1st Circuit

New Eng. Confectionary Co., In re

Ruling: 
Motion to dismiss denied where trustee had standing to assert a mere instrumentality claimunder 11 U.S.C. § 544(a)(1). (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on July 19,2019, LexisNexis #0919-039

Lloyd, In re--White v. Gaffney

Ruling: 
Malpractice claims were not property of the bankruptcy estate where none of the claims raisedby the trustee had accrued pre-petition. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on June 28,2019, LexisNexis #0919-012

Old Cold, LLC, In re--Mission Prod. Holdings v. Schleicher & Stebbins Hotels, L.L.C.

Ruling: 
Court did not abuse its discretion in granting a secured creditor relief from the automatic stayas debtor lacked equity in the property at issue. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on June 18,2019, LexisNexis #0819-083

Blast Fitness Grp., LLC, In re--Cruickshank v. Dixon

Ruling: 
Claim for fees under a management agreement was matured and fixed as of the bankruptcyfiling date and not contingent or payable upon the occurrence of a certain future act or event.(Bankr. D. Mass.)
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Commercial case opionion summary, case decided on May 24,2019, LexisNexis #0819-010

Hychko, In re

Ruling: 
Trustee's objection overruled as he failed to prove that debtor's exemptions in the settlementproceeds were not properly claimed. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on May 14,2019, LexisNexis #0719-085

Kirby v. 21st Mortg. Corp.

Ruling: 
Summary judgment in favor of creditor was affirmed as the post-discharge communicationsdid not improperly coerce or harass the debtor in paying the discharged debt in violation ofdischarge injunction. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on May 14,2019, LexisNexis #0719-090

Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.

Ruling: 
Debtor's transfers of checks to creditor were fraudulent transfers based upon the presumptionof insolvency and testimony of trustee's expert. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on April 29,2019, LexisNexis #0719-036

Blast Fitness Group, In re

Ruling: 
Motion to dismiss denied where trustee asserted a plausible claim that debtor's principal wasa beneficial or a subsequent transferee. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on April 30,2019, LexisNexis #0719-039

Mercado, In re--Miranda v. Banco Popular De P.R.

Ruling: 
Chapter 7 trustee's avoidance complaint was dismissed as unrecorded mortgage was not avalid transfer of property. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on April 17,2019, LexisNexis #0719-018

Rivera, In re--Wiscovitch-Rentas v. Banco Popular De P.R.

Ruling: 
Setoff was not permitted absent the required mutuality for a right to setoff. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on April 30,2019, LexisNexis #0719-021

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