Massachusetts

Charles St. African Methodist Episcopal Church of Bos., In re

Ruling: 
Abstention from adjudicating the attorney's lien disputes not warranted as attorney's liendisputes were not core proceedings. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on August 16,2017, LexisNexis #0917-088

Zakarian, In re

Ruling: 
The debtor was found to be entitled to a statutory homestead exemption but the cap on hishomestead exemption was still applied as a limitation. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on August 03,2017, LexisNexis #0917-010

Wyman, In re--Premier Capital, LLC v. Wyman

Ruling: 
Debtor's discharge denied for multiple mistatements and omissions under oath in his bankruptcy schedules and statement of financial affairs. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on July 20,2017, LexisNexis #0817-113

Grove Instruments, Inc., In re

Ruling: 
Motion to approve settlement agreement and mutual release filed by trustee was denied astrustee had also sought approval of a "bar order" and the court was not convinced that the barorder would be fair and equitable to the objecting parties. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on July 14,2017, LexisNexis #0817-090

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.)
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Consumer case opionion summary, case decided on July 11,2017, LexisNexis #0817-072

Zak, In re--Reed v. Zak

Ruling: 
Debtor was liable to the creditor under the law of fraudulent conveyance in Massachusetts.(Bankr. D. Mass.)
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Consumer case opionion summary, case decided on July 12,2017, LexisNexis #0817-073

Marano, In re

Ruling: 
State court judgment obtained by debtor against his former attorney was dischargeable asthere was no finding of entrustment of client funds or property. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on June 14,2017, LexisNexis #0717-069

Gloucester Espresso, Inc., In re

Ruling: 
Creditors' claims allowed as general unsecured claims with respect to the debtor's liquorlicense and the proceeds from its sale as creditors had no security or other interest in thatlicense. (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on May 16,2017, LexisNexis #0617-065

Amaral, In re--Madoff v. Amaral

Ruling: 
While the petition was timely filed, the court exercised its discretion and applied the "American Rule" of making each litigant pay their own attorney's fees and costs. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on May 08,2017, LexisNexis #0617-060

Phillips, In re--Loventhal v. Phillips

Ruling: 
Res judicata did not prevent plaintiff from asserting the instant claim as fraud was not alleged in the previous case and the summary judgment was not based on a finding of fraud. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on May 08,2017, LexisNexis #0617-042

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