Skip to main content

Page Banner(Taxonomy)

1st circuit

Gillis, In re

Ruling
Undisclosed personal injury claims provided no basis for reopening after debtors completedpayments under Chapter 13 plans and received discharges. (Bankr. D. Mass.)
Issue(s)
Effect of Confirmation; Vesting of Property in Estate of Debtor.

ABI Membership is required to access the full summary of Gillis, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 13, 2024 , LexisNexis #1024-068

Taing, In re

Ruling
Creditors' objections based on lack of privity of contract overruled as their claims could betreated through debtor's plan. (Bankr. D. Mass.)
Issue(s)
Confirmation of Plan; Requirements.

ABI Membership is required to access the full summary of Taing, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 12, 2024 , LexisNexis #1024-066

Waterville Redevelopment Co. IV, LLC, In re

Ruling
Second extension of time to file a subchapter V plan of reorganization denied as the debtorfailed to demonstrate circumstances beyond the debtor's control. (Bankr. D. Me.)
Issue(s)
Filing of the Plan; Deadline.

ABI Membership is required to access the full summary of Waterville Redevelopment Co. IV, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 05, 2024 , LexisNexis #1024-021

Fuller, In re

Ruling
Debtor's appeal was barred by res judicata as the parties were identical and claims anddefenses litigated and decided in housing court were the same or sufficiently similar. (Bankr.D. Mass.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

ABI Membership is required to access the full summary of Fuller, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 25, 2024 , LexisNexis #0824-083

HH Tech. Corp. v. HH Tech. Corp.

Ruling
The Bankruptcy Code does not prohibit courts from setting joinder deadlines earlier thandismissal or relief. (B.A.P. 1st Cir.)
Issue(s)
Involuntary Cases; Joining Creditors.

ABI Membership is required to access the full summary of HH Tech. Corp. v. HH Tech. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 17, 2024 , LexisNexis #0824-076

Ansin, In re--Ansin v. Ansin

Ruling
Motion to convert debtor’s Chapter 7 case to Chapter 13 was properly denied due to failure tomake a prima facie showing of sufficiently stable and regular income. (B.A.P. 1st Cir.)
Issue(s)
Who May Be a Debtor; Chapter 13.

ABI Membership is required to access the full summary of Ansin, In re--Ansin v. Ansin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 12, 2024 , LexisNexis #0824-026

NESV Ice, LLC, In re

Ruling
Subordinate lender could vote to accept a joint plan of reorganization as it was neither aninsider nor a non-statutory insider and the subordination agreement did not authorize thesenior lender to vote its claim. (Bankr. D. Mass.)
Issue(s)
Confirmation of Plan; Requirements.

ABI Membership is required to access the full summary of NESV Ice, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 15, 2024 , LexisNexis #0624-068

Kaloyanides, In re--Kaloyanides v. B.C. Produce, Inc.

Ruling
Debtor was entitled to summary judgment in proceeding claiming that debtor committed adefalcation while acting in fiduciary capacity. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

ABI Membership is required to access the full summary of Kaloyanides, In re--Kaloyanides v. B.C. Produce, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 15, 2024 , LexisNexis #0624-041

Karamoussayan, In re--Karamoussayan v. Mass. Dep't of Revenue

Ruling
Appeal was dismissed as the debtor failed to establish that he had been directly and adverselyharmed by the bankruptcy court order. (B.A.P. 1st Cir.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims.

ABI Membership is required to access the full summary of Karamoussayan, In re--Karamoussayan v. Mass. Dep't of Revenue Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 11, 2024 , LexisNexis #0624-034

National Fish & Seafood, Inc., In re--Desmond v. Northern Ocean Liquidating Corp.

Ruling
Changes in payment terms and timing of payment and the collection activities were inkeeping with long historical relationship between debtor and supplier and not grounds foravoidance on preference grounds. (Bankr. D. Mass.)
Issue(s)
Preferences; Exceptions to Avoidance; Payments in Ordinary Course of Business.

ABI Membership is required to access the full summary of National Fish & Seafood, Inc., In re--Desmond v. Northern Ocean Liquidating Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 01, 2024 , LexisNexis #0624-015