Judge Hillman

In re Bethoney

A debtor filed for relief under chapter 13. The debtor filed a motion to establish value of a vehicle pursuant to 11 U.S.C. § 506(a), and a motion to modify rights of secured claims, pursuant to 11 U.S.C. § 1322(b)(2). The creditor holding a secured claim on the vehicle did not oppose the motions.
Ruling: 
Secured claim against "910" vehicle protected from bifurcation pursuant to hanging paragraph.
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Consumer case opionion summary, case decided on January 17,2008, LexisNexis #0208-054

Potapov v. Dunn (In re Dunn)

On remand from the District Court for the District of Massachusetts, the court considered a motion for summary judgment filed by plaintiffs, an individual brokerage firm customer and a corporate brokerage firm customer, in their action against defendant chapter 7 debtors, seeking a determination that a debt owed by the debtors arising from an arbitration award was excepted from discharge under 11 U.S.C. § 523(a)(4) and /or (a)(6).
Ruling: 
NASD arbitration award not excepted from discharge where role of each of debtors in fraudulent transfer was not clear.
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Consumer case opionion summary, case decided on October 30,2007, LexisNexis #1207-132

In re Hermosilla

A debtor had filed for relief under chapter 7. The debtor sought an order for approval of a divorce stipulation agreement between the debtor and his former wife, to be paid from the disposition of the postpetition sale proceeds of the debtor's homestead. The debtor also sought to impose sanctions against two attorneys.
Ruling: 
Attorneys did not violate stay in seeking to recover postpetition fees from proceeds of homestead property that had reverted to debtor.
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Consumer case opionion summary, case decided on August 06,2007, LexisNexis #0108-024

Whispering Pines Estates Inc. v. Flash Island Inc. (In re Whispering Pines Estates Inc.)

Appellant debtor challenged two decisions of the Bankruptcy Court for the District of New Hampshire that confirmed its chapter 11 plan and granted appellee creditor relief from the automatic stay. The bankruptcy appellate panel only addressed the issues presented in the stay relief order. The question was whether the bankruptcy court had jurisdiction to enter the stay relief order while the confirmation order was on appeal.
Ruling: 
Bankruptcy court lacked jurisdiction to order relief from stay while appeal of confirmation order was pending.
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In re Falcone

A debtor filed a petition under chapter 13, and a corporation filed a motion to dismiss the petition, claiming that the debtor failed to comply with 11 U.S.C. § 109.
Ruling: 
Case dismissed where debtor requested temporary waiver and received credit counseling two weeks after petition date for failure to make sufficient effort to comply prepetition.
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Braunstein v. Gateway Mgmt. Servs. (In re Coldwave Sys. LLC)

Plaintiff chapter 7 trustee initiated an adversary proceeding against defendant creditor to avoid, pursuant to 11 U.S.C. § 547(b), a security interest that the creditor claimed in a certain patent.
Ruling: 
Security interest in patent perfected withing 90 days of petition date was avoidable.
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Hermosilla v. Hermosilla (In re Hermosilla)

The matter before the court was the motion for summary judgment of plaintiff, debtor's stepmother, on the count which she alleged under 11 U.S.C. § 523(a)(6) based upon fraudulent transfer of property from her ex-husband to debtor, her stepson. Debtor cross-moved for summary judgment.
Ruling: 
Postpetition debt arising out of postpetition events was not affected by discharge.
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In re Ground Round Inc.

Movant, a liquidating agent for the debtors, requested the entry of an order, pursuant to the court's authority under 11 U.S.C. § 105, enforcing an asserted injunction set forth in the debtors'joint liquidating plan of reorganization against respondent state taxing authorities, which were attempting to collect taxes from former officers or directors of the debtors. The taxing authorities filed oppositions to the motion.
Ruling: 
Bankruptcy court lacked authority to enforce alleged injunction that was not expressly set forth in plan or settlement with creditor.
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In re Kiklis

Debtor filed a disclosure statement in connection with a bankruptcy petition under chapter 11. A creditor objected to the disclosure statement on the grounds that it failed to adequately describe and address the creditor's undersecured claim. The court held a hearing on the objection. The creditor then moved to confirm that it held an unsecured claim.
Ruling: 
Objection to disclosure statement sustained for failure to provide unsecured or undersecured creditors with sufficient information about treatment of claim.
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In re Larson

Chapter 7 debtor filed for bankruptcy relief, claiming an exemption of $500,000 in a single family residence pursuant to Mass. Gen. Laws ch. 188, § 1A. Objector creditors and chapter 7 trustee objected to the state homestead exemption, alleging that the homestead claim had to be reduced based upon the newly enacted 11 U.S.C. § 522(q)(1)(B)(iv).
Ruling: 
Court had to schedule evidentiary hearing to determine if a homestead cap involving a "criminal act"was applicable.
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