Judge Feeney

Field v. Hughes-Birch (In re Hughes-Birch)

Ruling: 
Judgment based on debtor's malicious usurping of property of decedent's estate was nondischargeable.
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Consumer case opionion summary, case decided on October 09,2013, LexisNexis #1013-120

In re Danastorg

Ruling: 
Relief from stay granted pursuant to valid assignment to Mortgage Electronic Registration Systems.
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Consumer case opionion summary, case decided on September 16,2013, LexisNexis #1013-004

In re Florendo

Ruling: 
Settlement of adversary proceeding for more than value that exceeded objecting creditor's valuation of assets approved.
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Consumer case opionion summary, case decided on September 13,2013, LexisNexis #1013-035

Harris v. Boston Private Bank & Trust Co. (In re Harris)

Ruling: 
Reconversion of chapter 13 case to chapter 7 denied due to omissions and lack of feasibility of proposed plan.
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Consumer case opionion summary, case decided on August 20,2013, LexisNexis #0913-065

In re Lee

Chapter 7 trustee filed a motion for review of fees of counsel to debtors and special counsel to debtors pursuant to 11 U.S.C.S. § 329(b). Special counsel filed a fee application. The trustee objected to the debtors' claim of exemption.
Ruling: 
Counsel and special counsel to debtors ordered to disgorge due to failures in course of representation.
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Consumer case opionion summary, case decided on July 08,2013, LexisNexis #0813-002

Cowart v. Elias (In re Elias)

U.S. Trustee filed a motion to dismiss Chapter 11 debtor's case pursuant to 11 U.S.C.S. § 1112.
Ruling: 
Admission to assault and battery without finding of intentional conduct did not result in nondischargeable debt.
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Consumer case opionion summary, case decided on July 03,2013, LexisNexis #0713-120

In re Kavlakian

An attorney filed an assented to motion to allow counsel for the creditor client be paid fees and expenses, and an administrative application for legal fees for the attorney, under 11 U.S.C.S. § 503(b)(3)(B) and (b)(4). The chapter 7 trustee and the debtor objected to the application.
Ruling: 
Creditor's attorneys allowed fees only to extent assented to or benefitting the estate.
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Consumer case opionion summary, case decided on June 03,2013, LexisNexis #0613-120

Brooke-Petit v. Spagnuolo (In re Spagnuolo)

Plaintiff creditor filed a complaint against defendant debtor to determine the dischargeability of a debt pursuant to 11 U.S.C.S. § 523(a)(2) and (6). The court granted the creditor's summary judgment motion as to the count under § 523(a)(2)(A). The debtor moved to dismiss the remaining count of the complaint under § 523(a)(6).
Ruling: 
Nondischargeability proceeding dismissed where state court judgment was not based on necessary elements and factual allegations did not show intent.
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Consumer case opionion summary, case decided on May 15,2013, LexisNexis #0613-016

Petit-v. Spagnuolo (In re Spagnuolo)

Plaintiff creditor sought summary judgment on claims that defendant debtor's obligations arising out of a state court judgment for $250,000 and interest on account of his fraud in relation to a home renovation contract were nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) or § 523(a)(6). At issue was whether that judgment, which was entered on a jury verdict, collaterally estopped the debtor from contesting his liability under § 523(a)(2)(A).
Ruling: 
Judgment debt based on fraud under state home improvement contractor statute was nondischargeable pursuant to collateral estoppel.
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Consumer case opionion summary, case decided on May 15,2013, LexisNexis #0613-017

Carrion v. Rivera (In re Rivera)

Appellee bankruptcy debtors proposed a plan which provided for separate classification and full payment of an unsecured debt which was guaranteed by a relative of the debtors and minimal payment to other unsecured creditors. Appellant bankruptcy trustee appealed the order of the U.S. Bankruptcy Court for the District of Puerto Rico which confirmed the debtors' plan.
Ruling: 
Confirmation of plan providing for separate definition of guaranteed unsecured debt from other unsecured debt affirmed.
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Consumer case opionion summary, case decided on April 05,2013, LexisNexis #0513-031

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