Judge Tester

Massey v. Pappalardo (In re Massey)

Debtors claimed exemptions under 11 U.S.C.S. § 522(d) for 100 percent of the fair market value of their residence and a vehicle, but appellee bankruptcy trustee asserted that the exemptions exceeded statutory limits. The debtors appealed the order of the U.S. Bankruptcy Court for the District of Massachusetts which sustained the trustee's objection to the exemptions.
Ruling: 
Exemptions for residence and vehicle rather than value of the assets properly disallowed.
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Consumer case opionion summary, case decided on February 27,2012, LexisNexis #0312-083

Canning v. Benefit Me. Inc. (In re Canning)

Debtors appealed from a judgment of the U.S. Bankruptcy Court for the District of Maine holding that defendants (collectively "mortgagee") did not violate the discharge injunction by refusing to foreclose or release its mortgage lien on debtors' residence. Debtors complaint below was brought under 11 U.S.C.S. §§ 105, 524(a)(2).
Ruling: 
Refusal to foreclose or release mortgage lien properly held not to violate discharge injunction.
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Consumer case opionion summary, case decided on December 12,2011, LexisNexis #0112-019

Morales v. Banco Popular de P.R.

Plaintiff debtor filed an adversary proceeding alleging that defendant creditor was liable and in contempt for willful violations of the automatic stay provisions of 11 U.S.C.S. § 362(a). The debtor filed a motion for partial summary judgment on liability and the creditor filed a cross motion for summary judgment.
Ruling: 
Collection letter sent to debtor's deceased mother for credit card account on which debtor was co-debtor did not violate stay.
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Consumer case opionion summary, case decided on September 26,2011, LexisNexis #1111-108

In re Wallace

Chapter 7 debtor filed an adversary proceeding against defendants, a bank and affiliated companies, claiming that the bank violated 11 U.S.C.S. § 524 when it attempted to collect a debt after the bankruptcy court discharged her debts. The debtor asked for an award of compensatory damages, punitive damages, and attorney's fees.
Ruling: 
Damages awarded for bank's willful violation of discharge injunction.
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Consumer case opionion summary, case decided on April 05,2011, LexisNexis #0511-018

Medical Educ. & Health Servs. v. Sistemas Integrados de Salud del Suroeste Inc. (In re Medical Educ. & Health Servs.)

Citing 28 U.S.C.S. § 1452, movant, an entity acting on behalf of debtor, sought removal of a suit filed in a Puerto Rican court (Local Court) in which a possessory interest relating to certain parking facilities was asserted. Respondent, the adverse party in the Local Court, resisted removal on various grounds. At issue was the nature of the case as "non-core" per 28 U.S.C.S. § 1334 and whether abstention was either preferable or required.
Ruling: 
Non-core dispute over interest in parking facility that was governed by local law was subject to mandatory abstention.
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Commercial case opionion summary, case decided on February 10,2011, LexisNexis #0311-065

In re Caribbean Petroleum Corp.

Defendant filed, pursuant to 28 U.S.C.S. § 1452(a), notices of removal of negligence actions filed against it and Chapter 11 debtors by plaintiffs in the commonwealth court. Plaintiff filed a motion for remand pursuant to § 1452(b).
Ruling: 
Negligence action based on Puerto Rican law that would have no impact on restructuring remanded to commonwealth court.
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Commercial case opionion summary, case decided on December 23,2010, LexisNexis #0211-137

In re Manguai

After movants filed a motion to convert the Chapter 13 case filed by debtors, a married couple, to a Chapter 7 case on allegations of bad faith, debtors sought a voluntary dismissal of the Chapter 13 case. At issue was whether 11 U.S.C.S. § 1307 afforded debtors an absolute right to voluntarily dismiss the Chapter 13 despite the pendency of the motion and whether 11 U.S.C.S. § 349 authorized the imposition of conditions on the dismissal.
Ruling: 
Voluntary dismissal of chapter 13 granted despite pendency of motion to convert, but with one-year refiling bar.
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Consumer case opionion summary, case decided on December 20,2010, LexisNexis #0111-097

In re El Legado De Chi Chi Rodriguez Golf Resort

A creditor filed a motion for conversion from chapter 11 to chapter 7 pursuant to 11 U.S.C.S. § 1112(b)(1). Oppositions were filed by the debtor, partners of the debtor, and the unsecured creditor's committee. Another creditor, who filed the involuntary chapter 11 petition, filed a joinder to the debtor's opposition.
Ruling: 
Motion to convert to chapter 7 denied given improved circumstances following appointment of chapter 11 trustee.
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Commercial case opionion summary, case decided on May 12,2010, LexisNexis #0810-098

In re Enterlife Ambulance Corp.

Before the court was a claimant's motion for summary judgment allowing a Proof of Claim, and debtor's motion for summary judgment regarding the contested matter of the allowance of the claimant's Proof of Claim No. 8 and debtor's Objection to the claim.
Ruling: 
Document filed just prior to bar date was insufficient to form a timely informal proof of claim and no excusable neglect existed to allow a late proof of claim.
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Commercial case opionion summary, case decided on April 12,2010, LexisNexis #0710-033

Reid v. Citadel Fin. Credit Union (In re Reid)

Debtor brought an adversary proceeding against defendant, a secured creditor, seeking turnover of her recently repossessed automobile from the creditor, pursuant to 11 U.S.C.S. § 542(a). The debtor sought injunctive relief of turnover, damages, including punitive damages, and attorney's fees for violation of the automatic under 11 U.S.C.S. § 362(k).
Ruling: 
Bank entitled to compel abandonment of four parcels of real property in which there was no equity.
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Consumer case opionion summary, case decided on January 13,2010, LexisNexis #0310-082

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