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.

THG Holdings LLC, In re--True Health Diagnostics LLC v. Azar

Ruling: 
Automatic stay barred withholding of post-petition Medicare reimbursements, which wereproperty of the estate and did not fall within the police power exception. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 29,2019, LexisNexis #1019-079

Clinton Nurseries, In re

Ruling: 
Debtor that was not subject to the increased U.S. Trustee quarterly fees lacked standing tochallenge the enacting amendments, which were constitutionally uniform. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on August 28,2019, LexisNexis #1019-073

Roth, In re--Roth v. Nationstar Mortg., LLC

Ruling: 
Statement sent by mortgage holder did not violate the discharge injunction as it was forinformational purposes only and included payment voucher marked as voluntary. (11th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 28,2019, LexisNexis #1019-065

Cochran, In re--Azalea City Credit Union v. Cochran

Ruling: 
Debt was dischargeable where there was no evidence that debtor engaged in any intentionalfraud or deceit sufficient to rise to the level of false pretenses. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on August 28,2019, LexisNexis #1019-084

Ditech Holding Corp., In re

Ruling: 
Confirmation of second amended plan was denied to the extent that it purported to limitconsumer creditors' ability to assert rights of recoupment against the buyers of planned saletransactions under applicable non-bankruptcy law. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 28,2019, LexisNexis #1019-068

Weissmuller, In re

Ruling: 
Debtor's student loan was dischargeable as debt was not made, insured, or guaranteed by thegovernment. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 27,2019, LexisNexis #1019-088

Conklin, In re--Juber v. Conklin

Ruling: 
Oral loan debt was dischargeable as it was neither extended as nor intended to be aneducational loan. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-089

Isaacs, In re--DeHart v. Isaacs

Ruling: 
Payments under the Adoption Assistance and Child Welfare Act of 1980 were benefitsreceived under the Social Security Act and were excludable from current monthly income,disposable income and projected disposable income calculations. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-075

Baldwin, In re

Ruling: 
Creditor bank violated the automatic stay when it refused to deliver or allow delivery ofgarnished funds and proceeds to the debtor's estate. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-077

Double Eagle Energy Servs., L.L.C. v. Markwest Utica Emg, L.L.C.

Ruling: 
Related-to-bankruptcy jurisdiction that existed at the outset of the case never went away afterdismissal of the bankruptcy case. (5th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 26,2019, LexisNexis #1019-096

O.W. Bunker Holding N. Am. Inc., In re

Ruling: 
Creditor was entitled to an administrative expense claim for bunker fuel delivered to debtor’svessels. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on August 26,2019, LexisNexis #1019-080

Floyd, In re

Ruling: 
Debtors' discharges were denied for failure to keep adequate records to ascertain theirfinancial condition and failure to schedule or disclose the accounts they established in theirspouses' names. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-066

Khalil, In re--Goldman v. Khalil

Ruling: 
Court found in debtor's favor where his testimony at a post-remand trial demonstrated that hehad every intention to perform under a settlement agreement. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-083

Franco, In re

Ruling: 
Motion for nunc pro tunc stay relief after five years of litigation denied. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 23,2019, LexisNexis #1019-052

Taco Bueno Rests., In re

Ruling: 
Late-filed application for administrative expense denied as untimely and proof of claimcontaining a general request for payment of an administrative expense did not constitute anapplication. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on August 23,2019, LexisNexis #1019-054

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