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 23,000 opinion summaries by keyword, relevant code section, court and judge. Opinion summaries are provided by our partner LexisNexis® Collier and are updated weekly.

WMC Kim Holdings, LLC, In re

Ruling: 
No documentation was required for proof of unsecured claim based upon an oralagreement. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on February 12,2021, LexisNexis #0321-098

Haynie v. Krystal

Ruling: 
Bankruptcy court did not err in applying issue preclusion and holding that judgment debtwas nondischargeable following the general rule that judgment last in time should beafforded issue preclusive effect notwithstanding prior inconsistent judgment. (B.A.P. 9thCir.)
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Consumer case opionion summary, case decided on February 12,2021, LexisNexis #0321-082

Farrell, In re

Ruling: 
Trustee had authority to execute upon the entire balance in a joint account held by debtorwith non-debtor son. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on February 12,2021, LexisNexis #0321-087

Kearns, In re

Ruling: 
Approval of reaffirmation agreement for an executory vehicular lease denied as assumptionshould have been utilized. (Bankr. D. Mont.)
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Consumer case opionion summary, case decided on February 12,2021, LexisNexis #0321-055

Wilton Armetale, Inc., In re--WAPITA, Inc. v. North Mill Capital, LLC

Ruling: 
Withdrawal of the reference was warranted as the adversary proceeding between nondebtor parties no longer had any bearing on the bankruptcy estate. (Bankr. E.D. Pa.)
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Commercial case opionion summary, case decided on February 11,2021, LexisNexis #0321-096

Salas, In re

Ruling: 
Plaintiffs had derivative standing to initiate actions to avoid the conveyance of property as thecomplaint presented colorable causes of action and the trustee had taken no action despitedemand. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on February 11,2021, LexisNexis #0321-064

McCants, In re

Ruling: 
Creditor's failure to file Rule 3002.1 notice in either case did not warrant reduction of itsclaim. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on February 11,2021, LexisNexis #0321-099

Forester, In re

Ruling: 
Court converted debtors' motion to void a mortgage and an objection to a proof of claim to anadversary proceeding because an adversary proceeding was necessary under Rule 7001(2).(Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on February 10,2021, LexisNexis #0321-075

Peta, In re

Ruling: 
Court denied the stay relief motion because debtor's multiple bankruptcy cases were notintended to hinder or delay the bank. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on February 10,2021, LexisNexis #0321-077

Fernandez-Lopez, In re--Fernandez v. Nat'l Collegiate Student Loan Trust 2006-2

Ruling: 
Collateral estoppel did not apply to determine dischargeability of student loan debt as a statecourt judgment did not necessarily determine the nature of the loan. (Bankr. W.D. Mich.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 10,2021, LexisNexis #0321-062

Collins, In re

Ruling: 
Objections to confirmation of debtor's Chapter 13 plan were overruled as debtor's formerspouse did not identify property or assets in which debtor would exhaust his personalproperty exemption, or could not exempt. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on February 10,2021, LexisNexis #0321-070

Stahlberger, In re--Stahlberger v. PF Ellison

Ruling: 
Debtor could not avoid the transfer of her real property as preferential as the date of thetransfer related back to a lis pendens filed two years before the petition date. (Bankr. D.N.J.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 10,2021, LexisNexis #0321-088

Butko, In re--Butko v. Ciccozzi

Ruling: 
Court denied debtors' motion for a stay of a scheduled eviction where out of four issues thedebtors planned to raise on appeal, only one had any chance of success. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on February 10,2021, LexisNexis #0321-072

Promisco, In re--Promisco v. United States Dep't of Educ.

Ruling: 
Student loan debt was not dischargeable due to debtor's employability. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on February 09,2021, LexisNexis #0321-061

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