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Judge Haines

Haley v. Barclays Bank Del. (In re Carter)

Ruling: 
Preference period payments were not avoidable as made in the ordinary course of business and in exchange for new value.
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Consumer case opionion summary, case decided on March 03,2014, LexisNexis #0314-126

Zizza v. Pappalardo (In re Zizza)

Ruling: 
Case converted to chapter 7 due to failure to disclose two personal injury lawsuits.
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Consumer case opionion summary, case decided on October 18,2013, LexisNexis #1113-067

Bullard v. Hyde Park Sav. Bank (In re Bullard)

Chapter 13 debtor appealed the order of the United States Bankruptcy Court for the District of Massachusetts that denied confirmation of his third amended chapter 13 plan. Appellee creditor held a mortgage on the debtor's residential real estate as security for repayment of a promissory note. The plan proposed to bifurcate the creditor's secured claim under 11 U.S.C.S. § 506(a).
Ruling: 
Confirmation denied as debtor could not reduce secured claim and also pay the claim outside of plan term.
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Consumer case opionion summary, case decided on May 24,2013, LexisNexis #0613-085

Traverse v. Traverse

Debtor challenged an order from the United States Bankruptcy Court for the District of Massachusetts that granted summary judgment in favor of chapter 7 trustee in the debtor's counterclaim seeking to limit the scope of the trustee's ability to sell her home.
Ruling: 
Trustee properly exercised strong arm powers to avoid mortgage line and preserve it for the benefit of the estate.
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Consumer case opionion summary, case decided on February 04,2013, LexisNexis #0213-124

In re Schayes

Chapter 11 debtors filed a motion for summary judgment on their claim that their home did not qualify as their principal residence for purposes of 11 U.S.C.S. § 1123(b)(5). A secured lender filed a response.
Ruling: 
Debtors' home, purchased for investment but used as pre- and postpetition residence was their primary residence.
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Consumer case opionion summary, case decided on December 04,2012, LexisNexis #1212-127

Gonsalves v. Belice (In re Belice)

Appellant, a pro se creditor, challenged: (1) the order granting the motion of appellee debtor to dismiss the creditor's adversary complaint; and (2) the order denying the creditors's motion for relief from judgment. The appeal was from the U.S. Bankruptcy Court for the District of Massachusetts.
Ruling: 
Dismissal of creditor's nondischargeability proceeding reversed and remanded due to bankruptcy court's broadening of scope of consideration on original remand.
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Consumer case opionion summary, case decided on October 15,2012, LexisNexis #1112-016

In re Paradis

Debtors filed a petition under chapter 13 of the Bankruptcy Code, and the Internal Revenue Service ("IRS") filed a secured claim and an unsecured claim against the debtors' bankruptcy estate. The debtors filed an objection to the IRS's unsecured claim and asked the court to confirm a plan they proposed that did not give the IRS's unsecured claim priority status. The parties submitted the issue on a stipulated record.
Ruling: 
IRS claim for taxes assessed more than three years before petition date could be treated as unsecured in plan.
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Consumer case opionion summary, case decided on September 10,2012, LexisNexis #1012-048

In re BataaKierland LLC

Movant secured creditor, a lender, sought to "designate," that is, to disqualify another secured creditor's acceptance of the plan of reorganization, pursuant to 11 U.S.C.S. § 1126(e), alleging that the acceptance was not made in good faith. Debtor owned a single real estate asset. The creditor's apparent motive in approving the plan under 11 U.S.C.S. § 1129(a)(10), was to see the debtor succeed in its reorganization.
Ruling: 
Motion to designate impaired creditor's acceptance of plan for bad faith denied.
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Commercial case opionion summary, case decided on September 04,2012, LexisNexis #1012-095

Cadel Co. v. Andersen (In re Andersen)

Creditor challenged a decision of the United States Bankruptcy Court for the District of Massachusetts, which dismissed its complaint to revoke the chapter 7 discharge of appellee debtor pursuant to 11 U.S.C.S. § 727(d)(1) and (3).
Ruling: 
Bankruptcy court properly dismissed proceeding to revoke discharge that was filed after relevant deadline.
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Consumer case opionion summary, case decided on August 17,2012, LexisNexis #0912-061

In re Glimcher

A bankruptcy trustee who was appointed to administer a chapter 7 debtor's bankruptcy estate filed a motion for an order requiring a law firm the debtor retained before he declared bankruptcy to turn over payments it received from the debtor and companies he owned, claiming that the payments were property of the debtor's bankruptcy estate. The law firm opposed the trustee's motion.
Ruling: 
Debtor's prepetition lawyers ordered to turn over fees paid by debtor and debtor's companies.
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Consumer case opionion summary, case decided on May 08,2012, LexisNexis #0512-113

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