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Byers v. Bolognese (In re Bolognese)

Feb
13
2008
Ruling
Debt was nondischargeable where debtor used line of credit for legitimate business purposes but not the limited purposes for which credit was extended.
Procedural posture

Plaintiff creditors, the sister and brother-in-law of defendant bankruptcy debtor, brought an adversary proceeding against the debtor, seeking a determination that a debt to the creditors was not dischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtors' fraud.

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Consumer opinion summary, case decided on February 13, 2008 , LexisNexis #0408-082
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In re Perfetto

Jan
19
2007
Ruling
Filing of Form B22A required in cases converted from chapter 13 to chapter 7.
Procedural posture

The debtor converted her chapter 13 case to one under chapter 7 and the court issued and order requiring her to file Official Bankr. Form B22A following the conversion. The debtor filed an objection. The issue was whether 11 U.S.C. § 707(b) required the means test form, Official Bankr. Form B22A, to be filed in cases voluntarily converted from chapter 13 to chapter 7.

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opinion summary, case decided on January 19, 2007 , LexisNexis #0307-079
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In re Pope

Oct
03
2006
Ruling
Stay did not terminate with respect to debtor's home which was property of the estate in second chapter 13 case filed less than one year after first case was dismissed.
Procedural posture

Two debtors filed an action seeking protection under chapter 13, and a limited liability company ("LLC") asked the bankruptcy court to confirm that the automatic stay provision of 11 U.S.C. § 362 was terminated, pursuant to 11 U.S.C. § 362(c)(3)(A), with respect to its collateral, the debtors'home.

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opinion summary, case decided on October 03, 2006 , LexisNexis #1006-107
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Doherty v. Coccia (In re Coccia)

Oct
03
2006
Ruling
Default judgment for conversion of vehicle was not grounds for nondischargeability absent evidence of willfull and malicious damage by debtor.
Procedural posture

Plaintiff creditors sought a determination that their claim against defendant debtor was nondischargeable under 11 U.S.C. § 523(a)(6).

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opinion summary, case decided on October 03, 2006 , LexisNexis #1006-129
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Bright v. Wash. Mutual Bank F.A. (In re Bright)

Feb
23
2006
Ruling
Retroactive relief from the automatic stay was granted to a mortgagee to protect subsequent good faith purchasers and since the debtors acted in bad faith by failing to disclose the property interest.
Procedural posture

Appellee mortgagee foreclosed on appellant debtor's real property without knowledge of the debtor's bankruptcy until the debtor filed a counterclaim in the mortgagee's state court interpleader action to determine entitlement to surplus proceeds from the foreclosure sale. The debtor appealed the order of the Bankruptcy Court for the District of Massachusetts which granted the mortgagee retroactive relief from the bankruptcy stay.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 23, 2006 , LexisNexis #0306-045
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