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FirstBank P.R. v. Mujica (In re Mujica)

Ruling: 
Creditor failed to establish that it had a validly perfected lien on the petition date or that it was entitled to the postpetition recording exception.
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Consumer case opionion summary, case decided on March 31,2014, LexisNexis #0714-039

In re Montreal Me. & Atl. Ry.

Ruling: 
Wrongful death claims resulting from railway accident were related to debtor's bankruptcy and should be tried in the same court.
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Commercial case opionion summary, case decided on March 21,2014, LexisNexis #0714-068

Saunders v. Getchell Agency

Ruling: 
District court lacked jurisdiction over unpaid wage claim under FLSA that was property of debtor's bankruptcy estate.
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Consumer case opionion summary, case decided on February 11,2014, LexisNexis #0714-056

Howison v. Milo Enters.

Chapter 7 trustee brought an adversary proceeding against defendant in the United States Bankruptcy Court for the District of Maine, seeking to avoid allegedly preferential or fraudulent transfers. After the bankruptcy court denied the parties' cross-motions for summary judgment, defendant filed a motion in district court under 28 U.S.C.S. § 157(d) to withdraw the reference.
Ruling: 
Motion to withdraw reference of preference proceeding denied on timeliness grounds.
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Commercial case opionion summary, case decided on May 21,2012, LexisNexis #0612-069

Moran v. City of Central Falls

Appellant, a former police chief for appellee city, challenged a decision of the U.S. Bankruptcy Court for the District of Rhode Island, which authorized the court-appointed chapter 9 receiver for the city to reject an employment contract between the police chief and the city pursuant to 11 U.S.C.S. § 365(a).
Ruling: 
Bankruptcy court properly authorized receiver for debtor city to reject contract with police officer.
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Commercial case opionion summary, case decided on May 04,2012, LexisNexis #0612-010

Oquendo-Claudio v. Santander Fin. Servs.

Plaintiff bankruptcy debtors sued defendant corporation for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C.S. § 1692 et seq. The court denied the corporation's motion to dismiss. The corporation moved for reconsideration and also moved for partial dismissal of an amended complaint.
Ruling: 
Unscheduled Fair Debt Collection Practices Act claims dismissed except as to debtor who later amended schedules.
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Consumer case opionion summary, case decided on October 31,2011, LexisNexis #1111-084

Roggio v. City of Gardner

Plaintiffs, a bankruptcy debtor and her husband, sued defendants under 42 U.S.C.S. § 1983 and federal and state privacy laws. The court stayed the debtor's claims to allow the debtor to seek authority to treat the claims as abandoned by the bankruptcy estate. The debtor requested that the stay be lifted.
Ruling: 
Debtor lacked standing to pursue unscheduled but not abandoned cause of action.
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Consumer case opionion summary, case decided on September 16,2011, LexisNexis #1011-055

Reynolds v. Bank of Canton (In re Reynolds)

Appellant debtors filed a Chapter 13 petition in the United States Bankruptcy Court for the District of Massachusetts, which converted the case to Chapter 7. The debtors'motion to vacate the conversion order was denied. The debtors filed adversary proceedings challenging a sale of property, and the bankruptcy court dismissed those proceedings. The debtors appealed.
Ruling: 
Debtor could not seek to vacate conversion from chapter 13 to chapter 7 more than one month after order.
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Consumer case opionion summary, case decided on August 02,2011, LexisNexis #0811-130

In re Fiorillo

Debtor's chapter 11 case was converted to a chapter 7 proceeding by the U. S. Bankruptcy Court for the District of Massachusetts. The debtor moved to dismiss for lack of jurisdiction. The bankruptcy court denied the motion. The debtor appealed.
Ruling: 
Voluntary dismissal based on non-compliance with credit counseling requirement denied where debtor had previously claimed compliance.
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Consumer case opionion summary, case decided on June 24,2011, LexisNexis #0711-071

Ferrara v. Kraft Foods Global Inc.

Before a magistrate judge for a report and recommendation were defendant employer's motion to dismiss plaintiff former employee's state employment discrimination action and the employer's motion to dismiss the employee's first amended complaint.
Ruling: 
Debtor employee barred from pursuing undisclosed employment discrimination claim that could still be brought by trustee on behalf of the estate.
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Consumer case opionion summary, case decided on May 05,2011, LexisNexis #0711-049

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