- 11 U.S.C.
Kittery Point Partners, LLC v. Bayview Partners, LLC
Jan
14
2021
Ruling
A bankruptcy court properly rejected debtor's challenges to creditor's proof of claim regardinga note and mortgage as the challenges were barred by the preclusive effect of a state courtjudgment upholding the validity of the note and mortgage. (B.A.P. 1st Cir.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unenforceable Claim.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re--Milk Industry Regulatory Office of the Commonwealth of P.R. v. Rosa Dairy Farm, Inc.
Dec
04
2020
Ruling
Court granted an oversecured creditor's application for attorneys' fees with a reduction onreasonableness grounds. (B.A.P. 1st Cir.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.
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:
- 11 U.S.C.
Stanley-Trafton Holdings, LLC, In re
Nov
24
2020
Ruling
Court granted a conditional stay relief despite adequate protection due to debtor’sequivocation regarding terms of plan. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Gistis, In re
Nov
20
2020
Ruling
Sanctions were warranted against a debtor's counsel as he improperly filed a Schedule C inthe case when he knew that the debtor had no reasonable basis to claim a homesteadexemption. (Bankr. D. Me.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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Rellstab, In re
Nov
10
2020
Ruling
Debtor was not entitled to an award of actual and punitive damages as the foreclosure of thedebtor's investment property did not constitute a willful violation of the automatic stay.(Bankr. D. Mass.)
Issue(s)
Automatic Stay; Remedies for Violation.
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:
- 11 U.S.C.
Nelson v. Wells Fargo Bank, N.A.
Nov
06
2020
Ruling
Bankruptcy court properly granted the lender's motion for relief from stay to foreclose themortgage because debtor's objections were barred by collateral estoppel. (B.A.P. 1st Cir.)
Issue(s)
Automatic Stay.
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Court
:
Judge or Jurisdiction information not available
Miralda, In re
Oct
27
2020
Ruling
Debtor’s counsel award of fees and costs for work on summary judgment motion determinedusing the lodestar method. (Bankr. D. Mass.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.
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Coughlin, In re
Oct
19
2020
Ruling
Motions to enforce stay dismissed as 11 U.S.C §§ 106 and 101(27) lacked the requisite clarityof intent to abrogate tribal sovereign immunity. (Bankr. D. Mass.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.
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:
- 11 U.S.C.
Boston Grand Prix, LLC, In re--Cruickshank v. Casey
Oct
19
2020
Ruling
Trustee was entitled to recover for fraudulent transfers as the principal caused the LLC topay to him funds that served no business purpose. (Bankr. D. Mass.)
Issue(s)
Fraudulent Transfers and Obligations.
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Court
:
- 11 U.S.C.
LaMantia, In re--Rasmussen v. LaMantia
Oct
09
2020
Ruling
Debtor was not entitled to a discharge because prior to filing his petition, he withdrew most ofthe funds from his bank accounts and prepaid several obligations. (Bankr. D. Me.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property;
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