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Vickers v. Hurley (In re Hurley)

Plaintiff creditor filed a complaint against defendant chapter 7 debtor, seeking a determination that the debtor was not entitled to a discharge pursuant to 11 U.S.C. § 727(a)(2), (a)(3), (a)(4) and (a)(5).
Ruling: 
Discharge denied due to debtor's undisclosed transfer of business assets to LLC he controlled 30 days prior to petition date.
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Braunstein v. Gateway Mgmt. Servs. (In re Coldwave Sys. LLC)

Plaintiff chapter 7 trustee initiated an adversary proceeding against defendant creditor to avoid, pursuant to 11 U.S.C. § 547(b), a security interest that the creditor claimed in a certain patent.
Ruling: 
Security interest in patent perfected withing 90 days of petition date was avoidable.
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Hermosilla v. Hermosilla (In re Hermosilla)

The matter before the court was the motion for summary judgment of plaintiff, debtor's stepmother, on the count which she alleged under 11 U.S.C. § 523(a)(6) based upon fraudulent transfer of property from her ex-husband to debtor, her stepson. Debtor cross-moved for summary judgment.
Ruling: 
Postpetition debt arising out of postpetition events was not affected by discharge.
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In re OBrien

The debtor's former wife filed a motion relief from the automatic stay under 11 U.S.C. § 362 so that she could collect a prepetition fee award issued in favor in post-divorce litigation. The debtor opposed the motion.
Ruling: 
Postpetition fee award in post-dissolution proceeding was a domestic support obligation not subject to stay.
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In re OBrien

A debtor's former divorce lawyer filed a motion for relief from the automatic stay concerning a prepetition fee award issued in post-divorce litigation between the debtor and his former wife. The debtor opposed the motion.
Ruling: 
Legal fees accrued in defending debtor in support proceeding was not a nondischargeable domestic support obligation.
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Eastern Savings Bank v. LaFata (In re LaFata)

Before the court were two appeals. In the first, appellant bank challenged an order of the District Court for the District Court of Massachusetts which allowed the bifurcation of appellee debtor's chapter 13 claims. The bank also appealed an order of the Bankruptcy Appellate Panel of the First Circuit (Panel) which denied its Fed. R. Civ. P. 60(b) motion seeking reconsideration of three orders decided in the debtor's favor.
Ruling: 
Banktuptcy court properly bifurcated mortgage claim secured by two lots where home was mistakenly built on dividing property line.
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Desmond v. Baker (In re McDonnell)

Plaintiff, a chapter 7 trustee, sued defendant, counsel to debtor, pursuant to 11 U.S.C. § 542(a) for $1,000 that he received from debtor on account of legal fees allegedly owed for legal services, which payment was made from the proceeds of debtor's postpetition but unauthorized sale of her residence while a chapter 13 was pending. Cross-motions for summary judgment were filed.
Ruling: 
Legal fees paid by debtor from proceeds of unauthorized postpetition sale of residence were recoverable by trustee.
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Ford v. Skorich (In re Skorich)

Appellee wife filed for divorce. Debtor husband filed a bankruptcy petition. The wife filed a motion with the bankruptcy court to obtain escrowed funds awarded to her in the divorce. Appellant trustee argued that the transfer to escrow agents was a preferential transfer avoidable under 11 U.S.C. § 547. The District Court for the District of New Hampshire held that the trustee could not avoid the transfer. The trustee appealed.
Ruling: 
Deposit of funds into escrow for benefit of debtor's former spouse pursuant to divorce decree was not a preferential transfer.
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TD BankNorth v. Ewing (In re Ewing)

Plaintiff creditor filed an adversary proceeding against defendants, debtors, seeking a determination that its debt was nondischargeable both because it did not arise before entry of the order for relief and, in the alternative, under 11 U.S.C. § 523(a)(3) due to the debtors'failure to schedule the debt. The creditor filed a motion for summary judgment.
Ruling: 
Forebearance agreement was essentially a reaffirmation and did not comply with necessary requirements.
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Boles v. Turner (In re Enivid Inc.)

Pending were Motions for Preliminary Injunctions filed by plaintiff plan trustees. Pending also was a related joint motion for entry of an order to the extent necessary, approving the use of the director and officer policy proceeds to fund a securities litigation settlement preliminarily approved by the district court, filed by, inter alia, former officers and directors of a debtor. The trustee of one of the debtors opposed the joint motion.
Ruling: 
Plan trustees not entitled to injunction preventing prosecution and settlement of securities class action cases against debtor's officers and directors.
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