Massachusetts

Maxton, In re

Ruling: 
Court deferred granting motion to dismiss debtor's case for abuse after he failed to includemeal and travel allowances, a lump sum payout, and corporate profit share in his currentmonthly income. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on May 16,2018, LexisNexis #0618-079

Schatz, In re--Schatz v. United States Dep't of Educ.

Ruling: 
Student loans were not excepted from discharge as the equity in the debtor's home wassufficient to pay the loans owed to the defendants in full. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on May 02,2018, LexisNexis #0618-014

Luciani, In re--Agin v. Grasso

Ruling: 
Trustees' motion to dismiss granted in part where plaintiff failed to state a plausible claimfor relief as his allegation of actual intent to defraud is insufficient. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on May 02,2018, LexisNexis #0618-016

Craig, In re

Ruling: 
Objection to plan was sustained where court found that the appraisal offered by debtors wasless reliable than that offered by the bank due to appraiser's mistake. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-024

A. Hirsch Realty, LLC, In re

Ruling: 
Waiver of the protection of the automatic stay constituted cause for relief from stay. (Bankr. D.Mass.)
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Commercial case opionion summary, case decided on April 13,2018, LexisNexis #0518-069

Berkland, In re

Ruling: 
Debtor was not prohibited from modifying a secured claim a mortgagee held against real property that was both the debtor's principal residence and rental property. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 06,2018, LexisNexis #0518-058

Spenlinhauer, In re

Ruling: 
Court concluded that trustee has demonstrated excusable neglect in failing to oppose dismissal where the deadline for filing a response was short and compliance with the court's order to show cause was not directed to the trustee. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 05,2018, LexisNexis #0518-060

Smith, In re--Smith v. United States Dep't of Educ.

Ruling: 
Court held that debtor met his burden of showing that his student loan debt was dischargeable under the totality of the circumstances test. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 04,2018, LexisNexis #0518-043

Thompson, In re

Ruling: 
Debtor's proposed chapter 13 plan calling for a deferred surrender of collateral was denied as it failed to satisfy three of the options available for treating the mortgage lender's secured claim. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 14,2018, LexisNexis #0318-114

Corbett, In re

Ruling: 
Purchaser's status as a good faith purchaser was not challenged explicitly by the parties, thus making the said sale effectively immune from challenge. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 12,2018, LexisNexis #0318-096

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