Massachusetts

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

Salvador, In re--Kaplan v. Salvador (

Ruling: 
Discharge denied where debtors permitted the destruction of records from which theirfinancial information could be ascertained. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 12,2017, LexisNexis #0517-077

Reardon, In re--Reardon v. Reardon

Ruling: 
Liability under only one of two guarantees discharged as debtors failed to establish that the first guaranty was restricted or that obligations thereunder otherwise arose before the date of their bankruptcy filing. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 05,2017, LexisNexis #0517-057

Brandt, In re--Brandt v. Brandt

Ruling: 
Debt was excepted from discharge as debtor impermissibly retained possession of vehicle beyond the agreed term for nearly ten years. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on March 20,2017, LexisNexis #0417-104

Mahon, In re--Mahon v. IRS

Ruling: 
Bankruptcy court was not prohibited from adjudicating IRS's Overpayment Count as theclaim did not require the court to determine a tax, a fine or penalty, or an addition to tax.(Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 14,2017, LexisNexis #0317-067

Blais, In re--Margis v. Blais

Ruling: 
Debt was excepted from discharge because creditor has failed to establish at least one of thefive elements required by § 727(a)(4)(A) for each of th eleven alleged false oaths. (Bankr. D.Mass.)
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Consumer case opionion summary, case decided on February 15,2017, LexisNexis #0317-081

Ragge, In re--Ragge v. West Bank, Nat'l Assoc.

Ruling: 
Debtor's adversary proceeding was barred by the Rooker-Feldman doctrine as a state court has already rendered a final default judgment against debtor. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on February 08,2017, LexisNexis #0317-054

Broderick, In re

Ruling: 
Trustee's objection to debtor's claim of exemption in property overruled as debtor met herburden to establish constructive use of the property in question as residence. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on January 31,2017, LexisNexis #0317-011

Desmond v. Donovan (In re Donovan)

Ruling: 
Court allowed trustee to avoid transfers made by debtor to her son as the debtor did notreceive reasonably equivalent value for the transfers. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on January 25,2017, LexisNexis #0217-091

Patriot Grp., LLC v. Fustolo (In re Fustolo)

Ruling: 
Debtor's willful and intentional refusal to obey lawful order warranted denial of hisdischarge. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on January 09,2017, LexisNexis #0217-044

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