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.

Flambeaux Gas & Elec., In re

Ruling: 
Court allowed debtor to reject a settlement agreement coupled with a licensing agreement thatwas unduly burdensome. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on February 20,2019, LexisNexis #0419-007

Jordan, In re--ServisFirst Bank v. Jordan

Ruling: 
Bankruptcy court abstained from conducting post-judgment collection proceedings in favor ofa private creditor. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on February 20,2019, LexisNexis #0419-011

Clark, In re--Clark v. United States IRS

Ruling: 
Nondischargeability proceeding dismissed because there was no fiduciary relationshipbetween the plaintiff landlord and the debtor and the landlord failed to allege that debtormade misrepresentations at the time she entered into their lease agreement. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on February 20,2019, LexisNexis #0419-012

Hunter, In re

Ruling: 
Debtor's motion to convert case to Chapter 11 denied where his primary motive for conversionwas indicative of bad faith as he was in effect asking to shift the risk of unsuccessful litigationto his creditors. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on February 19,2019, LexisNexis #0419-019

Antunes, In re

Ruling: 
Revised sale motion granted due to lack of interested purchasers for the debtor's property after18 months of marketing. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on February 19,2019, LexisNexis #0319-078

Cashco, Inc., In re

Ruling: 
Automatic stay did not apply to debtor's removal of a state court class action lawsuit to thebankruptcy court where debtor's petition was pending and did not apply to the continuationof the litigation in the removed class action lawsuit. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on February 19,2019, LexisNexis #0419-004

Anders, In re

Ruling: 
Claim amount reduced as the creditor miscalculated late fees and sought fees for appraisalsand environmental assessments. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on February 19,2019, LexisNexis #0419-009

Wettersten, In re--Ditto v. Wettersten

Ruling: 
Debtor was entitled to summary judgment on plaintiff's claim that his personal injury actionagainst debtor was nondischargeable where plaintiff did not timely respond to the debtor'srequests for admission. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on February 19,2019, LexisNexis #0419-015

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

Ruling: 
Foreclosure sale of subject property was valid where the first order granting in rem relief fromautomatic stay was a final order and therefore enforceable. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0419-003

Campbell, In re

Ruling: 
Trustee's objection to debtor's plan overruled where debtor's ad valorem taxes were nothousehold expenses and were properly deducted as part of marital adjustment. (Bankr. S.D.Fla.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0419-022

Rushani, In re

Ruling: 
USDA's motion for relief from automatic stay was granted as debtors failed to make 26monthly payments to USDA required by their Chapter 13 plan or show that the failure tomake those payments was justified. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0419-006

Gannon, In re--McGuinness v. Gannon

Ruling: 
Debt was dischargeable as creditors failed to prove that debtor made knowingly falserepresentations or created false impressions with the intent to deceive them. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0419-010

Downs, In re--Gocha v. Downs

Ruling: 
Trustee was not entitled to recover full amount of fraudulent transfers as non-debtor spousewould be prejudiced by expansion of the trustee’s claims. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0319-087

Skymark Props. II, In re

Ruling: 
Court properly dismissed Chapter 11 case as the value of the estate was diminishing anddebtor made post-petition real estate tax payments only on some of the properties. (3d Cir.)
Court: ( ) [ Bankruptcy Court ]
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0319-088

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