Skip to main content

Page Banner(Taxonomy)

judge bailey

Tufts, In re

Ruling
Chapter 7 debtor’s objection to claim sustained as the debts belonged to a non-debtorcorporation and were not the obligation of the debtor. (Bankr. D. Mass.)
Issue(s)
Allowance of Claims or Interests; Disallowance.

ABI Membership is required to access the full summary of Tufts, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 31, 2022 , LexisNexis #0722-080

McGinn, In re--Eno v. McGinn

Ruling
Judgment debt was excepted from discharge due to debtor's willfulness in running overdecedent with motor vehicle. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of McGinn, In re--Eno v. McGinn Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 28, 2022 , LexisNexis #0422-065

Pittner, In re

Ruling
Debtor’s knowing and deliberate failure to comply with bankruptcy court order was cause forconversion or dismissal. (Bankr. D. Mass.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; Unusual

ABI Membership is required to access the full summary of Pittner, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 04, 2022 , LexisNexis #0322-096

Watkinson, In re

Ruling
Debtor's objection to proof of claim was overruled as she failed to substantiate her contentionsas to failure to attach writings under Rule 3001(c)(1). (Bankr. D. Mass.)
Issue(s)
Proof of Claim; Supporting Information; Claim Based on a Writing.

ABI Membership is required to access the full summary of Watkinson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 24, 2022 , LexisNexis #0322-075

Fautz, In re--Weiss v. Fautz

Ruling
Judgment debts were excepted from discharge due to debtor's false representations. (Bankr. D.Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Fautz, In re--Weiss v. Fautz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 10, 2022 , LexisNexis #0222-086

Garcia v. Garcia

Ruling
Nondischargeability complaint dismissed as plaintiff did not establish that debtor made anymisrepresentation, either by affirmative statement or omission, regarding constructionpermits. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Garcia v. Garcia Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 25, 2021 , LexisNexis #1021-037

Corda, In re--Desmond v. Corda

Ruling
Debtor was not entitled to summary judgment on Trustee's turnover claim as there was agenuine dispute of material fact on the issue of whether debtor was in possession, custody,or control of sale proceeds. (Bankr. D. Mass.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

ABI Membership is required to access the full summary of Corda, In re--Desmond v. Corda Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 18, 2021 , LexisNexis #1021-011

Minkina, In re

Ruling
Chapter 13 debtor was entitled to avoidance of a judicial lien against her residence in itsentirety because the lien impaired the homestead exemption to which she was entitled. (Bankr.D. Mass.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

ABI Membership is required to access the full summary of Minkina, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 28, 2021 , LexisNexis #0921-035

Gallagher, In re--Cooper v. Gallagher

Ruling
Creditor failed to carry burden of establishing the requirements of nondischargeability asdebtor contractor complied with state law and was not obligated to disclose any permit inconjunction with this project. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Gallagher, In re--Cooper v. Gallagher Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 08, 2021 , LexisNexis #0821-064

Brown, In re

Ruling
Dismissal was warranted based on Chapter 11 debtor's failure to pay quarterly fees or submitthe quarterly reports required by the confirmed plan. (Bankr. D. Mass.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

ABI Membership is required to access the full summary of Brown, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 28, 2021 , LexisNexis #0821-041