Judge Cary

Brown, In re--Ostrander v. Brown

Ruling: 
Bankruptcy court erred in finding that pre-petition, uncashed retirement check was notproperty of the estate. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on May 21,2020, LexisNexis #0720-018

Mollica, In re

Ruling: 
Debtor's case was dismissed with 180 day filing bar for his repeated and willful failure tocomply with court orders. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on November 14,2019, LexisNexis #1219-076

Broder, In re

Ruling: 
Confirmation of plan denied due to debtor's unreliable financial information. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on October 03,2019, LexisNexis #1119-098

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

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

Broder, In re

Ruling: 
Trustee failed to sustain his burden proving that debtor was not entitled to state lawexemptions. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on March 14,2019, LexisNexis #0519-007

Anderson, In re

Ruling: 
Creditor's motion for relief from stay was granted where court found that the filing of the casewas part of an intentional effort by debtor to prevent the creditor from completing theforeclosure sale of the property. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on November 20,2018, LexisNexis #0119-006

Rockwell, In re

Ruling: 
Cash proceeds from sale of property that remained in debtor's control as of the conversiondate were exempt and beyond the reach of the chapter 7 trustee. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-010

Rockwell, In re

Ruling: 
Cash proceeds from sale of property that remained in debtor's control as of the conversiondate were exempt and beyond the reach of the chapter 7 trustee. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-010

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

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