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1st circuit

MPAC Home Improvement & Constr., LLC, In re--Goldsmith v. O'Beirne

Ruling
Motion to dismiss denied given evidence that debtor intended to hinder, delay, or defraudcreditors. (Bankr. D. Mass.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on April 01, 2024 , LexisNexis #0624-016

Kalaydzhan, In re--Ross v. Kalaydzhan

Ruling
Debtor was estopped, by the misrepresentations made in loan closing affidavits, fromobjecting to claims asserted by lender. (Bankr. D. Mass.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on March 26, 2024 , LexisNexis #0524-084

Karamoussayan, In re--Karamoussayan v. Mass. Dept. of Revenue

Ruling
Debtor's Chapter 13 case was converted to a Chapter 7 case for cause given his blatantdisregard of the bankruptcy court's orders prohibiting use of cash collateral. (B.A.P. 1st Cir.)
Issue(s)
Conversion or Dismissal; For Cause.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 12, 2024 , LexisNexis #0424-048

Neiva, In re--Neiva v. LoanCare, LLC

Ruling
Foreclosure of debtor's equity of redemption was avoidable as the transfer was not evidencedby recording as required to be effective against third parties under state law. (Bankr. D. Mass.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Consumer opinion summary, case decided on February 09, 2024 , LexisNexis #0424-043

Diamond, In re--Cassouto-Noff & Co. v. Diamond

Ruling
Debtor's judgment debt was not excepted from discharge as even if debtor misrepresented thatshe would be personally liable for the creditor's legal fees, the creditor failed to meet isburden as to actual reliance. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on January 30, 2024 , LexisNexis #0324-063

Blair House Assocs., In re

Ruling
No adjustment to the amount of fees awarded was warranted as the trustee had not introducedany new evidence undermining the bad faith finding or showing that the deceased trustee'sconduct was more egregious than previously thought. (Bankr. D. Me.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Award of Costs and Fees.

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Commercial opinion summary, case decided on January 29, 2024 , LexisNexis #0324-054

Worcester Country Club Acres, LLC, In re

Ruling
Questions regarding ownership of disputed land and development rights had to beadjudicated prior to a sale under debtor’s Chapter 11 plan. (Bankr. D. Mass.)
Issue(s)
Use, Sale, or Lease of Property.

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Commercial opinion summary, case decided on November 07, 2023 , LexisNexis #0124-028

Muncy, In re

Ruling
Debtor was not entitled to entry of default as the certificate of service was filed more thanthree months after service was purportedly made. (Bankr. S.D. Ohio)
Issue(s)
Default.

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Consumer opinion summary, case decided on October 25, 2023 , LexisNexis #0624-074

Stored Solar Enters., Series LLC, In re

Ruling
Disclosure statement with respect to the Chapter 11 plan for the debtor was approved. (Bankr.D. Me.)
Issue(s)
Postpetition Disclosure and Solicitation.

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Commercial opinion summary, case decided on October 06, 2023 , LexisNexis #1223-042

Nyamusevya, In re

Ruling
Prefiling requirements imposed on claimant who contested foreclosure judgment for years.(Bankr. S.D. Ohio)
Issue(s)
Power of Court.

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Consumer opinion summary, case decided on September 29, 2023 , LexisNexis #1223-026