- 11 U.S.C.
Lassman v. Giovanello (In re Odell)
Aug
06
2014
Ruling
Forgiveness of debt was not a fraudulent transfer given mutual consideration.
Issue(s)
Was forgiveness of debt on a promissory note an avoidable fraudulent transfer?
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Court
:
- 11 U.S.C.
Debenedictis v. Dougherty (In re Dougherty)
Mar
11
2014
Ruling
Debt to former divorce counsel was dischargeable absent proof of misrepresentation or conversion.
Issue(s)
Was debt to debtor's former divorce counsel for legal fees excepted from discharge?
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Court
:
- 11 U.S.C.
In re Dalezios
Mar
07
2014
Ruling
Debtor could not reopen case to list additional creditors where failure to list was not innocent and was prejudicial.
Issue(s)
Could debtor reopen no-asset case to list additional creditors?
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Court
:
- 11 U.S.C.
Laudani v. Wells Fargo (In re Laudani)
Mar
03
2014
Ruling
Violation of discharge injunction should properly be pursued by motion rather than in adversary proceeding.
Issue(s)
Did debtor have a private right of action for violation of the discharge injunction?
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Court
:
- 11 U.S.C.
Casey v. Schneider (In re Behan)
Feb
25
2014
Ruling
Debtor's power of appointment as beneficiary of trust was property of the estate.
Issue(s)
Whether debtor's unexercised power of appointment as a beneficiary of a trust was property of the estate and rendered spendthrift provision set forth in the trust invalid and unenforceable?
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Court
:
- 11 U.S.C.
TD Bank v. LaPointe (In re LaPointe)
Feb
24
2014
Ruling
Bankruptcy court should have granted relief from stay where mortgagee's foreclosure was completed prepetition under state law.
Issue(s)
Whether court erred by denying bank's motion for stay relief based upon its interpretation of 11 U.S.C.S. § 1322(c)(1).
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Lindsay Lampasona LLC
Feb
11
2014
Ruling
Settlement of avoidance proceeding approved in order to spare obstacles and expense of litigation to the estate.
Issue(s)
Whether a chapter 7 trustee's motion to approve settlement of an estate's claims under U.S.C.S. §§ 544 and 548 and Mass. Gen. Laws ch. 109A should be approved over objections of interested parties.
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Court
:
- 11 U.S.C.
United States Dept of Educ. V. Western New England Univ. (In re Ablavsky)
Jan
23
2014
Ruling
Debtor suffering from numerous mental disorders entitled to undue hardship discharge of student loan debt.
Issue(s)
Was debtor entitled to undue hardship discharge of student loan debt due to severe bipolar disorder, generalized anxiety disorder, post-traumatic stress disorder, and right hemisphere syndrome, which prevented him from obtaining meaningful employment.
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Court
:
- 11 U.S.C.
In re Ryan
Dec
30
2013
Ruling
Tax debt for years in which debtor's counsel did not submit return, as prior counsel had done, was nondischargeable.
Issue(s)
Was debtor's tax debt for years in which debtor allegedly failed to file returns nondischargeable.
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Court
:
- 11 U.S.C.
Ruggere-Odell v. Giovanello
Nov
06
2013
Ruling
Forgiveness of mortgage on residence transferred to relatives was not fraudulent as debtors were not insolvent as a result.
Issue(s)
Was agreement between the debtors and the relatives pursuant to which the Debtors forgave the Defendants' debt evidenced by an unrecorded mortgage a fraudulent transfer.
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Court
: