Judge Vaughn

In re Seff Enters. & Holdings LLC

Movant, a member of the debtor, filed a motion seeking for the court to dismiss, abstain, or grant relief from the voluntary petition, under 11 U.S.C.S. §§ 707(a), 305(a)(1), and 362(d)(1), filed by the other member of the debtor.
Ruling: 
Asset-less case dismissed as not benefitting creditors or debtor.
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Commercial case opionion summary, case decided on August 26,2009, LexisNexis #1009-037

Bartel v. Walsh (In re Bartel)

Appellant debtor sought review of a decision of the Bankruptcy Court for the District of Massachusetts, which granted the motion of defendants, a district attorney for Bristol County, and a police officer, for summary judgment. The debtor had alleged civil rights violations, violation of the automatic stay under 11 U.S.C.S. § 362, and abuse of process.
Ruling: 
Seizure of debtor's financial records as part of criminal proceeding did not violate stay.
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Consumer case opionion summary, case decided on May 04,2009, LexisNexis #0609-131

Rizzo v. Mindes (In re Mindes)

Judgment creditors brought an adversary proceeding against debtor seeking a determination that a debt to the creditors was nondischargeable under 11 U.S.C.S. § 523(a)(2) based on the debtor's fraudulent representation that the debtor would perform remodeling and construction on the creditors' property.
Ruling: 
Default judgment that did not establish fraud was not basis for nondischargeable debt.
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Consumer case opionion summary, case decided on April 02,2009, LexisNexis #0609-050

Notinger v. Wells Fargo (In re Prescott)

A chapter 7 trustee and chapter 7 debtors, filed an adversary proceeding against bank, seeking an order allowing the trustee to avoid a lien the bank held on the debtors' property, pursuant to 11 U.S.C.S. § 544(a)(2), and claiming that an attachment the bank obtained in state court violated the automatic stay and was voidable under 11 U.S.C.S. § 549(a)(1) and (2)(B). The parties filed cross-motions for summary judgment.
Ruling: 
Attachment issued in postpetition state court action to reform mortgage that was outside scope of relief from stay granted was voidable.
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Consumer case opionion summary, case decided on March 12,2009, LexisNexis #0509-122

In re Plourde

Before the court for confirmation was the chapter 13 debtors' plan. A mortgage creditor objected to confirmation.
Ruling: 
Plan could not be confirmed due to debtors' negative disposable income.
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Consumer case opionion summary, case decided on March 09,2009, LexisNexis #0409-062

Schatz v. Imperial Capital Bank (In re Schatz)

Plaintiff bankruptcy debtor in possession brought an adversary proceeding against defendant mortgagee seeking to avoid as preferential the debtor's grant of a mortgage to the mortgagee, which the mortgagee failed to record until shortly before the debtor filed his bankruptcy petition. The debtor and the mortgagee cross-moved for summary judgment.
Ruling: 
Mortgage not recorded until just prior to petition date avoided as preferential transfer.
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Consumer case opionion summary, case decided on February 18,2009, LexisNexis #0409-082

Askenaizer v. Wyatt (In re BeaconVision Inc.)

Plaintiff, the chapter 7 trustee, filed a complaint against various defendants who were alleged to have received funds from a $ 200,000 deposit to an escrow account made by the debtor as an anticipated loan commitment fee for a $ 2 million loan that was never completed. The $200,000 was distributed. The primary issue was which defendant was the initial transferee of the deposit for purposes of transferee liability under 11 U.S.C.S. § 550(a).
Ruling: 
Corporate lender was initial transferee of funds disbursed out of escrow deposit intended as commitment fee for debtor's loan.
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Commercial case opionion summary, case decided on January 20,2009, LexisNexis #0309-068

McAdam v. New Hampshire (In re McAdam)

Plaintiff debtor alleged that defendant, State of New Hampshire Department of Employment Security (agency), violated the discharge injunction pursuant to 11 U.S.C.S. § 524(a) and sought damages of $ 50,000. The agency filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), made applicable to bankruptcy pursuant to Fed. R. Bankr. P. 7012(b)(6).
Ruling: 
State collection of nondischargeable past due unemployment taxes did not violate discharge injunction.
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Consumer case opionion summary, case decided on January 16,2009, LexisNexis #0309-046

Antognoni v. Basso (In re Basso)

Debtor appealed from an order of the Bankruptcy Court for the District of Massachusetts that denied his discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A) and sustained plaintiff creditor's objection to his homestead exemption. The court denied the debtor's discharge under the continuous concealment doctrine, and denied the homestead exemption because he had filed the declaration of homestead in violation of a state court order.
Ruling: 
Denial of discharge on theory of "continuing concealment" reversed as homestead declaration announced, rather than hid, interest in property.
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Consumer case opionion summary, case decided on December 09,2008, LexisNexis #0309-034

Askenaizer v. Seacoast Redimix Concrete LLC (In re Charwil Constr. Inc.)

Plaintiff chapter 7 trustee filed a complaint against defendant subcontractor to avoid certain payments under 11 U.S.C. § 547(b) that the debtor transferred to the subcontractor within the 90-day period preceding the filing of the bankruptcy petition. The subcontractor sought summary judgment.
Ruling: 
Release of statutory lien rights was "new value" preventing avoidance of transfer from debtor contractor to subcontractor.
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Commercial case opionion summary, case decided on December 21,2007, LexisNexis #0208-027

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