Judge Rosenthal

In re EM Equip. LLC

Ruling: 
Creditor that established uncontested debt in excess of minimum qualified to file involuntary petition.
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Commercial case opionion summary, case decided on December 30,2013, LexisNexis #0114-071

In re Prime Props. of N.Y. Inc.

Creditor, the servicer for an agency holding a secured interest in the single asset real estate owned by debtor, moved for relief from stay per 11 U.S.C.S. § 362(d)(1) and (2). Debtor opposed that motion and moved for an order pursuant to 11 U.S.C.S. § 363 allowing sale of the property free and clear of all liens including that of the agency.
Ruling: 
Relief from stay granted to secured creditor in single asset real estate case.
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Commercial case opionion summary, case decided on October 13,2010, LexisNexis #1110-080

Keeler v. Abramowitz (In re Abramowitz)

Plaintiff creditors filed a complaint against defendant chapter 7 debtor seeking a determination that a debt owed to them by the debtor was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(6). The debt arose from a state court judgment that found the debtor liable to the creditors for a violation of Mass. Gen. Laws ch. 242, § 7, which prohibited willful trespass to trees.
Ruling: 
Judgment for cutting down trees on creditor's property was not based on willful or malicious conduct and did not give rise to nondischargeable debt.
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Consumer case opionion summary, case decided on February 18,2010, LexisNexis #0410-122

In re Newcomb

The debtor filed a motion to compel abandonment of residential real property of the estate, seeking to compel the chapter 7 trustee to abandon the estate's interest in the debtor's home. The chapter 7 trustee opposed the motion.
Ruling: 
Debtor's motion to compel abandonment of residential real property in which there was no equity granted.
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Consumer case opionion summary, case decided on January 26,2010, LexisNexis #0310-120

In re McComber

A chapter 7 debtor sought to amend his schedules to add a Massachusetts homestead exemption, Mass. Gen. Laws ch. 188, § 1. The trustee objected, arguing that the amendment should be denied because it was sought in bad faith and, if it was allowed, it should not be interpreted to include a contiguous parcel of land not mentioned in the declaration of homestead.
Ruling: 
Debtor could amend schedule to claim homestead exemption.
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Consumer case opionion summary, case decided on January 12,2010, LexisNexis #0210-102

In re Den-L Trans. Inc.

A broker filed a motion to allow a business broker fee for his services rendered in selling a chapter 7 debtor's assets. A creditor objected on the ground that the broker was not engaged to sell the debtor's real estate. The chapter 7 trustee also objected to the motion.
Ruling: 
Broker not entitled to fees for sale of assets actually accomplished by auctioneer.
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Commercial case opionion summary, case decided on January 11,2010, LexisNexis #0310-002

Bronsdon v. Educational Credit Mgmt. Corp. (In re Bronsdon)

On remand from the United States District Court for the District of Massachusetts, the court was directed to give weight to participation in an income contingent repayment plan (ICRP) in determining whether undue hardship existed for discharging a Chapter 7 debtor's student loans under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt confirmed as dischargeable on remand where participation in income contingent repayment plan would not reduce amount owed.
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Consumer case opionion summary, case decided on January 08,2010, LexisNexis #0210-087

In re American Cartage Inc.

Chapter 7 trustee caused the reopening of the debtor's bankruptcy case, and sought approval of a settlement with another waste hauler that helped fulfill the debtor's contractual obligations. Creditor city, the purchaser of the debtor's assets, opposed the settlement on the grounds that it held claims against the other waste hauler that previously belonged to the debtor. The trustee asserted such claims remained with the estate.
Ruling: 
Contract cause of action was property of chapter 7 estate in reopened case.
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Commercial case opionion summary, case decided on December 10,2009, LexisNexis #0110-103

Laboy v. Doral Mortg. Corp. (In re Laboy)

Plaintiff debtors appealed from an order of the Bankruptcy Court for the District of Puerto Rico, that denied the debtors' claim for monetary damages, costs, and attorneys' fees, holding that their avoidance of defendant creditor's $ 25,000 mortgage lien was an adequate remedy, and that no monetary damages were warranted. The debtors asserted that they were denied procedural due process by the bankruptcy court.
Ruling: 
Avoidance of creditor's mortgage was adequate remedy for violation of stay.
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Consumer case opionion summary, case decided on October 23,2009, LexisNexis #1109-103

In re Morais

The debtors, the son and daughter in law of the transferrers of the real property in issue, brought a motion to avoid the judicial lien of a creditor of the transferrers, who was granted a lien against the real property, pursuant to 11 U.S.C.S. § 522(f). The creditor filed an objection.
Ruling: 
Judicial lien avoided as impairing debtor's interest in real property.
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Consumer case opionion summary, case decided on September 18,2009, LexisNexis #1109-016

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