Apr
29
2019
Boston Grand Prix, LLC, In re--Cruickshank v. George R. Roberts Co.
Ruling:
Debtor's transfers of checks to creditor were fraudulent transfers based upon the presumptionof insolvency and testimony of trustee's expert. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on April 29,2019, LexisNexis #0719-036
Apr
18
2019
Catholic Sch. Emples. Pension Trust v. Abreu (Catholic Sch. Emples. Pension Trust)
Ruling:
Court applied proper standard for eligibility and correctly ruled that the pension trust was notformed primarily for a business purpose. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on April 18,2019, LexisNexis #0719-001
Apr
18
2019
Walk Hill/Canterbury Dev., LLC, In re
Ruling:
Court denied motion for an extension as debtor did not intend to file a plan of reorganizationand instead planned to seek dismissal of case after obtaining refinancing. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on April 18,2019, LexisNexis #0719-003
Feb
04
2019
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
Sep
20
2018
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
Aug
21
2018
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
Aug
21
2018
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
May
02
2018
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
Apr
13
2018
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
Apr
05
2018
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
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