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1st circuit

Kalinina, In re

Ruling
Imposition of stay denied in debtor's third Chapter 11 case within one year as it was filed forthe sole purpose of delaying the creditor. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or

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Consumer opinion summary, case decided on October 08, 2020 , LexisNexis #1120-79

Manzueta, In re

Ruling
Relief from stay denied as the debtor filed his petition on the day of foreclosure with the clerkvia email due to pandemic restrictions. (Bankr. D. Mass.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on October 06, 2020 , LexisNexis #1120-78

McNamara, In re--Bank of Canton v. McNamara

Ruling
Debtor’s discharge was denied due to false information in debtor’s schedules and statement offinancial affairs. (Bankr. D. Mass.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on September 18, 2020 , LexisNexis #1120-015

Ramos, In re--Ramos v. White

Ruling
Default judgment obtained by debtor vacated due to insufficient service of process. (Bankr. D.Mass.)
Issue(s)
Process; Service of Summons, Complaint; Personal Jurisdiction.

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Consumer opinion summary, case decided on September 02, 2020 , LexisNexis #1020-048

Velez, In re--Conde-Vidal v. Pinto-Lugo

Ruling
Bankruptcy court did not err in ruling that the co-debtor stay was not applicable afterconsidering creditor’s motion for relief on the papers. (B.A.P. 1st Cir.)
Issue(s)
Stay of Action Against Codebtor; Termination of Stay.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 29, 2020 , LexisNexis #0920-045

Mojica Nieves & Navarro Pastor, In re

Ruling
Court determined that debtors' proposed plan did not affect private association's lien. (Bankr.D.P.R.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on July 15, 2020 , LexisNexis #0820-098

Penobscot Valley Hosp., In re--Penobscot Valley Hosp. v. Carranza

Ruling
Paycheck Protection Program exclusion of debtors was not discrimination on account of bankruptcy. (Bankr. D. Me.)
Issue(s)
Protection Against Discriminatory Treatment.

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Commercial opinion summary, case decided on June 03, 2020 , LexisNexis #0720-063

Melhem, In re--DeLaiarro v. Melhem

Ruling
Debt not excepted from discharge where creditor failed to establish each and every element ofthe test for nondischargeability. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on May 22, 2020 , LexisNexis #0720-013

Brown, In re--Ostrander v. Brown

Ruling
Bankruptcy court erred in finding that pre-petition, uncashed retirement check was notproperty of the estate. (B.A.P. 1st Cir.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 21, 2020 , LexisNexis #0720-018

Organic Power LLC v. Small Bus. Admin.

Ruling
Temporary restraining order granted as the SBA discriminated against debtor by excluding debtor from the Paycheck Protection Program. (Bankr. D.P.R.)
Issue(s)
Protection Against Discriminatory Treatment; Discrimination by Governmental Unit.

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Court :
Commercial opinion summary, case decided on May 08, 2020 , LexisNexis #0820-038