1st Circuit

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

Ruling: 
Bank's security interest was unavoidable where debtor's savings account was subject to the bank's lien because the bank had a perfected security interest in the debtor's savings account. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-053

Perez, In re

Ruling: 
Court ruled that both original and amended contract for bankruptcy assistance between debtor and law firm were void as it did not explain the services and fees provided. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on July 31,2018, LexisNexis #0918-052

Horned Dorset Primavera, Inc., In re

Ruling: 
Corporation that owned real property violated the automatic when it filed the "Instancia" bywhich it requested the property registrar to alter the ranks of the liens and subordinate thedebtor's deed of usufruct. (Bankr. D.P.R.)
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Commercial case opionion summary, case decided on July 27,2018, LexisNexis #0918-004

Foistner, In re--Shelzi v. Foistner

Ruling: 
Motion to dismiss denied in part as creditor alleged a plausible fraud claim where funds contributed to an LLC at the debtor's request were fraudulently obtained. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-100

Garcia, In re

Ruling: 
Court waived fees for reopening debtor's chapter 11 case to enable the debtor to obtain her discharge. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-118

Cushman, In re--Resurgent Capital Servs, L.P. v. Harrington

Ruling: 
Court ruled that creditor was not subject to sanctions under Rule 9011 because while aspectsof claimant's practices could and should have been designed to produce more accurate proofsof claim, its practices were not so egregiously deficient to warrant the imposition of sanctions.(Bankr. D. Me.)
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Consumer case opionion summary, case decided on June 29,2018, LexisNexis #0818-029

Ackerman, In re--Ackerman v. Ackerman

Ruling: 
Debtor's liability to trust was excepted from discharge as appropriations of trust monies topay personal expenses and to fund acquisitions or development of properties for his ownbenefit were defalcations while acting in a fiduciary capacity. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on June 25,2018, LexisNexis #0818-009

Kirby, In re--Kirby v. 21st Mortg. Corp.

Ruling: 
Defendant's motion granted where the written communications did not objectively constitutecoercive or harassing actions and was not a violation of the discharge injunction. (Bankr. D.Me.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-012

Cosi, Inc., In re

Ruling: 
Claimant had no administrative expense claim as his right to severance payments arose fromhis pre-petition employment agreement. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on June 28,2018, LexisNexis #0818-004

Golliday, In re--Golliday v. Educ. Credit Mgmt. Corp.

Ruling: 
Debtor's loan obligations were nondischargeable where debtor failed to establish that hisanticipated income would be insufficient to repay the loan while maintaining a minimallifestyle. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on July 12,2018, LexisNexis #0818-073

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