Judge Votolato

Ferrara v. Soscia (In re Hill)

Plaintiff chapter 7 trustee filed a complaint against defendant transferee pursuant to the Rhode Island Uniform Fraudulent Transfer Act, R.I. Gen. Laws § 6-16-1 et seq., and 11 U.S.C.S. §§ 548 and 550 seeking to avoid a transfer of property by a debtor to the transferee, her mother. The trustee moved for summary judgment.
Ruling: 
Transfer for no consideration while debtor was insolvent within two years of petition date was avoidable.
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Consumer case opionion summary, case decided on June 01,2012, LexisNexis #0612-127

Ferrara v. Cabrera (In re Cabrera)

Plaintiff chapter 7 trustee filed a complaint against defendant transferees pursuant to the Rhode Island Fraudulent Transfer Act, R.I. Gen. Laws § 6-16-1 et seq., and 11 U.S.C.S. § 544(b) to recover allegedly fraudulent transfers to insiders. The transferees were the children of the debtors and the debtor husband's former wife.
Ruling: 
Transfers to children and one debtor's former spouse within three years of petition date without adequate consideration could be avoided as fraudulent.
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Consumer case opionion summary, case decided on June 01,2012, LexisNexis #0612-123

In re Tine

Debtor brought a motion to adjudge a bank creditor in contempt and for violation of 11 U.S.C.S. § 362, for actions taken allegedly to preserve its secured interest in debtor's property.
Ruling: 
Bank's postpetition actions to preserve secured interest in property were willful violations of stay.
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Consumer case opionion summary, case decided on May 04,2012, LexisNexis #0612-042

Benson v. Cortellesso (In re Cortellesso)

Plaintiff claimants filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727 to have his debts discharged, and that the debtor owed the claimants debts that were nondischargeable under 11 U.S.C.S. § 523. The debtor filed a motion to dismiss and asked the court to impose sanctions on an attorney who represented the claimants.
Ruling: 
Sanctions assessed against creditor's attorney for filing baseless nondischargeability proceeding.
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Consumer case opionion summary, case decided on March 08,2012, LexisNexis #0412-047

Keven A. McKenna PC v. Stone (In re Keven A. McKenna PC)

Debtor attorney filed chapter 11 bankruptcy cases individually and on behalf of his firm, and a former employee filed claims against both bankruptcy estates. The debtor filed adversary proceedings against the employee which contested his claims, and after the debtor's case was converted to one under chapter 7 of the Bankruptcy Code and trustees were appointed for both bankruptcy estates, the trustees assumed responsibility for the proceedings.
Ruling: 
Employee's claims against debtors limited to unpaid wages absent evidence of other claims.
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Commercial case opionion summary, case decided on December 02,2011, LexisNexis #0112-012

Lussier v. Sullivan (In re Sullivan)

Appellant debtor sought review of an order from the United States Bankruptcy Court for the District of Massachusetts denying his discharge under 11 U.S.C.S. § 727(a)(4)(A).
Ruling: 
Discharge properly denied due to omission and undervaluation of assets.
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Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-022

Warchol v. Barry (In re Barry)

Debtors, husband and wife, appealed a judgment from the United States Bankruptcy Court for the District of Massachusetts denying their Chapter 7 discharges under 11 U.S.C.S. § 727(a)(2)(A).
Ruling: 
Bankruptcy court erred in denying discharge to spouse of contractor based on contractor's attempt to hinder, delay or defraud creditor who had no claim against the spouse.
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Consumer case opionion summary, case decided on June 09,2011, LexisNexis #0711-056

Petrucelli v. DAbrosca (In re DAbrosca)

Following a state court judgment in favor of plaintiff creditor, he filed a complaint against defendant chapter 7 alleging that the award was nondischargeable under 11 U.S.C.S. § 523(a)(4) due the debtor's defalcation as a fiduciary. Both parties sought summary judgment.
Ruling: 
State court judgment for fiduciary defalcation was nondischargeable.
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Consumer case opionion summary, case decided on June 06,2010, LexisNexis #0910-018

DeAngelis v. Antonelli (In re Antonelli)

Plaintiff creditor filed an adversary proceeding against defendant chapter 7 debtor seeking a determination that her debt was nondischargeable under 11 U.S.C.S. § 523(a)(6). The creditor filed a motion for summary judgment, alleging that the debtor was collaterally estopped from challenging a judgment entered against him by a state agency for violation of the Rhode Island Fair Employment Practices Act, R.I. Gen. Laws § 28-5-7.
Ruling: 
State court sexual harassment judgment was sufficient to establish debt as nondischargeable on grounds of willful and malicious injury.
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Consumer case opionion summary, case decided on May 19,2010, LexisNexis #0810-090

CoxCom Inc. v. Chaffee (In re Chaffee)

In a proceeding for the determination of the nondischargeability of a monetary judgment against defendant debtor under 11 U.S.C.S. § 523(a)(6), plaintiff judgment creditor made a motion for summary judgment.
Ruling: 
Judgment under Communications Act and Digital Millennium Copyright Act was nondischargeable.
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Consumer case opionion summary, case decided on April 14,2010, LexisNexis #0810-120

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