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Rios Vargas, In re--Rios Vargas v. Planet Home Lending, LLC

Ruling
Amended proof of claim allowed because misidentification of creditor was a curable defect and did not show bad faith. (B.A.P. 1st Cir.)
Issue(s)
Reconsideration of Claims.

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Commercial opinion summary, case decided on August 28, 2025 , LexisNexis #1125-025

Muszynski v. Millennium Funding, Inc.

Ruling
Bankruptcy court did not abuse its discretion in finding that the debtor failed to describe exigent circumstances meriting a waiver of the credit counseling requirement. (B.A.P. 1st Cir.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Consumer opinion summary, case decided on March 07, 2025 , LexisNexis #0525-026

HH Tech. Corp. v. HH Tech. Corp.

Ruling
The Bankruptcy Code does not prohibit courts from setting joinder deadlines earlier thandismissal or relief. (B.A.P. 1st Cir.)
Issue(s)
Involuntary Cases; Joining Creditors.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 17, 2024 , LexisNexis #0824-076

Blair House Assocs., In re

Ruling
No adjustment to the amount of fees awarded was warranted as the trustee had not introducedany new evidence undermining the bad faith finding or showing that the deceased trustee'sconduct was more egregious than previously thought. (Bankr. D. Me.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.

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Commercial opinion summary, case decided on January 29, 2024 , LexisNexis #0324-054

Blair House Assocs. L.P., In re

Ruling
Trustee's motion to dismiss denied as contrary to the district court's instructions to reconsider award of fees and damages based upon evidence of prior trustee’s subjective intent. (Bankr. D. Me.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Commercial opinion summary, case decided on May 26, 2023 , LexisNexis #0723-052

Canas, In re

Ruling
Dismissal was appropriate as debtors remained in default of their plan after more than oneyear despite numerous assurances they would cure the plan arrearages. (Bankr. D. Me.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.

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Consumer opinion summary, case decided on October 18, 2022 , LexisNexis #1222-096

Riendeau v. Town of Sabattus

Ruling
Defendant who was an immediate transferee who took for value, in good faith, and withoutknowledge of the voidability of the automatic tax foreclosure of debtor’s residence grantedsummary judgment in avoidance proceeding. (Bankr. D. Me.)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on September 30, 2022 , LexisNexis #1222-044

Blair House Assocs. Ltd. P'ship, In re

Ruling
Trustee was liable to debtor for attorney's fees as it was not reasonable for the trustee tobelieve that the amounts the trust claimed that the debtor owed to it were not contingent orsubject to a bona fide dispute. (Bankr. D. Me.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees; Reasonable

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Commercial opinion summary, case decided on February 18, 2022 , LexisNexis #0422-028

U.S. Bank Trust, N.A. v. Vincent

Ruling
Court lacked jurisdiction to hear and determine the Fair Debt Collection Practices Act andstate law claims as they were not cases under the title 11 of the United States Code. (Bankr. D.Me.)
Issue(s)
Bankruptcy Cases and Proceedings; Cases Under Title 11.

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Commercial opinion summary, case decided on November 10, 2021 , LexisNexis #0122-023

O'Sullivan, In re--Casper v. O'Sullivan

Ruling
Bankruptcy court did not err in ruling the debt was not excepted from discharge as creditorfailed to demonstrate actual reliance. (B.A.P. 1st Cir.)

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 01, 2021 , LexisNexis #1021-060