Rhode Island

In re IDC Clambakes Inc.

Ruling: 
Implied contract claims of creditor condominium association disallowed.
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Commercial case opionion summary, case decided on May 16,2014, LexisNexis #0614-102

Bank of Am. V. Doe (In re Travers)

Ruling: 
Bankruptcy court lacked jurisdiction over Truth in Lending Act claim that had been abandoned by trustee.
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Consumer case opionion summary, case decided on March 25,2014, LexisNexis #0414-069

Sauer Inc. v. Lawson (In re Lawson)

Ruling: 
Debt was dischargeable absent allegation of false representation.
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Consumer case opionion summary, case decided on February 03,2014, LexisNexis #0214-118

In re Derocha

Ruling: 
Judicial liens avoided as impairing exemption despite nonconforming motion and calculations.
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Consumer case opionion summary, case decided on January 14,2014, LexisNexis #0214-014

In re Pichardo

Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying their debts that reduced the balance of a secured claim a bank held against their residence to $100,000 and paid the debt at a modified interest rate of 4.25 percent per annum over the five-year term of their plan. The bank filed an objection to confirmation of the debtors' plan.
Ruling: 
Confirmation of plan including cram down denied due to court's opinion that valuation by licensed appraiser was more reliable than that by real estate broker.
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Consumer case opionion summary, case decided on April 03,2013, LexisNexis #0413-135

In re Murphy

Debtors, a husband and wife, declared chapter 13 bankruptcy and proposed a plan for paying their creditors. The court entered an order in November 2010 which confirmed the debtors' plan, and almost two years later the chapter 13 trustee filed a motion to modify the debtors' plan and the debtors filed a motion to modify the court's confirmation order. The court held hearings on the trustee's motion and the debtors' motion.
Ruling: 
Debtor's personal injury lawyer ordered to turn over settlement proceeds, which were not exempt, pursuant to original terms of plan.
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Consumer case opionion summary, case decided on March 06,2013, LexisNexis #0313-113

In re Cobb

The chapter 13 trustee objected to the debtor's proposed chapter 13 plan contending that it was not proposed in good faith under 11 U.S.C.S. § 1325(a)(3) because the debtor could pay her creditors in full much sooner than proposed under the plan.
Ruling: 
Debtor's ability to pay creditors in full in less time than proposed in plan did not constitute lack of good faith.
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Consumer case opionion summary, case decided on January 24,2013, LexisNexis #0213-134

In re Corse

The Chapter 7 trustee sought, pursuant to 11 U.S.C.S. § 363, to sell the debtor's one-quarter remainder interest in certain residential real property. The debtor's mother, who held a life estate in the property, along with two of the debtor's sisters who had interests in the property, filed an objection to the sale.
Ruling: 
Trustee could sell debtor's remainder interest in property in which mother retained life interest where quitclaim back to mother had not been recorded.
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Consumer case opionion summary, case decided on January 18,2013, LexisNexis #0213-110

Harrington v. Webster (In re Webster)

The United States Trustee sought the revocation of the discharge granted to chapter 7 debtors, pursuant to 11 U.S.C.S. § 727(d)(1) and § 727(d)(2), asserting that debtors failed to disclose pre-petition personal injury-related claims arising out of personal injury accidents suffered by debtor husband.
Ruling: 
Discharge denied due to debtor's false oath.
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Consumer case opionion summary, case decided on January 14,2013, LexisNexis #0213-017

In re Krivitsky

Before the court was the chapter 13 trustee's motion to convert the case to a case under chapter 7 of the Bankruptcy Code, relying primarily on 11 U.S.C.S. § 1307(c)(11), which provided for dismissal or conversion of a chapter 13 bankruptcy case for failure of a debtor to pay any domestic support obligation that first becomes payable after the date of the filing of the petition. Debtor opposed the motion.
Ruling: 
Case converted to chapter 7 due to failure to pay postpetition domestic support obligation.
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Consumer case opionion summary, case decided on December 17,2012, LexisNexis #0213-097

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