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Anthis v. Copland (In re Copland)

Sep
23
2010
Ruling
State court judgment arising from debtor's fatal shooting of creditor's husband was nondischargeable.
Procedural posture

A judgment creditor sought a determination that defendant, a chapter 7 debtor, was not entitled to the discharge of a state court judgment arising from the shooting death of the victim, who was creditor's husband, by the debtor pursuant to 11 U.S.C.S. § 523(a)(6).

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Consumer opinion summary, case decided on September 23, 2010 , LexisNexis #1210-120
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Rederford v. US Airways Inc.

Dec
14
2009
Ruling
Possibility of pursuing equitable remedy of reinstatement did not remove Americans with Disabilities Act claim from scope of discharge injunction.
Procedural posture

Plaintiff former employee filed a complaint alleging her termination violated Title I of the Americans with Disabilities Act (ADA), 42 U.S.C.S. §§ 12111-12117, and seeking reinstatement, damages, and attorney's fees. Defendant former employer moved to dismiss, asserting that the suit was barred by a bankruptcy court's permanent injunction. The district court for the District of Rhode Island granted the motion. The employee appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on December 14, 2009 , LexisNexis #0110-030
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Boston & Me. Corp. v. Massachusetts Bay Transp. Auth.

Nov
24
2009
Ruling
Action for contribution in environmental remediation matter barred by defendant railroad's 1983 discharge under Bankruptcy Act of 1898.
Procedural posture

Plaintiff, a freight railroad, sued defendant, a mass transit company, seeking to enjoin defendant from making claims for contribution against plaintiff for remediation costs under Mass. Gen. Laws ch. 21E associated with a terminal that it purchased out of plaintiff's bankruptcy. The U.S. District Court for the District of Massachusetts denied plaintiff's motion for partial summary judgment on the contribution claims. Plaintiff appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on November 24, 2009 , LexisNexis #1209-101
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Braunstein v. McCabe

Jun
26
2009
Ruling
Debtor and spouse not entitled to jury trial of turnover proceeding.
Procedural posture

Trustee filed a turnover complaint under 11 U.S.C.S. § 542 against a lawyer and his wife, seeking to obtain insurance proceeds. The United States District Court for the District of Massachusetts denied the jury trial demand filed by the lawyer and the wife, ordered $ 30,263 turned over, and dismissed a claim against the trustee's attorney. The lawyer and the wife appealed. The trustee cross-appealed the turnover amount.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 26, 2009 , LexisNexis #0709-137
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Krys v. Sugrue

Oct
23
2008
Ruling
Motion to remand fraud action directly related to debtors'bankruptcy denied.
Procedural posture

Plaintiff trustee of a litigation trust which was assigned claims of the estate of a bankruptcy debtor, brought actions in state courts against defendants, agents and insiders of the debtor and others, including a bank, alleging that defendants aided and abetted the debtor's fraud. The actions were removed to federal court, the trustee moved to remand the actions, and the bank moved to refer claims against it to the bankruptcy court.

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Commercial opinion summary, case decided on October 23, 2008 , LexisNexis #1108-104
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Larson v. Howell (In re Larson)

Jan
23
2008
Ruling
Negligent vehicular homicide qualified as a criminal act capping debtor's homestead exemption at $125 thousand.
Procedural posture

Criminal charges arising from a motor vehicle accident were filed against appellant debtor. The debtor and appellee victim's husband settled the civil case. The debtor filed a bankruptcy petition and claimed a homestead exemption. The bankruptcy court found that the accident constituted a "criminal act" under 11 U.S.C. § 522(q)(1)(B)(iv). The District Court for the District of Massachusetts affirmed. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 23, 2008 , LexisNexis #0208-046
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