1st Circuit

Spenlinhauer, In re

Ruling: 
Court concluded that trustee has demonstrated excusable neglect in failing to oppose dismissal where the deadline for filing a response was short and compliance with the court's order to show cause was not directed to the trustee. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 05,2018, LexisNexis #0518-060

Berkland, In re

Ruling: 
Debtor was not prohibited from modifying a secured claim a mortgagee held against real property that was both the debtor's principal residence and rental property. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-058

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

Ruling: 
Debtor's student loan debt was discharged in its entirety where her current financial condition and future economic prospects established the propriety of a discharge under the Brunner test. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on April 03,2018, LexisNexis #0518-042

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

Ruling: 
Court held that debtor met his burden of showing that his student loan debt was dischargeable under the totality of the circumstances test. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 04,2018, LexisNexis #0518-043

Bailey, In re

Ruling: 
Debtor's request for certification was granted after the court determined that there was nocontrolling applicable law. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on February 21,2018, LexisNexis #0418-025

Thompson, In re

Ruling: 
Debtor's proposed chapter 13 plan calling for a deferred surrender of collateral was denied as it failed to satisfy three of the options available for treating the mortgage lender's secured claim. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 14,2018, LexisNexis #0318-114

Pelley, In re--Martin v. Pelley

Ruling: 
Court awarded debtor actual damages as creditor's actions in filing motions in state court were not protected by § 362(b). (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on February 15,2018, LexisNexis #0318-094

Corbett, In re

Ruling: 
Purchaser's status as a good faith purchaser was not challenged explicitly by the parties, thus making the said sale effectively immune from challenge. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 12,2018, LexisNexis #0318-096

Hatton v. TD Bank, N.A. (In re Hatton)

Ruling: 
Chapter 13 debtors were not entitled to the protections of 11 U.S.C.S. § 108(a) as it applies toactions that may be commenced by a "trustee," not to actions commenced by a "debtor." (Bankr.D.N.H.)
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Consumer case opionion summary, case decided on February 07,2018, LexisNexis #0318-062

Roman-Perez, In re--Roman-Perez v. Operating Partners Co. LLC

Ruling: 
Debtors awarded $500 in emotional distress damages after court found out that defendantsviolated the automatic stay. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on February 09,2018, LexisNexis #0318-067

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