Judge Hoffman

Melhem, In re--DeLaiarro v. Melhem

Ruling: 
Debt not excepted from discharge where creditor failed to establish each and every element ofthe test for nondischargeability. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on May 22,2020, LexisNexis #0720-013

TelexFree, In re--Darr v. United States

Ruling: 
IRS's post-petition erroneous refund related to its pre-petition tax claim and was not anadministrative expense claim. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on March 26,2020, LexisNexis #0520-029

Vertullo, In re--U.S. Bank N.A. v. Vertullo

Ruling: 
Plan including debtor's expired right to cure pre-petition default could not be confirmed.(B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on January 10,2020, LexisNexis #0220-072

Hannon, In re

Ruling: 
Interim fee awards for trustee's counsel were approved with reduction. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on December 26,2019, LexisNexis #0220-029

Gillis, In re--Jenzack Partners, LLC v. Gillis

Ruling: 
Creditor failed to make case for denial of discharge where court deemed that there were noknowing and fraudulent oaths made by the debtor or any reckless disregard for the truthrelating to the case. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on December 26,2019, LexisNexis #0220-019

New Eng. Confectionary Co., In re

Ruling: 
Motion to dismiss denied where trustee had standing to assert a mere instrumentality claimunder 11 U.S.C. § 544(a)(1). (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on July 19,2019, LexisNexis #0919-039

Blast Fitness Group, In re

Ruling: 
Motion to dismiss denied where trustee asserted a plausible claim that debtor's principal wasa beneficial or a subsequent transferee. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on April 30,2019, LexisNexis #0719-039

Venincasa, In re

Ruling: 
Law firm's motion to lift stay denied as the firm did not hold a possessory or retaining lienover any of the funds it was holding in escrow. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 23,2019, LexisNexis #0619-084

Gannon, In re--McGuinness v. Gannon

Ruling: 
Debt was dischargeable as creditors failed to prove that debtor made knowingly falserepresentations or created false impressions with the intent to deceive them. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0419-010

Weatherspoon, In re

Ruling: 
Debtor was not allowed to exempt funds he received from his father's probate estate as he was not a dependent of his father under state law. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on January 18,2019, LexisNexis #0219-079

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