

Olson, In re

Ruling: 
Debtors were entitled to confirmation of their plan of reorganization because debtors metthe voting requirements and the plan met the best interests of the creditors' test. (Bankr. D.Utah)
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Consumer case opionion summary, case decided on September 16,2020, LexisNexis #1020-096

Milani, In re

Ruling: 
Debtor was not entitled to summary judgment in proceeding for violation of the dischargeinjunction given issues of fact regarding creditor’s intention in bringing state court action.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 16,2020, LexisNexis #1020-086

Racing Servs., In re--North Dakota ex rel. Stenehjem v. Bala

Ruling: 
Bankruptcy court erred in ruling that claim assigned to the state was barred by laches aslaches did not apply to tardily-filed claims that were filed in time to permit distribution.(B.A.P. 8th Cir.)
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Commercial case opionion summary, case decided on September 16,2020, LexisNexis #1020-090

Gardens Reg'l Hosp. & Med. Ctr., Inc., In re--Gardens Reg'l Hosp. & Med. Ctr. Liquidating Trust v. California

Ruling: 
State’s equitable recoupment of quality assurance assessments from supplementalpayments owed to debtor hospital did not violate the automatic stay. (9th Cir.)
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Commercial case opionion summary, case decided on September 16,2020, LexisNexis #1020-075

Royal Alice Props, In re

Ruling: 
Court declined to bifurcate or limit powers and duties of Chapter 11 trustee to operate thedebtor's business. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on September 16,2020, LexisNexis #1020-092

Patel, In re

Ruling: 
Motion in limine preventing the debtor from presenting evidence in proceeding forviolation of the automatic stay denied. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 16,2020, LexisNexis #1020-076

Goodrich Quality Theaters, Inc., In re

Ruling: 
Cause existed to dismiss or convert Chapter 11 case following sale of substantially all assetsand distribution of proceeds. (Bankr. W.D. Mich.)
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Commercial case opionion summary, case decided on September 16,2020, LexisNexis #1020-093

Winters, In re

Ruling: 
Debtor's motion to dismiss involuntary petition was denied as debtor failed to attend thehearing or present credible evidence clarifying ambiguities and inconsistencies in theevidence. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on September 15,2020, LexisNexis #1020-097

Woody, In re--Woody v. Cooper

Ruling: 
Adversary proceeding can continue, but debtor will have to fulfill the clear and convincingevidence standard to prevail on his contempt claims. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 15,2020, LexisNexis #1020-099

Hays, In re--Spears v. Hays

Ruling: 
Tenant was entitled to attorney fees, which were nondischargeable, due to debtor landlord'sdeceptions and unfair acts to obtain money she was not entitled to. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on September 15,2020, LexisNexis #1020-083

Wissel, In re--Wissel v. Deutsche Bank Nat’l Trust Co.

Ruling: 
BAPCPA definitions of "debtor's principal residence" and "incidental property” expandedthe reach of Chapter 11 anti-modification provision to prevent cramdown of mortgage onprimary residence also used for business. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on September 14,2020, LexisNexis #1020-094

Murphy, In re--Murphy v. World Acceptance Corp. of Okla.

Ruling: 
Lender's motion to dismiss debtors’ claim objection granted in part as lenders were properlylicensed but otherwise denied to the extent debtors’ pleadings stated a claim. (Bankr. W.D.Okla.)
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Consumer case opionion summary, case decided on September 14,2020, LexisNexis #1020-098

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