Judge Feeney

Fustolo, In re--Patriot Grp., LLC v. Fustolo

Ruling: 
Discharge was denied as it was established that the debtor transferred his business model to anew entity in an attempt to defraud creditors. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 04,2019, LexisNexis #0319-042

Marshall, In re

Ruling: 
Reconversion to chapter 13 was denied as the plan modification could not provide for payments over a period that expired after the applicable commitment period. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on September 20,2018, LexisNexis #1118-058

Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.

Ruling: 
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-019

Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.

Ruling: 
Trustee was not allowed to avoid a payment the debtor made to the manufacturer as themanufacturer provided new value when it delivered custom-made race blocks after thepayment. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-019

Luciani, In re--Agin v. Grasso

Ruling: 
Trustees' motion to dismiss granted in part where plaintiff failed to state a plausible claimfor relief as his allegation of actual intent to defraud is insufficient. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on May 02,2018, LexisNexis #0618-016

A. Hirsch Realty, LLC, In re

Ruling: 
Waiver of the protection of the automatic stay constituted cause for relief from stay. (Bankr. D.Mass.)
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Commercial case opionion summary, case decided on April 13,2018, LexisNexis #0518-069

Spenlinhauer, In re

Ruling: 
Court concluded that trustee has demonstrated excusable neglect in failing to oppose dismissal where the deadline for filing a response was short and compliance with the court's order to show cause was not directed to the trustee. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 05,2018, LexisNexis #0518-060

Corbett, In re

Ruling: 
Purchaser's status as a good faith purchaser was not challenged explicitly by the parties, thus making the said sale effectively immune from challenge. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 12,2018, LexisNexis #0318-096

Thorpe, In re

Ruling: 
Chapter 7 trustee's objection to the attorney's amended proof of claim was sustained asattorney did not have a written fee agreement with debtor and thus could only recover on aquantum meruit theory (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 09,2009, LexisNexis #0318-028

Thorpe, In re

Ruling: 
Chapter 7 trustee's objection to the attorney's amended proof of claim was sustained asattorney did not have a written fee agreement with debtor and thus could only recover on aquantum meruit theory (Bankr. D. Mass.)
ABI Membership is required to access the full summary of Thorpe, In re. 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 April 09,2009, LexisNexis #0318-028

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