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Judge Feeney

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.
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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.
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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.
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Consumer case opionion summary, case decided on July 30,2012, LexisNexis #0812-079

Dwyer v. Rockland Trust Co. (In re Mammola)

Chapter 11 trustee sought summary judgment on her action against creditor bank seeking a declaration that a mortgage executed by the debtor had been discharged and that post- petition payments on the mortgage were voidable pursuant to 11 U.S.C.S. § 549 and subject to turnover.
Ruling: 
Mortgage released by creditor bank's predecessor declared discharged.
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Consumer case opionion summary, case decided on June 26,2012, LexisNexis #0712-088

Agin v. Rivera (In re Rivera)

Chapter 7 trustee filed a complaint against defendant debtor seeking the denial of her discharge pursuant to 11 U.S.C.S. § 727(a)(2)(B) and (a)(4)(A) and an award of costs pursuant to Fed. R. Bankr. P. 7054(b). At the conclusion of trial, counsel to the trustee withdrew the 11 U.S.C.S. § 727(a)(2)(B) count.
Ruling: 
Discharge denied due to acts and omissions showing reckless indifference to the truth.
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Consumer case opionion summary, case decided on June 22,2012, LexisNexis #0712-132

In re Lee

Movants, the foreign representatives of foreign debtor's estate, sought an order pursuant to 11 U.S.C.S. §§ 1521(a)(5) and (b), directing the turnover of all assets of the debtors located in the United States (U.S.). The debtors objected to the turnover motion. The dispute concerns whether the foreign representatives were entitled to the turnover of the debtors' equity interests in several U.S. companies.
Ruling: 
Foreign representatives were entitled to turnover of debtor's U.S. assets.
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Consumer case opionion summary, case decided on June 04,2012, LexisNexis #0612-135

In re Lupo

Applicant, a law firm that had earlier represented debtor in a chapter 11 (later converted to a chapter 7), sought an order per 11 U.S.C.S. § 330 granting supplemental compensation and reimbursement of expenses incurred in defending its original application for compensation, which application had been granted. Debtor opposed compensation on claims that the firm was not properly compensated for time spent defending against debtor's objections.
Ruling: 
Supplemental attorneys' fees awarded as incurred in defending meritless objection to original fee application.
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Consumer case opionion summary, case decided on May 14,2012, LexisNexis #0612-003

Lassman v. Patts (In re Patts)

Chapter 7 trustee filed an adversary proceeding against a chapter 7 debtor's wife, seeking a determination that he was entitled under 11 U.S.C.S. § 544(b) and the Massachusetts Uniform Fraudulent Transfer Act ("UFTA"), Mass. Gen. Laws ch. 109A, to avoid a transfer the debtor made to his wife. The trustee amended his complaint to add the debtor as a defendant, and the wife filed a motion for summary judgment.
Ruling: 
Transfer to non-debtor spouse of home later reconveyed to debtor and spouse as tenants by the entireties was not avoidable.
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Consumer case opionion summary, case decided on May 04,2012, LexisNexis #0612-023

In re Currie

Secured creditor, the holder of a first mortgage on the principal residence of the chapter 11 debtor, filed a motion for relief from the automatic stay, seeking authority to foreclose on the debtor's residence pursuant to 11 U.S.C.S. § 362(d)(1) and (d)(2).
Ruling: 
Relief from stay granted where there was no prospect of a confirmable plan.
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Consumer case opionion summary, case decided on March 16,2012, LexisNexis #0412-041

Rodney v. Arias (In re Arias)

The debtor previously filed a chapter 7 case and received a discharge. Later, the debtor moved to reopen his case under 11 U.S.C.S. § 350(b) to add plaintiff creditors' claim for lease payments, which the court allowed. Here, plaintiff creditors objected to discharge based on their contention that the debt was post-petition, and both parties filed cross-motions for summary judgment.
Ruling: 
Motion to reopen to add claim for lease payments vacated in light of equitable concerns and questions regarding original omissions from schedules.
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Consumer case opionion summary, case decided on March 16,2012, LexisNexis #0412-074

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