Judge Bailey

Western Union Fin. Servs. v. Lugo (In re Lugo)

Ruling: 
Debt was nondischargeable due to willful and malicious misappropriation of funds.
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Consumer case opionion summary, case decided on October 03,2013, LexisNexis #1013-083

In re Charles St. African Methodist Episcopal Church of Boston

Ruling: 
Confirmation denied due to feasibility concerns and examiner appointed.
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Commercial case opionion summary, case decided on October 02,2013, LexisNexis #1013-100

Morgan Keegan & Co. v. Swan (In re Swan)

Ruling: 
Material misrepresentations of income and net worth established nondischargeability of debt.
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Consumer case opionion summary, case decided on October 02,2013, LexisNexis #1013-085

In re Charles St. African Methodist Episcopal Church of Boston

Ruling: 
Creditor sanctioned for circulating own plan during exclusivity period.
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Commercial case opionion summary, case decided on October 02,2013, LexisNexis #1013-097

Smith v. United States Dept of Educ. (In re Smith)

Ruling: 
Second student loan incurred to pay for debtor's son's education was dischargeable due to insufficient income to make payments.
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Consumer case opionion summary, case decided on October 01,2013, LexisNexis #1013-087

In re Garajau

Ruling: 
Debtor was not required to amend confirmed plan following appreciation in property value.
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Consumer case opionion summary, case decided on September 30,2013, LexisNexis #1013-103

Irving Tanning Co. v. Maine Superintendent of Ins.

Ruling: 
Confirmation properly denied due to discharge of liabilities of guarantors and accelerating deadlines for filing of workers' compensation claims.
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Commercial case opionion summary, case decided on August 15,2013, LexisNexis #0913-061

In re Everett

A debtor filed her chapter 13 bankruptcy petition to avert a foreclosure sale scheduled by the creditor. The creditor filed a proof of claim. The debtor filed an objection to the creditor's proof of claim. The debtor filed a plan. The creditor objected to confirmation of the debtor's plan for grossly understating the extent of the arrearage it purported to cure. The creditor filed a motion for relief from the automatic stay.
Ruling: 
Relief from stay granted due to eight month arrearage on mortgage which debtor showed no evidence of being able to cure.
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Consumer case opionion summary, case decided on July 15,2013, LexisNexis #0813-047

In re Kramer

A chapter 13 trustee objected to confirmation of the debtors' plan on the grounds that the plan failed to direct all available projected disposable income to payment of creditors and on the grounds that they understated their projected disposable income and consequently, the plan did not satisfy the best efforts test of 11 U.S.C.S. § 1325(b)(1)(B).
Ruling: 
Chapter 13 debtor's deduction for payments on second mortgage to be treated as unsecured had to be excluded from projected disposable income calculation.
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Consumer case opionion summary, case decided on July 12,2013, LexisNexis #0813-068

Murphy v. Felice (In re Felice)

Defendant chapter 7 debtor filed a motion for determination that his beneficial interest in a family trust, which owned certain real property, was not property of the bankruptcy estate by virtue of a spendthrift clause. Plaintiff chapter 7 trustee filed a motion for summary judgment that argued that the spendthrift clause in the trust was unenforceable as to the debtor's creditors under Massachusetts law because the trust was self-settled.
Ruling: 
Debtor's interest in family trust with spendthrift clause was not property of the estate.
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Consumer case opionion summary, case decided on June 12,2013, LexisNexis #0713-020

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