- 11 U.S.C.
Kaloyanides, In re--Kaloyanides v. B.C. Produce, Inc.
Apr
15
2024
Ruling
Debtor was entitled to summary judgment in proceeding claiming that debtor committed adefalcation while acting in fiduciary capacity. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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- 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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- 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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- 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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- 11 U.S.C.
Neiva, In re--Neiva v. LoanCare, LLC
Feb
09
2024
Ruling
Foreclosure of debtor's equity of redemption was avoidable as the transfer was not evidencedby recording as required to be effective against third parties under state law. (Bankr. D. Mass.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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- 11 U.S.C.
Diamond, In re--Cassouto-Noff & Co. v. Diamond
Jan
30
2024
Ruling
Debtor's judgment debt was not excepted from discharge as even if debtor misrepresented thatshe would be personally liable for the creditor's legal fees, the creditor failed to meet isburden as to actual reliance. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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- 11 U.S.C.
Worcester Country Club Acres, LLC, In re
Nov
07
2023
Ruling
Questions regarding ownership of disputed land and development rights had to beadjudicated prior to a sale under debtor’s Chapter 11 plan. (Bankr. D. Mass.)
Issue(s)
Use, Sale, or Lease of Property.
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Muncy, In re
Oct
25
2023
Ruling
Debtor was not entitled to entry of default as the certificate of service was filed more thanthree months after service was purportedly made. (Bankr. S.D. Ohio)
Issue(s)
Default.
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- 11 U.S.C.
Nyamusevya, In re
Sep
29
2023
Ruling
Prefiling requirements imposed on claimant who contested foreclosure judgment for years.(Bankr. S.D. Ohio)
Issue(s)
Power of Court.
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- 11 U.S.C.
Greenhut, In re
Jun
02
2023
Ruling
Debtor's case was dismissed due to his lack of good faith in filing the petition to avoid obligations to his former wife and timed to avoid disclosing increased income. (Bankr. D. Mass.)
Issue(s)
Conversion or Dismissal.
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