Deeter, In re
Sep
30
2024
Ruling
Dismissal of Chapter 13 case denied absent evidence that debtor filed her bankruptcy case in bad faith. (Bankr. D. Mass.)
Issue(s)
Conversion or Dismissal; For Cause.
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Court
:
Goodin, In re--LeBel v. Goodin
Aug
22
2024
Ruling
Plaintiff failed to establish that the loan repayment involved an intent to defraud plaintiff as the transfer made was a one-time repayment to an individual that was not an insider, and was in repayment of a loan as opposed to a gift. (Bankr. D. Mass.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
Gillis, In re
Aug
13
2024
Ruling
Undisclosed personal injury claims provided no basis for reopening after debtors completedpayments under Chapter 13 plans and received discharges. (Bankr. D. Mass.)
Issue(s)
Effect of Confirmation; Vesting of Property in Estate of Debtor.
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Taing, In re
Aug
12
2024
Ruling
Creditors' objections based on lack of privity of contract overruled as their claims could betreated through debtor's plan. (Bankr. D. Mass.)
Issue(s)
Confirmation of Plan; Requirements.
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Court
:
- 11 U.S.C.
Fuller, In re
Jun
25
2024
Ruling
Debtor's appeal was barred by res judicata as the parties were identical and claims anddefenses litigated and decided in housing court were the same or sufficiently similar. (Bankr.D. Mass.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Court
:
Ansin, In re--Ansin v. Ansin
Jun
12
2024
Ruling
Motion to convert debtor’s Chapter 7 case to Chapter 13 was properly denied due to failure tomake a prima facie showing of sufficiently stable and regular income. (B.A.P. 1st Cir.)
Issue(s)
Who May Be a Debtor; Chapter 13.
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Court
:
Judge or Jurisdiction information not available
NESV Ice, LLC, In re
Apr
15
2024
Ruling
Subordinate lender could vote to accept a joint plan of reorganization as it was neither aninsider nor a non-statutory insider and the subordination agreement did not authorize thesenior lender to vote its claim. (Bankr. D. Mass.)
Issue(s)
Confirmation of Plan; Requirements.
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Court
:
- 11 U.S.C.
Kaloyanides, In re--Kaloyanides v. B.C. Produce, Inc.
Apr
15
2024
Ruling
Debtor was entitled to summary judgment in proceeding claiming that debtor committed adefalcation while acting in fiduciary capacity. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
- 11 U.S.C.
MPAC Home Improvement & Constr., LLC, In re--Goldsmith v. O'Beirne
Apr
01
2024
Ruling
Motion to dismiss denied given evidence that debtor intended to hinder, delay, or defraudcreditors. (Bankr. D. Mass.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
National Fish & Seafood, Inc., In re--Desmond v. Northern Ocean Liquidating Corp.
Apr
01
2024
Ruling
Changes in payment terms and timing of payment and the collection activities were inkeeping with long historical relationship between debtor and supplier and not grounds foravoidance on preference grounds. (Bankr. D. Mass.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
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