Judge Selya

Curran, In re--Privitera v. Curran

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.)
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Consumer case opionion summary, case decided on April 20,2017, LexisNexis #0517-098

Harrington v. Simmons (In re Simmons)

Ruling: 
Discharge denied due to failure to keep records or account for loss of assets.
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Consumer case opionion summary, case decided on January 20,2016, LexisNexis #0216-093

Charbono v. Sumski (In re Charbono)

Ruling: 
Order for sanctions against debtor for failing to produce tax returns was within bankruptcy court's inherent authority.
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Consumer case opionion summary, case decided on June 15,2015, LexisNexis #0715-002

deBenedictis v. Brady-Zell (In re Brady-Zell)

Ruling: 
Bankruptcy court did not err in finding that debt was dischargeable based on inconclusivity of evidence of falsity provided by creditor attorney.
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Consumer case opionion summary, case decided on June 25,2014, LexisNexis #0714-050

Berliner v. Pappalardo (In re Sullivan)

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.
Ruling: 
Bankruptcy court properly applied lodestar method to determine attorneys' fees in relatively uncomplicated case.
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Consumer case opionion summary, case decided on March 21,2012, LexisNexis #0412-037

City Sanitation LLC v. Allied Waste Servs. Of Mass. LLC (In re American Cartage Inc.)

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.
Ruling: 
Trustee could take over commercial tort claims against debtor's former manager from purchaser of equipment that waived abandonment argument.
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Commercial case opionion summary, case decided on August 31,2011, LexisNexis #0911-105

Stornawaye Fin. Corp. v. Hill (In re Hill)

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.
Ruling: 
Debtor could claim homestead exemption in property voluntarily returned to the estate.
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Consumer case opionion summary, case decided on April 01,2009, LexisNexis #0509-028

UPS Cap. Bus. Credit v. Gencarelli (In re Gencarelli)

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.
Ruling: 
Bankruptcy court erred in disallowing claim for prepayment penalties based on standards for priority rather than allowability.
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