Judge Boudin

United States v. Marston

Defendant appealed a decision of the United States District Court for the District of New Hampshire, which convicted her on two counts of bankruptcy fraud, in violation of 18 U.S.C.S. § 152(2).
Ruling: 
Conviction on second count of bankruptcy fraud reversed due to lack of proof that undisclosed debts existed on petition date.
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Consumer case opionion summary, case decided on September 20,2012, LexisNexis #1012-101

United States (IRS) v. Paolo (In re Paolo)

Appellant debtor challenged the United States District Court for the District of Rhode Island's decision to abstain from deciding his tax dispute with appellee United States as an adjunct to his personal bankruptcy proceeding. The debtor claimed that Congress intended bankruptcy court to be an available forum to determine a debtor's tax liability even where the debtor's estate had no assets whose administration the tax issues might affect.
Ruling: 
Bankruptcy court's decision to abstain from hearing tax dispute was not appealable.
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Consumer case opionion summary, case decided on September 08,2010, LexisNexis #0910-136

Colonial Sur. Co. v. Weizman

Surety company sued a construction company, an indemnitor, and other indemnitors, seeking reimbursement for expenses incurred by the surety company. The United States District Court for the District of Massachusetts rejected the indemnitor's bankruptcy discharge defense under 11 U.S.C.S. § 523 and found in favor of the surety company. The indemnitor appealed.
Ruling: 
Indemnity claims of surety that were not properly scheduled were not discharged.
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Consumer case opionion summary, case decided on May 06,2009, LexisNexis #0609-099

Barroso-Herrans v. Lugo-Mender (In re Barroso-Herrans)

Appellant debtors sought review of a decision of the U.S. District Court for the District of Puerto Rico, which upheld a bankruptcy court's approval of a litigation settlement in their chapter 7, 11 U.S.C.S. § 701 et seq., bankruptcy case that appellee trustee had unilaterally negotiated with a state agency.
Ruling: 
Bankruptcy court properly approved trustee's settlement of lawsuits where debtor's valuation of claimed exemption was dubious.
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Consumer case opionion summary, case decided on May 07,2008, LexisNexis #0608-029

Ford v. Skorich (In re Skorich)

Appellee wife filed for divorce. Debtor husband filed a bankruptcy petition. The wife filed a motion with the bankruptcy court to obtain escrowed funds awarded to her in the divorce. Appellant trustee argued that the transfer to escrow agents was a preferential transfer avoidable under 11 U.S.C. § 547. The District Court for the District of New Hampshire held that the trustee could not avoid the transfer. The trustee appealed.
Ruling: 
Deposit of funds into escrow for benefit of debtor's former spouse pursuant to divorce decree was not a preferential transfer.
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Collins v. Great Atlantic Mortg. Corp. (In re Lazarus)

The District Court for the District of Massachusetts affirmed a bankruptcy court's entry of summary judgment in favor of creditor mortgagee in declining to set aside a mortgage on the ground that it constituted a preferential transfer pursuant to 11 U.S.C. § 547(b) in debtor co-owner's bankruptcy case. The trustee appealed.
Ruling: 
Debtor's refinance with original mortgagee was preferential subject to possible applicability of 547(c) exceptions.
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