Latest Opinions
Case Decided On
14
Aug 2024
Blixseth, In re--Montana Dep't of Revenue v. Blixseth
Ruling
State properly invoked sovereign immunity for debtor's claim as the state's counsel could notand did not effect an "unequivocal" waiver through his statements to the court. (9th Cir.)
Judge or Jurisdiction information not available
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Case Decided On
14
Aug 2024
Vantage Benefits Adm'rs., Inc., In re--Mims v. Matrix Trust Co,
Ruling
Trustee in involuntary case could pursue causes of action against third parties that allegedlyenabled embezzlement by debtor’s principals. (Bankr. N.D. Tex.)
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Case Decided On
14
Aug 2024
Thom, In re--Gold v. Thom
Ruling
Discharge denied where debtor's noncompliance with examination order was due to hisrefusal to comply, rather than failure to do so. (Bankr. E.D. Mich.)
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Case Decided On
14
Aug 2024
Amerifirst Fin., Inc., In re
Ruling
Creditors failed to assert a colorable claim for fraud and fraudulent inducement as they failedto justify reliance on unspecified promises. (Bankr. D. Del.)
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Case Decided On
13
Aug 2024
Whittaker, Clark, & Daniels, In re--Whittaker, Clark & Daniels, Inc. v. Brenntag AG
Ruling
Successor liability tort claims by third parties against non-debtors relating to asbestosexposure were property of the estate and not personal to individual creditors. (Bankr. D.N.J.)
Judge or Jurisdiction information not available
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Case Decided On
13
Aug 2024
Stephens, In re
Ruling
Foreclosure sale of debtor’s residence did not violate the automatic stay because it becamefinal without any "act" to take possession of or exercise control over property of the estate.(Bankr. C.D. Cal.)
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Case Decided On
13
Aug 2024
Gillis, In re
Ruling
Undisclosed personal injury claims provided no basis for reopening after debtors completedpayments under Chapter 13 plans and received discharges. (Bankr. D. Mass.)
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Case Decided On
13
Aug 2024
Stursberg v. Morrison Sund PLLC
Ruling
Issue preclusion barred involuntary debtor’s claim for bad faith tort damages followingdismissal due to his failure to file an appeal of bankruptcy court’s denial of his motion forattorney’s fees. (8th Cir.)
Judge or Jurisdiction information not available
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Case Decided On
13
Aug 2024
Trantham v. Tate
Ruling
Bankruptcy court erred in denying confirmation on the ground that a debtor's proposedvesting provision was contrary to its required form plan as it denied the debtor her right topropose a plan of her own choosing. (4th Cir.)
Judge or Jurisdiction information not available
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Case Decided On
12
Aug 2024
Embler, In re
Ruling
Court ordered attorney's fee disgorged as unreasonable due to failure to perform promisedservices in no asset case. (Bankr. D. Conn.)
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Case Decided On
12
Aug 2024
Revivify, LLC v. Thrivify, LLC (In reThrivify, LLC)
Ruling
Chapter 11 trustee was entitled to reject a settlement term sheet as plaintiffs did not overcomethe presumption that trustee acted prudently, on an informed basis, in good faith, and in thehonest belief that rejection was in the estate's best interest. (Bankr. D. Or.)
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Case Decided On
12
Aug 2024
RML, LLC, In re
Ruling
Discharge injunction barred asbestos-related claims that arose prior to petition date asadoption of asbestos-specific mechanisms in plan is permissive, not required. (Bankr. S.D.N.Y.)
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Case Decided On
12
Aug 2024
Taing, In re
Ruling
Creditors' objections based on lack of privity of contract overruled as their claims could betreated through debtor's plan. (Bankr. D. Mass.)
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Case Decided On
09
Aug 2024
Cmelka, In re--WBL SPO II LLC v. Cmelka
Ruling
Debt was excepted from discharge as debtor's failure to schedule creditor's claim ultimatelyresulted in denying the creditor the opportunity to file a proof of claim. (Bankr. N.D. Ill.)
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Case Decided On
09
Aug 2024
Roglieri, In re--Levine v. Roglieri
Ruling
Receiver lacked standing to pursue an adversary proceeding as that power was beyond thescope of the receivership order and subsequent state court decisions. (Bankr. N.D.N.Y.)
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