Latest Opinions
Case Decided On
16
May 2025
Garcia, In re--Garcia v. United States Dep't of Educ.
Discharge of student loan debt was denied because debtor could maintain minimal living standard, lacked evidence of long-term hardship, and failed to show good faith repayment efforts. (Bankr. W.D. Tex.)
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Case Decided On
16
May 2025
Salee Amina Mohammed, In re
Chapter 13 case properly dismissed as debtor failed to comply with credit counseling requirement and there were no exceptional circumstances justifying relief. (Bankr. D. Utah)
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Case Decided On
16
May 2025
Bortz, In re--Lavender v. Bortz
Debt was excepted from discharge as debtor obtained funds through false representations and actual fraud in failed construction project. (Bankr. S.D. Tex.)
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Case Decided On
16
May 2025
Johnson, In re
Court upheld partial commission claim for auction of estate property as debtor agreed to terms and estate benefited, but denied full commission due to lack of court approval and improper handling of motor vehicles. (Bankr. S.D. Ala.)
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Case Decided On
16
May 2025
Williams Land Clearing, Grading, & Timber Logging, LLC, In re--Williams Land Clearing, Grading, & Timber Logging, LLC v. Apex Funding Source LLC
Payment directly to creditor of receivable owed to debtor was avoidable as it allowed creditor to receive more than it would have in a Chapter 7 case. (Bankr. E.D.N.C.)
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Case Decided On
15
May 2025
Celsius Network LLC, In re--Meghji v. Bailey
Counterclaims filed by “unknown” creditor discharged under the confirmed Chapter 11 plan as publication notice was sufficient and the creditor failed to file a timely proof of claim. (Bankr. S.D.N.Y.)
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Case Decided On
15
May 2025
Nat'l Reality Inv. Advisors, LLC, In re
Creditors’ claims subordinated because they ignored signs of fraud, enabling Ponzi scheme and harming other creditors. (Bankr. D.N.J.)
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Case Decided On
15
May 2025
Berkley, In re
Court allowed fraud and embezzlement claims because plaintiffs pled specific misrepresentations and misuse of funds, but dismissed fiduciary and larceny claims for lack of required elements. (Bankr. N.D. Ohio)
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Case Decided On
15
May 2025
Jackson Hosp. & Clinic, In re
Court denied approval of professionals who had existing relationship with debtor to represent non-debtor medical board that leased equipment to debtor due to potential conflict of interest. (Bankr. M.D. Ala.)
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Case Decided On
14
May 2025
Estanol, In re
Debtor’s counsel was denied lien on pre-confirmation funds because lien was created after bankruptcy filing and fees were not yet approved by the court. (Bankr. D. Kan.)
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Case Decided On
14
May 2025
BMI Oldco Inc., In re
District court decision resolving whether debtor’s talc contained asbestos was an issue necessary for determining the feasibility of proposed § 524(g) trust. (Bankr. S.D. Tex.)
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Case Decided On
14
May 2025
Dingess, In re--Olsen v. Dingess
Debtor’s injury to mother-in-law was dischargeable as evidence did not show willful or malicious intent and default judgment lacked preclusive effect. (Bankr. D. Del.)
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Case Decided On
13
May 2025
Kowalski, In re--Paloian v. Byline Bank
Automatic stay did not apply to presentment of negotiable instrument and payment by bank. (Bankr. N.D. Ill.)
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Case Decided On
13
May 2025
Wood, In re
State contempt order obtained by creditor was a willful violation of the automatic stay since it sought collection on pre-petition debt without excluding estate property despite notice of bankruptcy. (Bankr. S.D.N.Y.)
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Case Decided On
13
May 2025
BSA, In re
Confirmed Chapter 11 plan including nonconsensual third party releases could not be vacated due to effect on completed insurance buyback funding the plan. (3d Cir.)
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