Pabla, In re
Sep
30
2021
Ruling
Debtors could not avoid judicial liens that had no value on the petition date and did notimpair their homestead exemption. (Bankr. D. Mass.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
ABI Membership is required to access the full summary of Pabla, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
O'Sullivan, In re--Casper v. O'Sullivan
Sep
01
2021
Ruling
Bankruptcy court did not err in ruling the debt was not excepted from discharge as creditorfailed to demonstrate actual reliance. (B.A.P. 1st Cir.)
ABI Membership is required to access the full summary of O'Sullivan, In re--Casper v. O'Sullivan 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
- 11 U.S.C.
Garcia v. Garcia
Aug
25
2021
Ruling
Nondischargeability complaint dismissed as plaintiff did not establish that debtor made anymisrepresentation, either by affirmative statement or omission, regarding constructionpermits. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
ABI Membership is required to access the full summary of Garcia v. Garcia Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Corda, In re--Desmond v. Corda
Aug
18
2021
Ruling
Debtor was not entitled to summary judgment on Trustee's turnover claim as there was agenuine dispute of material fact on the issue of whether debtor was in possession, custody,or control of sale proceeds. (Bankr. D. Mass.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.
ABI Membership is required to access the full summary of Corda, In re--Desmond v. Corda Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Minkina, In re
Jul
28
2021
Ruling
Chapter 13 debtor was entitled to avoidance of a judicial lien against her residence in itsentirety because the lien impaired the homestead exemption to which she was entitled. (Bankr.D. Mass.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
ABI Membership is required to access the full summary of Minkina, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Ortega, In re--Harrington v. Maali
Jul
28
2021
Ruling
Judgment for the repeated violations by bankruptcy petition preparer affirmed. (B.A.P. 1st Cir.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions.
ABI Membership is required to access the full summary of Ortega, In re--Harrington v. Maali 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
Lopez, In re--Mondriguez-Torres v. Lopez
Jul
21
2021
Ruling
Bankruptcy court did not err in denying purported creditor's proof of claim as untimelybecause Rule 9006(b)(3) precluded the requested excusable neglect relief in the Chapter 13case. (B.A.P. 1st Cir.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement;
ABI Membership is required to access the full summary of Lopez, In re--Mondriguez-Torres v. Lopez 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
Gallagher, In re--Cooper v. Gallagher
Jul
08
2021
Ruling
Creditor failed to carry burden of establishing the requirements of nondischargeability asdebtor contractor complied with state law and was not obligated to disclose any permit inconjunction with this project. (Bankr. D. Mass.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
ABI Membership is required to access the full summary of Gallagher, In re--Cooper v. Gallagher Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Venuto, In re
Jul
02
2021
Ruling
Creditor's filing of a state court action to recover a pre-petition debt despite notice of debtor’sdischarge violated the discharge injunction. (Bankr. D. Mass.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Venuto, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Rallo, In re
Jul
02
2021
Ruling
Motion to extend the stay was denied because the debtor had not offered clear and convincingevidence to rebut the presumption that the case was not filed in good faith and debtor had notfiled a plan. (Bankr. D. Me.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior
ABI Membership is required to access the full summary of Rallo, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: