Judge Bailey

Ackerman, In re--Ackerman v. Ackerman

Ruling: 
Debtor's liability to trust was excepted from discharge as appropriations of trust monies topay personal expenses and to fund acquisitions or development of properties for his ownbenefit were defalcations while acting in a fiduciary capacity. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on June 25,2018, LexisNexis #0818-009

Ackerman, In re--Ackerman v. Ackerman

Ruling: 
Debtor's liability to trust was excepted from discharge as appropriations of trust monies topay personal expenses and to fund acquisitions or development of properties for his ownbenefit were defalcations while acting in a fiduciary capacity. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on June 25,2018, LexisNexis #0818-009

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

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

Charles St. African Methodist Episcopal Church of Boston, In re

Ruling: 
Court confirmed church's plan as it was proposed in good faith and it is designed to allow thechurch to continue operating on a stable financial foundation for the benefit of all itscreditors. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on December 14,2017, LexisNexis #0118-086

Drumheller, In re

Ruling: 
Trustee's objection to claim of exemption for an annuity was premature and moot as thedebtor never transferred the annuity and never borrowed against it. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on October 04,2017, LexisNexis #1117-045

McCarthy, In re

Ruling: 
Court awarded debtors attorney's fees and costs for Massachusetts Department of Revenue'sviolation of the discharge injunction. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on October 03,2017, LexisNexis #1117-052

Charles St. African Methodist Episcopal Church of Bos., In re

Ruling: 
Abstention from adjudicating the attorney's lien disputes not warranted as attorney's liendisputes were not core proceedings. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on August 16,2017, LexisNexis #0917-088

Reardon, In re--Reardon v. Reardon

Ruling: 
Liability under only one of two guarantees discharged as debtors failed to establish that the first guaranty was restricted or that obligations thereunder otherwise arose before the date of their bankruptcy filing. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 05,2017, LexisNexis #0517-057

Mahon, In re--Mahon v. IRS

Ruling: 
Bankruptcy court was not prohibited from adjudicating IRS's Overpayment Count as theclaim did not require the court to determine a tax, a fine or penalty, or an addition to tax.(Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 14,2017, LexisNexis #0317-067

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