Aug
19
2008
In re Lane
Respondent creditor filed an objection to the confirmation of the chapter 13 plan regarding petitioner debtors. The debtors were above median income debtors with an applicable commitment period of five years, pursuant to 11 U.S.C.S. § 1325(b)(4). The court conducted a hearing on the objection.
Ruling:
Debtors required to file amended schedules and plan due to miscalculation on Form 22C.
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Consumer case opionion summary, case decided on August 19,2008, LexisNexis #1108-056
Aug
14
2008
Riley v. Natl Lumber Co. (In re Reale)
Plaintiff Chapter 7 trustee filed an adversary proceeding against defendant lumber company, pursuant to 11 U.S.C.S. § 547, seeking recovery of a $ 20,000 payment a Chapter 7 debtor made to the lumber company before he declared bankruptcy. The United States Bankruptcy Court for the District of Massachusetts entered judgment in favor of the trustee, and the lumber company appealed.
Ruling:
Bankruptcy court properly avoided settlement payment made to lumber company within 90 days of petition date as preferential.
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Consumer case opionion summary, case decided on August 14,2008, LexisNexis #0908-007
Aug
08
2008
In re Young
A creditor objected to confirmation of the debtor's amended chapter 13 plan under 11 U.S.C.S. § 1325(b) on the ground that the above median debtor understated his projected disposable income (PDI) by claiming expense deductions on Official Bankr. Form 22C to which he was not entitled.
Ruling:
IRS Local Standards established fixed deductions, regardless of debtor's actual expenses.
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Consumer case opionion summary, case decided on August 08,2008, LexisNexis #0808-121
Aug
06
2008
Ferrara v. DAddario (In re Tinney)
Plaintiff, a bankruptcy trustee, filed an action against defendant attorney alleging that the attorney committed legal malpractice when he represented the debtor in certain probate court matters related to the estate of the debtor's deceased adoptive mother. The attorney filed a motion to withdraw the reference to the bankruptcy court, pursuant to 28 U.S.C.S. § 157(d).
Ruling:
Reference of debtor's action for legal malpractice in probate court proceeding withdrawn.
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Consumer case opionion summary, case decided on August 06,2008, LexisNexis #0908-031
Jul
30
2008
Winslow v. Salem Five Mortg. Co. LLC (In re Winslow)
Plaintiff debtor sought damages from defendant creditor for violation of the discharge injunction under 11 U.S.C.S. § 524(a)(2). She alleged that the creditor, a mortgage company, published inaccurate credit reports and issued improper default notices.
Ruling:
Creditor violated discharge injunction by publishing inaccurate credit report.
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Consumer case opionion summary, case decided on July 30,2008, LexisNexis #1208-066
Jul
25
2008
In re Withrow
An attorney filed a motion for a stay pending appeal to the Bankruptcy Appellate Panel for the First Circuit (BAP) of an order, which sanctioned him for violating Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 707(b)(4)(C) and (D) and ordered that sum paid to the chapter 7 trustee within 30 days.
Ruling:
Debtor's attorney denied stay pending appeal of sanctions for misrepresentations in debtor's statements and schedules.
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Consumer case opionion summary, case decided on July 25,2008, LexisNexis #0808-130
Jul
25
2008
In re Trickett
The debtor moved for adjudication of the issue whether the debtor's personalty, in the form of the debtor and his non-debtor spouse's joint federal tax refund for the tax year 2007, was the property of estate or was exempt.
Ruling:
Trustee entitled to one-half of tax refund accrued during prepetition period.
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Consumer case opionion summary, case decided on July 25,2008, LexisNexis #0808-078
Jul
08
2008
B-Real LLC v. Melillo (In re Melillo)
Appellant, a limited liability company (LLC), sought review of a decision of the United States Bankruptcy Court for the District of Massachusetts, which sustained an objection to a proof of claim filed by appellee chapter 13 debtors, finding that the LLC failed to produce evidence of assignment or authority with respect to a credit card obligation allegedly owed by the debtors.
Ruling:
Bankruptcy court properly disallowed claim of assignee of debtor's credit card debt due to insufficient documentation.
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Consumer case opionion summary, case decided on July 08,2008, LexisNexis #0808-042
Jul
07
2008
Lerario v. Nardone (In re Nardone)
Plaintiff judgment creditors brought an adversary proceeding against defendant chapter 7 debtor, seeking to hold the debt arising from a consent judgment nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A).
Ruling:
Debtor collaterally estopped from challenging nondischargeability of consent judgment.
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Consumer case opionion summary, case decided on July 07,2008, LexisNexis #0808-062
Jul
03
2008
In re Withrow
The court issued an order requiring the attorney for a chapter 7 debtor to show cause why he should not, pursuant to Fed. R. Bankr. P. 9011(c)(1)(B), be sanctioned on account of alleged misrepresentations, omissions, and errors in the debtor's bankruptcy schedules, Statement of Financial Affairs, and Rebuttal of Presumption of Abuse.
Ruling:
Debtor's attorney sanctioned for failure to meet obligations to review schedules and resolve or explain contradictions and inconsistencies.
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Consumer case opionion summary, case decided on July 03,2008, LexisNexis #0708-129