Camara, In re
Jun
20
2025
Ruling
Constructive trust imposed on debtor's partner’s interest in debtor’s real property as evidenced by “equal ownership agreement” would prevent debtor’s unjust enrichment. (Bankr. D. Mass.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.
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Court
:
- 11 U.S.C.
Mohawk Drive Corp., In re
Dec
06
2024
Ruling
Tenant could offset alleged prepetition damages against post-rejection rent owed to debtor landlord but could not withhold rent as the damages were not yet proven. (Bankr. D. Mass.)
Issue(s)
Executory Contracts and Unexpired Leases; Debtor as Lessor or Seller of Timeshare Interests; Effect of Rejection When Debtor Is Lessor of Real Property.
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Deeter, In re
Sep
30
2024
Ruling
Dismissal of Chapter 13 case denied absent evidence that debtor filed her bankruptcy case in bad faith. (Bankr. D. Mass.)
Issue(s)
Conversion or Dismissal; For Cause.
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Taing, In re
Aug
12
2024
Ruling
Creditors' objections based on lack of privity of contract overruled as their claims could betreated through debtor's plan. (Bankr. D. Mass.)
Issue(s)
Confirmation of Plan; Requirements.
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Court
:
- 11 U.S.C.
Fuller, In re
Jun
25
2024
Ruling
Debtor's appeal was barred by res judicata as the parties were identical and claims anddefenses litigated and decided in housing court were the same or sufficiently similar. (Bankr.D. Mass.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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NESV Ice, LLC, In re
Apr
15
2024
Ruling
Subordinate lender could vote to accept a joint plan of reorganization as it was neither aninsider nor a non-statutory insider and the subordination agreement did not authorize thesenior lender to vote its claim. (Bankr. D. Mass.)
Issue(s)
Confirmation of Plan; Requirements.
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Court
:
- 11 U.S.C.
National Fish & Seafood, Inc., In re--Desmond v. Northern Ocean Liquidating Corp.
Apr
01
2024
Ruling
Changes in payment terms and timing of payment and the collection activities were inkeeping with long historical relationship between debtor and supplier and not grounds foravoidance on preference grounds. (Bankr. D. Mass.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.
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Court
:
- 11 U.S.C.
MPAC Home Improvement & Constr., LLC, In re--Goldsmith v. O'Beirne
Apr
01
2024
Ruling
Motion to dismiss denied given evidence that debtor intended to hinder, delay, or defraudcreditors. (Bankr. D. Mass.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
Kalaydzhan, In re--Ross v. Kalaydzhan
Mar
26
2024
Ruling
Debtor was estopped, by the misrepresentations made in loan closing affidavits, fromobjecting to claims asserted by lender. (Bankr. D. Mass.)
Issue(s)
Allowance of Claims or Interests.
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Court
:
- 11 U.S.C.
Carney, In re--Carney v. Educ. Credit Mgmt. Corp.
Mar
20
2023
Ruling
Chapter 7 debtor was not entitled to an undue hardship discharge of student loan debt as she did not present sufficient evidence. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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