1st Circuit

Nat'l Fish & Seafood, Inc., In re

Ruling: 
Former officers and directors of debtor granted relief from stay to permit distribution ofproceeds of D&O policy to cover defense costs. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on February 26,2021, LexisNexis #0421-029

Lescinskas, In re

Ruling: 
Objection to notice of charges sustained as lender belatedly notified the debtor of attorneys'fees and late charges in connection with his mortgage over a period of years. (Bankr. D.Mass.)
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Consumer case opionion summary, case decided on February 17,2021, LexisNexis #0321-100

Kittery Point Partners, LLC v. Bayview Partners, LLC

Ruling: 
A bankruptcy court properly rejected debtor's challenges to creditor's proof of claim regardinga note and mortgage as the challenges were barred by the preclusive effect of a state courtjudgment upholding the validity of the note and mortgage. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on January 14,2021, LexisNexis #0221-082

In re--Milk Industry Regulatory Office of the Commonwealth of P.R. v. Rosa Dairy Farm, Inc.

Ruling: 
Court granted an oversecured creditor's application for attorneys' fees with a reduction onreasonableness grounds. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on December 04,2020, LexisNexis #0121-058

Gistis, In re

Ruling: 
Sanctions were warranted against a debtor's counsel as he improperly filed a Schedule C inthe case when he knew that the debtor had no reasonable basis to claim a homesteadexemption. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on November 20,2020, LexisNexis #0121-049

Stanley-Trafton Holdings, LLC, In re

Ruling: 
Court granted a conditional stay relief despite adequate protection due to debtor’sequivocation regarding terms of plan. (Bankr. D. Me.)
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Commercial case opionion summary, case decided on November 24,2020, LexisNexis #0121-028

Nelson v. Wells Fargo Bank, N.A.

Ruling: 
Bankruptcy court properly granted the lender's motion for relief from stay to foreclose themortgage because debtor's objections were barred by collateral estoppel. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-082

Rellstab, In re

Ruling: 
Debtor was not entitled to an award of actual and punitive damages as the foreclosure of thedebtor's investment property did not constitute a willful violation of the automatic stay.(Bankr. D. Mass.)
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Consumer case opionion summary, case decided on November 10,2020, LexisNexis #1220-086

Miralda, In re

Ruling: 
Debtor’s counsel award of fees and costs for work on summary judgment motion determinedusing the lodestar method. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on October 27,2020, LexisNexis #1220-029

Coughlin, In re

Ruling: 
Motions to enforce stay dismissed as 11 U.S.C §§ 106 and 101(27) lacked the requisite clarityof intent to abrogate tribal sovereign immunity. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-001

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