- 28 U.S.C.
Ragge, In re--Ragge v. West Bank, Nat'l Assoc.
Feb
08
2017
Ruling
Debtor's adversary proceeding was barred by the Rooker-Feldman doctrine as a state court has already rendered a final default judgment against debtor. (Bankr. D. Mass.)
Issue(s)
State Courts; Certiorari.
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Court
:
In re Sperry
Dec
08
2016
Ruling
Bank's objection to confirmation of debtor's plan overruled as requiring the bank to senddebtors a monthly statement did not violate bank's rights. (Bankr. D. Mass.)
Issue(s)
Notice Relating to Claims Secured by Security Interest in the Debtor’s Principal Residence.
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Court
:
Mission Prod. Holdings v. Tempnology LLC (In re Tempnology LLC)
Nov
18
2016
Ruling
Bankruptcy court did not err in finding that § 365(n) election did not protect licensee’s rights.(B.A.P. 1st Cir.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Rejection When Debtor is Licensor of Right to Intellectual Property.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Dwyer v. Ins. Co. (In re Pihl, Inc.)
Sep
26
2016
Ruling
Sureties’ equitable subrogation claim arose when the sureties became legally obligated. (Bankr.D. Mass.)
Issue(s)
Did sureties’ equitable subrogation claim arise upon making payments or upon incurring a legal obligation to pay?
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Court
:
- 11 U.S.C.
Cordeiro v. Kirwan (In re Kirwan)
Sep
20
2016
Ruling
Judgment debt was dischargeable where alleged willful and malicious conduct occurred afterthe judgment date. (Bankr. D. Mass.)
Issue(s)
Was judgment debt nondischargeable based on allegedly willful and malicious injury?
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Court
:
- 11 U.S.C.
DeGiacomo v. Sacred Heart Univ., Inc. (In re Palladino)
Aug
10
2016
Ruling
Tuition payments for daughter of debtor Ponzi scheme operators were not covered by thePonzi scheme presumption and not avoidable. (Bankr. D. Mass.)
Issue(s)
Were tuition payments made by debtor Ponzi scheme operators to daughter’s university avoidable pursuant to the Ponzi scheme presumption?
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Court
:
- 11 U.S.C.
In re Morrison
Aug
02
2016
Ruling
Creditor that paid loan in full subrogated to lender’s claim. (Bankr. D. Mass.)
Issue(s)
After creditor paid a debt on which both he and the the debtors were guarantors, was creditor subrogated to the lender's position against the debtors, including the lender's third mortgage position on the debtors' home?
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Court
:
- 11 U.S.C.
Jackson v. ING Bank, FSB (In re Jackson)
Jul
29
2016
Ruling
Actual damages, statutory damages and attorneys’ fees assessed against creditor for violationof discharge injunction. (Bankr. D. Mass.)
Issue(s)
What were the appropriate damages for creditor’s violation of the discharge injunction?
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Court
:
- 11 U.S.C.
In re Hurwitz
Jul
20
2016
Ruling
LLC granted relief from stay to pursue enforcement of noncompetition and nonsolicitationprovisions of franchise agreement entered into with debtor. (Bankr. D. Mass.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Court
:
- 11 U.S.C.
Whitcomb v. Smith (In re Smith)
Jul
12
2016
Ruling
Contractual debt excepted from discharge as arising from intentional, significant injury.(Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
: