Casey v. Gioioso (In re Sylvia)
Aug
18
2016
Ruling
Trustee’s adversary proceeding concerning powers, rights and obligations attendant to a realestate interest dismissed. (Bankr. D. Mass.)
Issue(s)
Should trustee’s adversary proceeding seeking a declaratory judgment against concerning the powers, rights and obligations of the trustee with respect to the 25 percent membership interest owned by the debtor be dismissed?
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Court
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In re Sylvia
Aug
17
2016
Ruling
Postpetition payments for prepetition attorneys’ fees were property of the estate and could berecovered by trustee. (Bankr. D. Mass.)
Issue(s)
Was the sum of $10,000 received by the debtor postpetition on account of the prepetition legal services and property of the estate or on account of postpetition legal services ?
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Court
:
- 11 U.S.C.
In re Genesys Research Inst. Inc.
Jun
24
2016
Ruling
Reconsideration of sale motion denied.
Issue(s)
Should sale of debtor’s assets free and clear be reconsidered?
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Court
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In re Lombardi
Jun
07
2016
Ruling
Trustee could modify plan to include inheritance received by debtor more than 180 days afterpetition date. (Bankr. D. Mass.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.
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Court
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In re Savino
May
11
2016
Ruling
Debtor could reopen case to avoid attachment impairing homestead exemption. (Bankr. D. Mass.)
Issue(s)
Closing and Reopening Cases; When to Reopen.
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Court
:
- 11 U.S.C.
In re Connolly Geaney Ablitt & Willard P.C.
May
05
2016
Ruling
Chapter 7 trustee allowed attorneys' fees incurred in contempt proceeding with appropriate reductions.
Issue(s)
Could chapter 7 trustee recover attorneys' fees incurred in seeking an order for contempt for failure to comply with production subpoena?
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Court
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In re Corbett
May
03
2016
Ruling
Purchaser of debtor's interest in realty trust was not entitled to an administrative expense claim for attorneys' fees incurred in defending title.
Issue(s)
Was trustee of a realty trust in which debtor held an interest entitled to an administrative expense in for attorneys' fees incurred in both opposing motion for sale by holder of right of first refusal in property previously sold by the chapter 7 trustee and defending an action commenced by the holder in state court?
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Court
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Madoff v. Amaral (In re Amaral)
Apr
20
2016
Ruling
Vested remainder interest in property was property of the estate. (Bankr. D. Mass.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.
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Court
:
- 11 U.S.C.
Agin v. Resendes (In re Borba)
Apr
07
2016
Ruling
Trustee could recover value of property transferred by debtor to sister for no consideration while insolvent.
Issue(s)
Could chapter 11 debtor reject an agreement which the counterparty, also a chapter 11 debtor, intended to assume?
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Court
:
- 11 U.S.C.
Grossman v. Bonefant (In re Bonefant)
Mar
29
2016
Ruling
Fraudulent transfers could be avoided but could be recovered only to the extent not repaid prior to the petition date.
Issue(s)
Whether the bankruptcy court's findings with respect to the dischargeability of the debt under 11 U.S.C. § 523(a)(2)(A) due to conduct of non-debtor builder clearly erroneous?
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Court
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