Sep
16
2011
Roggio v. City of Gardner
Plaintiffs, a bankruptcy debtor and her husband, sued defendants under 42 U.S.C.S. § 1983 and federal and state privacy laws. The court stayed the debtor's claims to allow the debtor to seek authority to treat the claims as abandoned by the bankruptcy estate. The debtor requested that the stay be lifted.
Ruling:
Debtor lacked standing to pursue unscheduled but not abandoned cause of action.
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Consumer case opionion summary, case decided on September 16,2011, LexisNexis #1011-055
Aug
02
2011
Reynolds v. Bank of Canton (In re Reynolds)
Appellant debtors filed a Chapter 13 petition in the United States Bankruptcy Court for the District of Massachusetts, which converted the case to Chapter 7. The debtors'motion to vacate the conversion order was denied. The debtors filed adversary proceedings challenging a sale of property, and the bankruptcy court dismissed those proceedings. The debtors appealed.
Ruling:
Debtor could not seek to vacate conversion from chapter 13 to chapter 7 more than one month after order.
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Consumer case opionion summary, case decided on August 02,2011, LexisNexis #0811-130
Nov
28
2006
Pasquina v. Cunningham (In re Cunningham)
Appellant individual was owed a prepetition non-dischargeable debt by appellee debtor and sought to satisfy it against the proceeds from the sale of the debtor's home. The Bankruptcy Court confirmed that proceeds from the sale of debtor's home were exempt from the individual's prepetition debt. The individual appealed.
Ruling:
Voluntary sale of exempt homestead did not remove proceeds from protection of original exemption.
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Aug
09
2006
Graupner v. Town of Brookfield
Defendants, a town and associated officials, filed a motion for summary judgment in connection with a civil action for money damages brought by plaintiff police officer pursuant to 42 U.S.C. § 1983 for alleged violation of his constitutional rights and various state law claims.
Ruling:
Opening and closing of bankruptcy case did not effect abandonment of debtor's undisclosed labor law cause of action
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