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1st circuit

Sorrenti, In re--Sorrenti v. Dep't of Treasury

Ruling
Department of the Treasury’s garnishment notice violated the discharge instruction. (Bankr. D.P.R.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Consumer opinion summary, case decided on August 29, 2025 , LexisNexis #1125-013

Lopez, In re

Ruling
Mortgage was avoided as preferential because it was recorded eight years late and within 90 days of debtor’s Chapter 7 filing. (Bankr. D.P.R.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on August 29, 2025 , LexisNexis #1125-038

Rios Vargas, In re--Rios Vargas v. Planet Home Lending, LLC

Ruling
Amended proof of claim allowed because misidentification of creditor was a curable defect and did not show bad faith. (B.A.P. 1st Cir.)
Issue(s)
Reconsideration of Claims.

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Commercial opinion summary, case decided on August 28, 2025 , LexisNexis #1125-025

HH Tech. Corp., In re--PCC Rokita, S.A. v. HH Tech. Corp.

Ruling
Dismissal of involuntary case upheld as it was brought by only two petitioning creditors and the bankruptcy court acted properly by setting a deadline for creditors to join the petition. (1st Cir.)
Issue(s)
Involuntary Cases.

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Commercial opinion summary, case decided on July 24, 2025 , LexisNexis #0925-079

Lemay, In re

Ruling
Claim allowed based on itemized statement provided along with later supplemental itemization and debtor’s failure to provide evidence supporting disallowance. (Bankr. D. Me.)
Issue(s)
Proof of Claim; Supporting Information; Additional Requirements; Prepetition Interest, Fees, Expenses or Other Charges.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-099

Camara, In re

Ruling
Constructive trust imposed on debtor's partner’s interest in debtor’s real property as evidenced by “equal ownership agreement” would prevent debtor’s unjust enrichment. (Bankr. D. Mass.)
Issue(s)
Property of the Estate; Estate Acquires Same Interest Held by Debtor.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-091

Beach House, LLC, In re

Ruling
Court partially granted fee request but disallowed portion due to nondisclosure of third-party payment. (Bankr. D. Me.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Commercial opinion summary, case decided on June 20, 2025 , LexisNexis #0825-054

Lugo, In re

Ruling
Court ruled foreclosure sale was valid because stay did not apply to property owned by debtor’s corporation. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on June 18, 2025 , LexisNexis #0825-058

Wilson, In re

Ruling
Debt was dischargeable as the Olszeskis did not prove by a preponderance of evidence that any transfers occurred with the intent to hinder, delay or defraud them. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on March 24, 2025 , LexisNexis #0525-083

Ithier, In re

Ruling
Debtor's conduct, while involving initial non-disclosure of assets, did not rise to the level of egregiousness required for a bar to refile upon voluntary dismissal. (Bankr. D.P.R.)
Issue(s)
Effect of Dismissal; Subsequent Filings.

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Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-029