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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.)
Issue(s)
Exemptions; Choice Between Federal and State Law.

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Consumer opinion 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.)
Issue(s)
Effect of Discharge.

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Consumer opinion 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.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In or Related to Cases Under Title 11.

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Commercial opinion 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.)
Issue(s)
Discharge; Debts Affected.

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Consumer opinion summary, case decided on April 05, 2017 , LexisNexis #0517-057

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.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on February 15, 2017 , LexisNexis #0317-081

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.)
Issue(s)
Determination of Tax Liability; The Role Of The Court; Bankruptcy Court.

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Consumer opinion summary, case decided on February 14, 2017 , LexisNexis #0317-067

Vil v. Poteau (In re Poteau)

Ruling
Debtor entitled to attorneys’ fees incurred in connection with creditor’s violation of dischargeinjunction. (Bankr. D. Mass.)
Issue(s)
Effect of Discharge.

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Consumer opinion 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.)
Issue(s)
Should prior orders for payments from debtor and creditor be enforced?

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Consumer opinion 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.
Issue(s)
Could a trustee avoid an alleged prepetition fraudulent transfer of the debtor's interest in certain real property?

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Consumer opinion 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.
Issue(s)
Could trustee avoid a mortgage as being recorded with two allegedly insufficient acknowledgements?

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Consumer opinion summary, case decided on May 12, 2016 , LexisNexis #0616-020