Massachusetts

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

Dyer, In re--Jones v. Dyer

Ruling: 
Court deemed that no debt arose that could be determined to be nondischargeable under §523(a)(4) and (6) as debtor did not have a fiduciary duty to the father of his wife. (Bankr. D.Mass.)
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Consumer case opionion summary, case decided on February 08,2018, LexisNexis #0318-070

Reale, In re--USAlliance Fed. Credit Union v. Reale

Ruling: 
Debtor's obligation to credit union was not discharged as the misrepresentations andomissions in the debtor's loan applications were made with intent to deceive. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 01,2018, LexisNexis #0318-039

Thorpe, In re

Ruling: 
Chapter 7 trustee's objection to the attorney's amended proof of claim was sustained asattorney did not have a written fee agreement with debtor and thus could only recover on aquantum meruit theory (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 09,2009, LexisNexis #0318-028

Thorpe, In re

Ruling: 
Chapter 7 trustee's objection to the attorney's amended proof of claim was sustained asattorney did not have a written fee agreement with debtor and thus could only recover on aquantum meruit theory (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 09,2009, LexisNexis #0318-028

Cowles, In re--Me. Coast Shellfish, LLC v. Cowles

Ruling: 
Debts deemed nondischargeable as the debtor committed actual fraud by collecting payments for his fictitious service and company. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on December 15,2017, LexisNexis #0218-043

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