- 11 U.S.C.
Curran, In re--Privitera v. Curran
Apr
20
2017
Ruling
Bankruptcy court did not abuse its discretion in dismissing a creditor's claim under 523(a)(2)(B) as the creditor had not pled either material falsity or misrepresentation. (1st Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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Court
:
( Judge Selya ) [ Circuit Court ]
Harrington v. Simmons (In re Simmons)
Jan
20
2016
Ruling
Discharge denied due to failure to keep records or account for loss of assets.
Issue(s)
Was debtor's failure to provide a satisfactory explanation of the disposition of assets or keep adequate records properly held to be cause for a denial of discharge?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Charbono v. Sumski (In re Charbono)
Jun
15
2015
Ruling
Order for sanctions against debtor for failing to produce tax returns was within bankruptcy court's inherent authority.
Issue(s)
Whether a bankruptcy court has inherent power to sanction parties for noncompliance with court orders?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
deBenedictis v. Brady-Zell (In re Brady-Zell)
Jun
25
2014
Ruling
Bankruptcy court did not err in finding that debt was dischargeable based on inconclusivity of evidence of falsity provided by creditor attorney.
Issue(s)
Did bankruptcy court and bankruptcy appellate panel properly conclude that creditor attorney had not carried her burden of proving that debt was nondischargeable due to either false pretenses or a false representation?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Berliner v. Pappalardo (In re Sullivan)
Mar
21
2012
Ruling
Bankruptcy court properly applied lodestar method to determine attorneys' fees in relatively uncomplicated case.
Procedural posture
Appellant debtors' bankruptcy attorney sought judicial review of the decision by the District Court for Massachusetts affirming a bankruptcy court's attorney fee award. The attorney asserted that the legal fees awarded for professional services rendered in the chapter 13 proceeding were too meager. He sought $8,173.36 more than the $3,684 retainer originally paid.
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Court
:
Judge or Jurisdiction information not available
- FRBP
City Sanitation LLC v. Allied Waste Servs. Of Mass. LLC (In re American Cartage Inc.)
Aug
31
2011
Ruling
Trustee could take over commercial tort claims against debtor's former manager from purchaser of equipment that waived abandonment argument.
Procedural posture
Debtor trash hauler filed a voluntary bankruptcy petition under chapter 11 which was converted to a chapter 7 proceeding. Appellant trash hauler which had bought some of the debtor's equipment filed a state court action against appellee trash hauler and the debtor's former manager. The U.S. District Court for the District of Massachusetts affirmed the bankruptcy court's orders for the trustee to take over the claims. Appellant timely appealed.
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Court
:
Judge or Jurisdiction information not available
Stornawaye Fin. Corp. v. Hill (In re Hill)
Apr
01
2009
Ruling
Debtor could claim homestead exemption in property voluntarily returned to the estate.
Procedural posture
Plaintiff sued defendant chapter 7 debtor, objecting to a claimed homestead exemption. The Bankruptcy Appellate Panel for the First Circuit disagreed with the lower court decision that capped the claimed exemption, holding that 11 U.S.C.S. § 522(g) was limited to property that the trustee recovered. Since the property at issue had been reconveyed by a creditor's action, § 522(g) did not apply. The creditor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
UPS Cap. Bus. Credit v. Gencarelli (In re Gencarelli)
Aug
30
2007
Ruling
Bankruptcy court erred in disallowing claim for prepayment penalties based on standards for priority rather than allowability.
Procedural posture
At issue was a commercial lender's right to receive a bargained-for prepayment penalty from a solvent debtor. Defendant creditor sought review of a decision of the District Court for the District of Rhode Island, which held that 11 U.S.C. § 506(b) governed and that it could recover prepayment penalties only if they were reasonable; it further affirmed a bankruptcy court's determination that they were not.
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