Judge Kornreich

In re Davenport

Debtor was over 60. He sought to avoid a creditor's judicial lien under 11 U.S.C.S. § 522(f) of the Bankruptcy Code because it impaired his exemption. The creditor objected to debtor's age-enhanced exemption claim and to his request to avoid her lien. The court's decision was pending.
Ruling: 
Judicial lien avoided as impairing debtor's state residence exemption.
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Consumer case opionion summary, case decided on January 12,2011, LexisNexis #0211-048

Gourdin v. Agin (In re Gourdin)

Appellee, the chapter 7 trustee, objected to appellant debtor's claim of a homestead exemption in his former marital residence under Massachusetts law on grounds that the state probate court had divested the debtor of his interest in that property in a divorce action prior to bankruptcy. This appeal by debtor was from the order of the U.S. Bankruptcy Court for the District of Massachusetts sustaining the trustee's objection.
Ruling: 
Debtor had no homestead exemption in future proceeds of sale of property of which debtor was divested in divorce proceeding.
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Consumer case opionion summary, case decided on June 17,2010, LexisNexis #0810-125

Stevenson v. Bankowski (In re Stevenson)

After the dismissal of appellant debtor's chapter 13 case, appellee trustee moved for an order to disburse the debtor's undistributed plan payments. The debtor objected and requested a refund. The Bankruptcy Court for the District of Massachusetts denied the refund request on the ground that the debtor failed to appear at the hearing and ordered the funds distributed to appellee administrative claimant. The debtor appealed.
Ruling: 
Order for disbursement of undistributed chapter 13 plan payments to administrative creditor after dismissal of claim upheld.
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Consumer case opionion summary, case decided on February 10,2009, LexisNexis #0309-096

Winslow v. Salem Five Mortg. Co. LLC (In re Winslow)

Plaintiff debtor sought damages from defendant creditor for violation of the discharge injunction under 11 U.S.C.S. § 524(a)(2). She alleged that the creditor, a mortgage company, published inaccurate credit reports and issued improper default notices.
Ruling: 
Creditor violated discharge injunction by publishing inaccurate credit report.
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Consumer case opionion summary, case decided on July 30,2008, LexisNexis #1208-066

B-Real LLC v. Melillo (In re Melillo)

Appellant, a limited liability company (LLC), sought review of a decision of the United States Bankruptcy Court for the District of Massachusetts, which sustained an objection to a proof of claim filed by appellee chapter 13 debtors, finding that the LLC failed to produce evidence of assignment or authority with respect to a credit card obligation allegedly owed by the debtors.
Ruling: 
Bankruptcy court properly disallowed claim of assignee of debtor's credit card debt due to insufficient documentation.
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Consumer case opionion summary, case decided on July 08,2008, LexisNexis #0808-042

Young v. Camelot Homes Inc. (In re Young)

Plaintiff bankruptcy debtors, a husband and his wife, had separate chapter 13 cases under joint administration. The debtors brought an adversary proceeding against defendant judgment creditor seeking to bifurcate the creditor's claim into secured and unsecured claims and to avoid the creditor's judgment lien on exempt property. The debtors moved for summary judgment.
Ruling: 
Bifurcation of claims secured by storage facility, residence and vehicles into secured and unsecured claims granted.
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Consumer case opionion summary, case decided on July 02,2008, LexisNexis #0908-048

Miranda v. Doral Fin. Corp. (In re Marrero)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant creditor, claiming that a mortgage the creditor held on a Chapter 7 debtor's residence was avoidable under 11 U.S.C. § 549. The U.S. Bankruptcy Court for the District of Puerto Rico awarded the trustee summary judgment and subsequently overruled the creditor's objections to the trustee's notice of intent to sell the debtor's residence. The creditor appealed.
Ruling: 
Postpetition refinance obtained without leave of court could be avoided by trustee.
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Consumer case opionion summary, case decided on January 22,2008, LexisNexis #0208-138

In re Dilley

An involuntary petition in bankruptcy was filed against the debtor in court. The trustee gave notice of his intention to abandon all of the property placed in trust by the debtor for the benefit of his three children, pursuant to 11 U.S.C. § 554. Two conservators for two of the children and the estate of the debtor's late wife objected to the abandonment.
Ruling: 
Trustee could abandon property placed in trust for children of involuntary debtor who billed estranged wife and mother.
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Consumer case opionion summary, case decided on November 08,2007, LexisNexis #1207-136

In re Dilley

Chapter 7 debtor filed a motion to dismiss the involuntary chapter 7 petition filed against the debtor pursuant to 11 U.S.C. § 303(b)(1) by petitioners, the estate of his deceased wife and the conservator for each of her two surviving children. The court treated the motion as one for summary judgment because matters outside the pleadings were offered for consideration. Debtor also filed a request for abstention.
Ruling: 
Debtor's not guilty plea in criminal homicide case raised liability dispute warranting dismissal of an involuntary chapter 7 case filed by the deceased's estate and children.
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