Latest Opinions
Case Decided On
02
Oct 2024
Levitt, In re
Ruling
Creditor's non-dischargeability complaint dismissed due to failure to allege reliance on debtor's false representation. (Bankr. D. Me.)
ABI Membership is required to access the full summary of Levitt, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
01
Oct 2024
Powell, In re--TICO Constr. Co. v. Van Meter
Ruling
Bankruptcy court did not abuse its discretion by declining to resolve the creditor's challenge to the debtor's eligibility before granting his motion to dismiss. (9th Cir.)
Judge or Jurisdiction information not available
ABI Membership is required to access the full summary of Powell, In re--TICO Constr. Co. v. Van Meter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
01
Oct 2024
Alta Mesa Res., Inc., In re--Dunn v. HPS Inv. Partners, LLC
Ruling
Trustee failed to sufficiently plead an actual benefit that was avoidable and recoverable on the
ABI Membership is required to access the full summary of Alta Mesa Res., Inc., In re--Dunn v. HPS Inv. Partners, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
01
Oct 2024
Bennett, In re--HEA Corp. v. Bennett
Ruling
Court found that the debtor knowingly made multiple false written representations of material fact on which plaintiffs reasonably relied and the resulting judgment was excepted from discharge. (Bankr. D. Neb.)
ABI Membership is required to access the full summary of Bennett, In re--HEA Corp. v. Bennett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
01
Oct 2024
Silmon, In re
Ruling
Debtor's unsecured creditors were entitled to the pro rata distribution from the amount returned to trustee as it was undisputed that the unsecured creditors were not paid in full. (Bankr. M.D. Ala.)
ABI Membership is required to access the full summary of Silmon, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
01
Oct 2024
Lucas, In re
Ruling
Debtors' attorney was directed to return all funds received by or on behalf of debtors and to pay sanctions to debtors based upon his filing of three separate documents without debtors' prior authorization. (Bankr. D.S.C.)
ABI Membership is required to access the full summary of Lucas, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
01
Oct 2024
Hakli, In re--Hemme v. Hakli
Ruling
Debtors' tactical decision not to comply with state court's orders did not prevent the application of issue preclusion in nondischargeability proceeding. (Bankr. N.D. Ohio)
ABI Membership is required to access the full summary of Hakli, In re--Hemme v. Hakli Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
30
Sep 2024
Archdiocese of Milwaukee, In re
Ruling
State could not reopen case closed for more than eight years to gain access to records related to abuse claims where it opted out of most proceedings while the case was open. (Bankr. E.D. Wis.)
ABI Membership is required to access the full summary of Archdiocese of Milwaukee, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
30
Sep 2024
Gonzales, In re
Ruling
Debtor's motion to avoid a judicial lien was granted, even without any evidence of the actual cost to fix the debtor's house repairs given the low fair market value of the property on the petition date. (Bankr. D.N.M.)
ABI Membership is required to access the full summary of Gonzales, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
30
Sep 2024
Smith, In re
Ruling
Judicial estoppel barred creditor from litigating his liability for domestic violence against debtor as his current position was clearly inconsistent with prior positions in other non-bankruptcy forums. (Bankr. D. Minn.)
ABI Membership is required to access the full summary of Smith, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
30
Sep 2024
McCaskey, In re
Ruling
Debtor's inability to deliver physical possession of an ATV did not constitute a material default under the Chapter 13 plan or cause to dismiss the case as it had not been shown that debtor concealed the collateral or perpetrated a fraud. (Bankr. S.D. Ala.)
ABI Membership is required to access the full summary of McCaskey, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
30
Sep 2024
Gabriel Custom Homes, LLC, In re
Ruling
Bankruptcy court denied creditor's motion for relief from an automatic stay of foreclose proceedings as there where factual issues as to whether the property was the debtor's domicile and whether a scheme had occurred to hinder or defraud the creditor. (Bankr. W.D.N.C.)
ABI Membership is required to access the full summary of Gabriel Custom Homes, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
30
Sep 2024
Mims, In re
Ruling
Motion to dismiss proceeding for denial of discharge denied as the complaint sufficiently alleged claims regarding debtors’ failure to keep records or disclose information. (Bankr. E.D. Wis.)
ABI Membership is required to access the full summary of Mims, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
30
Sep 2024
Carter, In re--Armstrong v. Carter
Ruling
State court sanctions order did not have preclusive effect in nondischargeability proceeding. (Bankr. N.D. Ga.)
ABI Membership is required to access the full summary of Carter, In re--Armstrong v. Carter Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Case Decided On
30
Sep 2024
Bridger Steel, Inc., In re--Samson v. LCF Grp., Inc.
Ruling
Motion to compel arbitration denied as there was no arbitration agreement between defendant and the trustee and his right to recover payments was not derivative of the debtor's rights. (Bankr. D. Mont.)
ABI Membership is required to access the full summary of Bridger Steel, Inc., In re--Samson v. LCF Grp., Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member