Oct
03
2008
Ameriquest Mortg. Co. v. Nosek (In re Nosek)
A bankruptcy court awarded emotional distress damages and punitive damages, pursuant to 11 U.S.C.S. § 105(a), to appellee chapter 13 debtor in an adversary proceeding based on appellant mortgagee's violations of 11 U.S.C.S. § 1322(b). The Massachusetts District Court affirmed the judgment and confirmation of an amended chapter 13 plan to reflect the awards. Appellant challenged the decisions.
Ruling:
Damages awarded for mortgage creditor's alleged violations of plan reversed due to absence of underlying violation of Bankruptcy Code.
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Consumer case opionion summary, case decided on October 03,2008, LexisNexis #0109-029
Sep
19
2008
Richmond v. New Hampshire Supreme Court Comm. on Profl Conduct
Appellant attorney was ordered to reimburse appellee New Hampshire Supreme Court Committee on Professional Conduct for the costs of bringing disciplinary proceedings against him. The attorney filed for chapter 7 bankruptcy. The bankruptcy court and the District Court for the District of New Hampshire found the cost assessments non-dischargeable under 11 U.S.C.S. § 523(a)(7). The attorney appealed.
Ruling:
Assessment of fees against attorney in disciplinary proceeding was in nature of a fine or penalty and was nondischargeable.
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Consumer case opionion summary, case decided on September 19,2008, LexisNexis #1008-097
Sep
17
2008
Weaver v. Harmon Law Offices P.C. (In re Weaver)
Defendants attempted to appeal from a bankruptcy court decision under 28 U.S.C. § 158(d)(2), which permitted direct appeals to the court of appeals, with that court's permission, from bankruptcy court decisions under certain circumstances, including where the bankruptcy court certified that the appeal satisfied the statutory criteria for permitting such a direct appeal. The court issued a show-cause order why the appeal should not be dismissed.
Ruling:
Direct appeal from bankruptcy court of dismissed due to failure to seek authorization of appellate court.
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Consumer case opionion summary, case decided on September 17,2008, LexisNexis #1008-091
Court: 1st Circuit ( ) [ Circuit Court ]
May
07
2008
Barroso-Herrans v. Lugo-Mender (In re Barroso-Herrans)
Appellant debtors sought review of a decision of the U.S. District Court for the District of Puerto Rico, which upheld a bankruptcy court's approval of a litigation settlement in their chapter 7, 11 U.S.C.S. § 701 et seq., bankruptcy case that appellee trustee had unilaterally negotiated with a state agency.
Ruling:
Bankruptcy court properly approved trustee's settlement of lawsuits where debtor's valuation of claimed exemption was dubious.
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Consumer case opionion summary, case decided on May 07,2008, LexisNexis #0608-029
Jan
23
2008
Larson v. Howell (In re Larson)
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.
Ruling:
Negligent vehicular homicide qualified as a criminal act capping debtor's homestead exemption at $125 thousand.
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Consumer case opionion summary, case decided on January 23,2008, LexisNexis #0208-046
Jan
22
2008
Pasquina v. Cunningham (In re Cunningham)
In a bankruptcy case, appellant creditor sought review of a decision of the District Court for the District of Massachusetts, which held that the postpetition sale of appellee debtor's home, for which he had obtained a homestead exemption under Mass. Gen. Laws ch. 188, § 1, protecting it from creditors, did not cause the proceeds of the sale to lose their exempt status under the Bankruptcy Code and become subject to a prepetition debt.
Ruling:
Proceeds of sale of exempt homestead were not subject to nondischargeable claim by creditor.
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Consumer case opionion summary, case decided on January 22,2008, LexisNexis #0208-065