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Judge Kornreich

In re Lane

Ruling: 
Evidentiary hearing was necessary to determine if former spouse's claim was a nondischargeable domestic support obligation.
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Consumer case opionion summary, case decided on July 14,2014, LexisNexis #0814-036

In re Eldorado Canyon Props. LLC

Ruling: 
Case properly dismissed for debtor's failure to file documents and information before expiration of court imposed deadline.
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Commercial case opionion summary, case decided on February 25,2014, LexisNexis #0314-079

Gentile v. DiGiacomo (In re Gentile)

Debtors filed a voluntary petition under chapter 7 of the United States Bankruptcy Code. The trustee's motions to sell four investment properties under 11 U.S.C.S. § 363 was granted by the United States Bankruptcy Court for the District of Massachusetts. The debtors' motion for reconsideration was denied. The debtors appealed. The bankruptcy court granted the debtors' request for a stay pending appeal.
Ruling: 
Debtors' appeal of denial of reconsideration of sale order dismissed for lack of standing.
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Consumer case opionion summary, case decided on May 20,2013, LexisNexis #0613-042

Randall v. United States Bank (In re Randall)

In this adversary proceeding plaintiff debtors sought a determination of the validity of defendant bank's secured claim. Debtors and the bank filed competing motions for summary judgment, Fed. R. Civ. P. 56, applicable by virtue of Fed. R. Bank. P. 7056.
Ruling: 
Bank's properly filed and documented proof of claim was prima facie evidence of the claim's validity.
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Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-134

Stowe v. Stowe

Creditor sought a nondischargeability determination under 11 U.S.C.S. § 523(a)(2)(A) and (a)(4). Relying on the res judicata effect of a state court final order, the creditor filed a motion for summary judgment.
Ruling: 
State court judgment based on larceny and embezzlement was nondischargeable.
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Consumer case opionion summary, case decided on December 07,2012, LexisNexis #0113-015

In re Irving Tanning Co.

The court's memorandum contained findings of fact and conclusions of law pursuant to Fed. R. Bankr. P. 7052 on debtors' contested joint plan of reorganization in these jointly administered chapter 11 cases and a related adversary proceeding. Several parties (the "Objecting Parties") objected to the proposed use of the Self-Insurance Funds and opposed the Self-Insurance Channeling Injunction.
Ruling: 
Confirmation denied on feasibility grounds.
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Commercial case opionion summary, case decided on August 28,2012, LexisNexis #0912-097

Ackley v. Sallie Mae Student Loans (In re Ackley)

Citing 11 U.S.C.S. § 523(a)(8), debtors, a married couple who filed a chapter 7 case, asked the court to find that they were entitled to discharge their obligations for student loans for themselves and their adult children, which loans totaled around $460,000.
Ruling: 
Elderly debtors with multiple physical ailments granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on December 23,2011, LexisNexis #0212-057

Pawtucket Credit Union v. Picchi (In re Picchi)

Creditor was the holder of a claim secured by a second mortgage against appellee debtor's two-family home. Debtor's Plan, which modified the creditor's rights as a mortgagee, was confirmed by the U.S. Bankruptcy Court for the District of Rhode Island. The creditor appealed, asserting that the bankruptcy court erred in concluding that 11 U.S.C.S. § 1322(b)(2) permitted a debtor to modify the rights of a mortgagee in a two-family home.
Ruling: 
Bankruptcy court properly held that debtor could modify rights of mortgagee in two-family home.
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Consumer case opionion summary, case decided on April 11,2011, LexisNexis #0511-029

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