Judge Feeney

Chaves v. Ruhland (In re Ruhland)

Creditor, a former employee of debtor husband, filed an adversary complain to except from discharge a debt of approximately $40,000 pursuant to 11 U.S.C.S. § 523(a)(6). The debt arose from a judgment against the debtor for unpaid wages under Mass. Gen. Laws ch. 149, §§ 27C and 148.
Ruling: 
Judgment debt for willful and malicious failure to pay timely wages was nondischargeable.
ABI Membership is required to access the full summary of Chaves v. Ruhland (In re Ruhland). 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 March 14,2013, LexisNexis #0413-085

In re Cullen

Bank sought summary judgment on its claim that a loan modification agreement (LMA) did not operate to absolutely release debtor from his obligation under an unlimited personal guaranty of the underlying loan and that the conditions to release were not met. At issue was the fate of debtor's objection to the bank's $205,140 proof of claim (POC) in debtor's chapter 13 and of the bank's objection to confirmation of a proposed chapter 13 plan.
Ruling: 
Bank's proof of claim allowed as loan modification did not release debtor's obligation under guaranty.
ABI Membership is required to access the full summary of In re Cullen. 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 January 14,2013, LexisNexis #0213-010

Hovey v. Vale Realty Trust (In re Hovey)

Chapter 13 debtor and her non-debtor common law husband sought relief from the actions of their landlord and its trustee, who had moved for relief from the automatic stay for cause to proceed with summary eviction proceedings against debtor and spouse in the state court. Landlord also dismissal of the debtor's chapter 13 case with prejudice due to her delay and her bad faith in filing of serial prior bankruptcy filings.
Ruling: 
Landlord granted partial relief from stay to pursue eviction against debtor and common law spouse.
ABI Membership is required to access the full summary of Hovey v. Vale Realty Trust (In re Hovey). 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 December 14,2012, LexisNexis #0113-005

Rossman v. United States (In re Rossman)

Chapter 7 debtor filed a complaint against the IRS for a determination of dischargeability of indebtedness pursuant to 11 U.S.C.S. § 523(a)(1)(C), seeking a judgment determining that assessed but unpaid federal income tax liabilities for the tax year 1986 and the assessed and unassessed interest and penalties with respect to those tax liabilities were dischargeable in his bankruptcy case.
Ruling: 
Assessed but unpaid income tax liability was nondischargeable along with interest that was not challenged by debtor.
ABI Membership is required to access the full summary of Rossman v. United States (In re Rossman). 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 December 05,2012, LexisNexis #1212-117

In re Invent Res. Inc.

An involuntary chapter 7 bankruptcy petition was filed against debtor corporation in 2010, and the court entered an order of relief and appointed an attorney to serve as trustee. The trustee retained his law firm to provide legal services to the debtor's bankruptcy estate, and in 2012 he filed an application seeking an interim payment of his commission and fees and expenses for his law firm. One of the debtor's shareholders filed an objection.
Ruling: 
Trustee's application for payment of interim commission allowed due to obtaining sufficient funds to pay all claims in full as well as shareholder dividends.
ABI Membership is required to access the full summary of In re Invent Res. Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 05,2012, LexisNexis #1112-107

Belforte v. Belforte

Plaintiff credit union filed a complaint against defendant chapter 13 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(8). The parties filed a joint motion in which they requested the court to make findings of fact and conclusions of law based upon stipulated facts and waived their right to a trial on the merits. The court treated the motion as cross- motions for summary judgment.
Ruling: 
Loan used for educational purposes, per debtor's handwritten note, was nondischargeable.
ABI Membership is required to access the full summary of Belforte v. Belforte. 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 October 01,2012, LexisNexis #1012-129

In re Wolverine Proctor & Schwartz LLC

Before the court was the chapter 7 Trustee's final report and various requests for compensation pursuant to 11 U.S.C.S. § 330 from professionals who assisted the Trustee with litigation. A claimant objected to the report and compensation requests.
Ruling: 
Compensation application of attorneys that assisted trustee approved with reduction for excessive litigation fees.
ABI Membership is required to access the full summary of In re Wolverine Proctor & Schwartz LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 10,2012, LexisNexis #1012-040

Robin Singh Educ. Servs. v. McCarthy (In re McCarthy)

Plaintiff creditor filed an adverse action against defendant debtor, objecting to the debtor's discharge under 11 U.S.C.S. §§ 727(a)(3), 727(a)(4), and 727(a)(2)(B).
Ruling: 
Discharge denied due to false oath which could not be excused by debtor's attention deficit hyperactivity disorder.
ABI Membership is required to access the full summary of Robin Singh Educ. Servs. v. McCarthy (In re McCarthy). 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 August 27,2012, LexisNexis #0912-090

Lacourse Builders LLC v. DAnello (In re DAnello)

Plaintiff LLC, as a member of a construction company, sought a nondischargeability judgment per 11 U.S.C.S. § 523(a)(4) as to a debt owed by defendant debtor in connection with his activities as a member of a joint venture between debtor, plaintiff and other related parties. Plaintiff sought that ruling based on claims that debtor had breached fiduciary duties and/or had embezzled funds.
Ruling: 
LLC's claim against debtor manager was nondischargeable on grounds of embezzlement.
ABI Membership is required to access the full summary of Lacourse Builders LLC v. DAnello (In re DAnello). 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 August 07,2012, LexisNexis #0812-120

In re Corbett

Assignee of a judgment creditor filed an objection to an exemption asserted by debtor pursuant to 11 U.S.C.S. § 522(o) with respect to his residence. A state court had previously set aside transfers of the residence to a trust and to debtor's spouse for little or no consideration. Debtor also claimed as exempt a payment of $350,000 he had paid on the judgment pursuant to a settlement agreement between the parties.
Ruling: 
Objection to exemption in debtor's residence overruled absent evidence of intent to hinder, delay or defraud creditor.
ABI Membership is required to access the full summary of In re Corbett. 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 July 30,2012, LexisNexis #0812-079

Pages

Subscribe to Judge Feeney