Judge Hillman

Sampson Lumber Co. Inc. v. Tucci (In re Tucci)

Creditor filed a complaint against debtors, seeking to establish the nondischargeability of a judgment awarded against debtor pursuant to 11 U.S.C.S. § 523(a), Debtor husband moved for summary judgment, Fed. R. Civ. P. 56.
Ruling: 
Statement of ownership was not a representation of financial condition that could be a basis for nondischargeability if false.
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Consumer case opionion summary, case decided on November 15,2011, LexisNexis #1211-084

Lassman v. OneWest Bank FSB (In re Swift)

Plaintiff Chapter 7 trustee sought to avoid, pursuant to 11 U.S.C.S. § 544(a)(3), a mortgage on defendant debtor's property that was mistakenly discharged by defendant lender and preserve it for the estate pursuant to 11 U.S.C.S. § 551. The trustee filed a motion for summary judgment and the debtor filed a cross motion for summary judgment.
Ruling: 
Trustee could avoid and preserve mistakenly released mortgage for the estate.
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Consumer case opionion summary, case decided on October 07,2011, LexisNexis #1111-026

Duby v. United States (In re Duby)

Debtor and defendant, U. S. Department of Agriculture, appealed from a final judgment of the U. S. Bankruptcy Court for the District of New Hampshire, awarding the debtor $11,848.50 for attorney's fees for a violation of the automatic stay and $3,000 as a sanction for a violation of the discharge injunction.
Ruling: 
Award of punitive sanctions against government for stay violation was erroneous as sovereign immunity was not waived.
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Consumer case opionion summary, case decided on June 28,2011, LexisNexis #0711-102

Agin v. Daniels (In re Daniels)

Plaintiff Chapter 7 trustee filed a motion for summary judgment in his action against defendant debtor, which sought a turnover of the debtor's interest in funds in a profit sharing plan and two Individual Retirement Accounts (IRAs), claiming that they could not be exempted from the bankruptcy estate pursuant to 11 U.S.C.S. § 522(b)(4). The debtor filed a cross-motion for summary judgment. The trustee moved to strike the debtor's cross-motion.
Ruling: 
Debtor could not claim exemption in funds in profit sharing plan, due to prohibited transactions, or in IRA that was funded by the plan.
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Consumer case opionion summary, case decided on June 16,2011, LexisNexis #0711-114

In re Nichols

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the Town of Whitman, Massachusetts, filed a claim seeking payment of administrative expenses pursuant to 11 U.S.C.S. § 503(b)(1)(A). The debtor filed an objection to the town's claim and a claim that was filed by a law firm that provided legal services to the Town.
Ruling: 
Town entitled to administrative expense claim for charges for demolition necessary to preservation of the estate.
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Consumer case opionion summary, case decided on June 07,2011, LexisNexis #0711-081

Hermosilla v. Hermosilla (In re Hermosilla)

Plaintiff former spouse of defendant bankruptcy debtor obtained a judgment of nondischargeability of a debt for willful and malicious injury based on domestic assault. Upon remand from the U.S. District Court for the District of Massachusetts, the bankruptcy court considered attorney fees as a sanction for the debtor's frivolous appeal and sanctions under Fed. R. Bankr. P. 9011 for the debtor's baseless arguments in the bankruptcy court.
Ruling: 
Debtor sanctioned for frivolous appeal of finding that debt based on domestic assault was nondischargeable.
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Consumer case opionion summary, case decided on June 01,2011, LexisNexis #0711-070

In re Ellis

Before the court was the Chapter 7 Trustee's objection filed pursuant to 11 U.S.C.S. § 522(p) to debtor's claim of exemption.
Ruling: 
Debtor's spouse entitled to benefit of debtor's homestead exemption subject to statutory cap.
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Consumer case opionion summary, case decided on March 25,2011, LexisNexis #0411-116

In re Walsh

Debtor filed a petition under chapter 11, and an investors trust filed a limited objection to the debtor's disclosure statement. The court overruled the trust's objection but preserved it as an objection to confirmation of the debtor's plan. The trust, as a secured creditor in Class 6 of the debtor's plan and an unsecured creditor in Class 8 of the debtor's plan, cast negative votes on the plan.
Ruling: 
Plan rejected by creditor trust had to be fair and equitable and otherwise satisfy §1129(b).
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Consumer case opionion summary, case decided on March 08,2011, LexisNexis #0411-027

In re Cape Animal Referral & Emergency Ctr. LLC

A creditor, a veterinarian who was formerly employed by a bankruptcy debtor which was a veterinary hospital, filed a proof of claim in the debtor's bankruptcy case for unpaid wages and compensation, the purchase of veterinary equipment, and other employment-related expenses owed to the creditor. The debtor objected to the proof of claim, and the creditor moved for summary judgment.
Ruling: 
Creditor allowed claim for incentive and emergency pay, equipment purchase and lease payments under proposed employment agreement.
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Commercial case opionion summary, case decided on February 22,2011, LexisNexis #0311-115

In re Lopez

A bankruptcy debtor was in default of postpetition mortgage payments and lacked equity in the real property secured by the mortgage. The mortgagee moved for relief from the automatic bankruptcy stay under 11 U.S.C.S. § 362(d) to enforce the mortgage, and the debtor objected to the motion.
Ruling: 
Relief from stay to foreclose granted due to debtor's default in mortgage payments and lack of equity in property.
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Consumer case opionion summary, case decided on February 09,2011, LexisNexis #0311-006

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