Massachusetts

New Eng. Confectionary Co., In re

Ruling: 
Motion to dismiss denied where trustee had standing to assert a mere instrumentality claimunder 11 U.S.C. § 544(a)(1). (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on July 19,2019, LexisNexis #0919-039

Lloyd, In re--White v. Gaffney

Ruling: 
Malpractice claims were not property of the bankruptcy estate where none of the claims raisedby the trustee had accrued pre-petition. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on June 28,2019, LexisNexis #0919-012

Blast Fitness Grp., LLC, In re--Cruickshank v. Dixon

Ruling: 
Claim for fees under a management agreement was matured and fixed as of the bankruptcyfiling date and not contingent or payable upon the occurrence of a certain future act or event.(Bankr. D. Mass.)
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Commercial case opionion summary, case decided on May 24,2019, LexisNexis #0819-010

Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.

Ruling: 
Debtor's transfers of checks to creditor were fraudulent transfers based upon the presumptionof insolvency and testimony of trustee's expert. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on April 29,2019, LexisNexis #0719-036

Blast Fitness Group, In re

Ruling: 
Motion to dismiss denied where trustee asserted a plausible claim that debtor's principal wasa beneficial or a subsequent transferee. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on April 30,2019, LexisNexis #0719-039

Walk Hill/Canterbury Dev., LLC, In re

Ruling: 
Court denied motion for an extension as debtor did not intend to file a plan of reorganizationand instead planned to seek dismissal of case after obtaining refinancing. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on April 18,2019, LexisNexis #0719-003

Unacha, In re

Ruling: 
Chapter 13 plan could be confirmed over a creditor's objection solely on the grounds that aban modification could not constitute cure. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 23,2019, LexisNexis #0619-098

Venincasa, In re

Ruling: 
Law firm's motion to lift stay denied as the firm did not hold a possessory or retaining lienover any of the funds it was holding in escrow. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 23,2019, LexisNexis #0619-084

Bt Prime v. Boston Techs. Powered

Ruling: 
Motions to dismiss denied where debtor adequately stated claims for relief and for breach offiduciary duty arising out of affiliates' transfer of debtor's assets without explanation. (Bankr.D. Mass.)
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Commercial case opionion summary, case decided on March 29,2019, LexisNexis #0519-088

Gannon, In re--McGuinness v. Gannon

Ruling: 
Debt was dischargeable as creditors failed to prove that debtor made knowingly falserepresentations or created false impressions with the intent to deceive them. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0419-010

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