- 11 U.S.C.
In re Everett
Jul
15
2013
Ruling
Relief from stay granted due to eight month arrearage on mortgage which debtor showed no evidence of being able to cure.
Procedural posture
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.
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Court
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In re Kramer
Jul
12
2013
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.
Procedural posture
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).
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Court
:
- 11 U.S.C.
Murphy v. Felice (In re Felice)
Jun
12
2013
Ruling
Debtor's interest in family trust with spendthrift clause was not property of the estate.
Procedural posture
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.
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Court
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In re Cranney
May
30
2013
Ruling
Chapter 11 trustee appointed in case due to diminution of estate.
Procedural posture
United States Trustee (UST) moved under 11 U.S.C.S. § 1112(b) to convert the joint chapter 11 case of debtors for cause.
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Court
:
- 11 U.S.C.
Bolton v. Kenneally (In re Kenneally)
May
24
2013
Ruling
Debt to debtor's divorce attorney was nondischargeable due to false representation of intention to honor promise to pay fees.
Procedural posture
In an adversary proceeding, plaintiff law firm sought a determination that a debt for legal fees owed to the firm for its representation of defendant debtor during the latter's divorce proceeding was excepted from discharge. The firm contended that the debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) as a debt arising from false representations and false pretenses.
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Court
:
- 11 U.S.C.
Follo v. Morency (In re Morency)
Apr
02
2013
Ruling
Judgment claim by purchaser of debtor's inn, based on fraud, was dischargeable absent necessary findings by state court.
Procedural posture
Creditors sought a determination that their claim against chapter 7 debtor was excepted from discharge under 11 U.S.C.S. § 523(a)(2)(A) and (B), and (a)(6), on the basis of the issue- preclusive effect of a Vermont judgment in favor of creditors and against debtor for common-law fraud and violations of the Vermont Consumer Fraud Act.
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Court
:
- 11 U.S.C.
Brady-Zell v. Brady-Zell
Apr
02
2013
Ruling
Debt owed to divorce lawyer was dischargeable absent evidence of false representation.
Procedural posture
Attorney filed an adversary proceedings against chapter 7 debtor, seeking a determination that the debtor owed her a debt for legal fees and expenses that was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A). The case was tried to the court.
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Court
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In re Shaw
Feb
20
2013
Ruling
Claim for postpetition taxes allowed as administrative expense claim.
Procedural posture
Chapter 11 debtors objected to the claim of the IRS for payment of unpaid taxes. The IRS filed a motion for payment of postpetition taxes as administrative expenses. The debtors asked the court to determine under 11 U.S.C.S. § 506(a) that no portion of the IRS's claim was secured.
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Court
:
- 11 U.S.C.
Damas v. United States (In re Damas)
Jan
06
2013
Ruling
Debtor not entitled to recover offset of Social Security payments.
Issue(s)
Were debtors entitled to recover three setoffs of Social Security disability benefits in partial satisfaction of debt owed on account of earlier benefit overpayments.
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Court
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Old Republic Natl Title Ins. Co. v. Levasseur (In re Levasseur)
Oct
29
2012
Ruling
Debt based on debtor's willful withdrawal of funds from closed equity line of credit was nondischargeable.
Procedural posture
The assignee of a state court judgment against debtor arising out of her wrongful conduct in withdrawing funds from a closed equity line of credit (LOC), sought a determination that the resulting debt was nondischargeable per 11 U.S.C.S. § 523(a). Plaintiff also sought orders sustaining its objections per 11 U.S.C.S. § 522(l) to debtor's claim of exemption and to debtor's motion per § 522(f) to avoid its judicial lien.
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Court
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