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Judge Bailey

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

Blais, In re--Margis v. Blais

Ruling: 
Debt was excepted from discharge because creditor has failed to establish at least one of thefive elements required by § 727(a)(4)(A) for each of th eleven alleged false oaths. (Bankr. D.Mass.)
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Consumer case opionion summary, case decided on February 15,2017, LexisNexis #0317-081

Vil v. Poteau (In re Poteau)

Ruling: 
Debtor entitled to attorneys’ fees incurred in connection with creditor’s violation of dischargeinjunction. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on November 28,2016, LexisNexis #1216-106

In re Kim

Ruling: 
Debtor and creditor both relieved of obligations to pay each other equal amounts under priorcourt orders (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on August 11,2016, LexisNexis #0916-004

Lassman v. Sergio (In re Sergio)

Ruling: 
Trustee’s unfounded avoidance proceeding dismissed with prejudice.
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Consumer case opionion summary, case decided on June 20,2016, LexisNexis #0716-051

Grossman v. Wells Fargo Bank N.A. (In re Thompson)

Ruling: 
Trustee could not avoid a mortgage that was validly acknowledged under state law.
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Consumer case opionion summary, case decided on May 12,2016, LexisNexis #0616-020

Grossman v. Bonefant (In re Bonefant)

Ruling: 
Fraudulent transfers could be avoided but could be recovered only to the extent not repaid prior to the petition date.
ABI Membership is required to access the full summary of Grossman v. Bonefant (In re Bonefant). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 29,2016, LexisNexis #0416-089

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