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1st circuit

Lemay, In re

Ruling
Claim allowed based on itemized statement provided along with later supplemental itemization and debtor’s failure to provide evidence supporting disallowance. (Bankr. D. Me.)
Issue(s)
Proof of Claim; Supporting Information; Additional Requirements; Prepetition Interest, Fees, Expenses or Other Charges.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-099

Camara, In re

Ruling
Constructive trust imposed on debtor's partner’s interest in debtor’s real property as evidenced by “equal ownership agreement” would prevent debtor’s unjust enrichment. (Bankr. D. Mass.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-091

Beach House, LLC, In re

Ruling
Court partially granted fee request but disallowed portion due to nondisclosure of third-party payment. (Bankr. D. Me.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Commercial opinion summary, case decided on June 20, 2025 , LexisNexis #0825-054

Lugo, In re

Ruling
Court ruled foreclosure sale was valid because stay did not apply to property owned by debtor’s corporation. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on June 18, 2025 , LexisNexis #0825-058

Wilson, In re

Ruling
Debt was dischargeable as the Olszeskis did not prove by a preponderance of evidence that any transfers occurred with the intent to hinder, delay or defraud them. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on March 24, 2025 , LexisNexis #0525-083

Ithier, In re

Ruling
Debtor's conduct, while involving initial non-disclosure of assets, did not rise to the level of egregiousness required for a bar to refile upon voluntary dismissal. (Bankr. D.P.R.)
Issue(s)
Effect of Dismissal; Subsequent Filings.

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Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-029

Muszynski v. Millennium Funding, Inc.

Ruling
Bankruptcy court did not abuse its discretion in finding that the debtor failed to describe exigent circumstances meriting a waiver of the credit counseling requirement. (B.A.P. 1st Cir.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Consumer opinion summary, case decided on March 07, 2025 , LexisNexis #0525-026

Las Martas, Inc. v. Condado 5, LLC

Ruling
Bankruptcy court erred in dismissing Chapter 12 case by comparing financial conditions across debtor’s multiple filings instead of focusing solely on pospetition conditions in the current case. (B.A.P. 1st Cir.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest; Continuing Loss or Diminution of Estate.

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Commercial opinion summary, case decided on March 05, 2025 , LexisNexis #0525-042

Rosario, In re

Ruling
Court deferred to Chapter 7 trustee’s business judgment in settling damages claim held by debtor in case converted from Chapter 11. (Bankr. D.P.R.)
Issue(s)
Duties of Trustee; Included Duties; Collect and Reduce to Money Property of the Estate.

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Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-017

Ruiz, In re--Rodriguez v. Junta De Retiro Del Gobierno De P.R.

Ruling
Debtor’s claims for violation of the discharge that predated the effective date of the plan were discharged under the terms of the plan. (Bankr. D.P.R.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on February 20, 2025 , LexisNexis #0425-077