Skip to main content

Page Banner(Taxonomy)

judge katz

Manzueta, In re

Ruling
Relief from stay denied as the debtor filed his petition on the day of foreclosure with the clerkvia email due to pandemic restrictions. (Bankr. D. Mass.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of Manzueta, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 06, 2020 , LexisNexis #1120-78

Ortega, In re--United States Tr. v. Maali

Ruling
Bankruptcy petition preparer sanctioned and enjoined from operating for engaging in theunauthorized practice of law. (Bankr. D. Mass.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions.

ABI Membership is required to access the full summary of Ortega, In re--United States Tr. v. Maali Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 06, 2020 , LexisNexis #0420-051

Woods, In re

Ruling
Defendants were liable to debtor for actual and punitive damages for the violation of theautomatic stay following the court's order. (Bankr. D. Mass.)
Issue(s)
Automatic Stay; Remedies for Violation.

ABI Membership is required to access the full summary of Woods, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 04, 2020 , LexisNexis #0320-056

Lloyd, In re--White v. Gaffney

Ruling
Malpractice claims were not property of the bankruptcy estate where none of the claims raisedby the trustee had accrued pre-petition. (Bankr. D. Mass.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

ABI Membership is required to access the full summary of Lloyd, In re--White v. Gaffney Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 28, 2019 , LexisNexis #0919-012

Kirby v. 21st Mortg. Corp.

Ruling
Summary judgment in favor of creditor was affirmed as the post-discharge communicationsdid not improperly coerce or harass the debtor in paying the discharged debt in violation ofdischarge injunction. (B.A.P. 1st Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

ABI Membership is required to access the full summary of Kirby v. 21st Mortg. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 14, 2019 , LexisNexis #0719-090

Unacha, In re

Ruling
Chapter 13 plan could be confirmed over a creditor's objection solely on the grounds that aban modification could not constitute cure. (Bankr. D. Mass.)
Issue(s)
Contents of Plan; Discretionary Provisions; Curing of Default and Maintenance of

ABI Membership is required to access the full summary of Unacha, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 23, 2019 , LexisNexis #0619-098

Schatz, In re--Schatz v. United States Dep't of Educ.

Ruling
Student loans were not excepted from discharge as the equity in the debtor's home wassufficient to pay the loans owed to the defendants in full. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

ABI Membership is required to access the full summary of Schatz, In re--Schatz v. United States Dep't of Educ. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 02, 2018 , LexisNexis #0618-014

Kalesnik, In re--Kalesnik v. HSBC Bank USA, N.A.

Ruling
Chapter 13 debtors do not have a standing to exercise a trustee's avoidance power outside theconfines of § 522(h). (Bankr. D. Mass.)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.

ABI Membership is required to access the full summary of Kalesnik, In re--Kalesnik v. HSBC Bank USA, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 11, 2017 , LexisNexis #0817-072