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Netria Corp. v. Graham (In re Graham)

Creditor filed motions (1) for summary judgment seeking a determination that the debt owed it by chapter 7 debtor was excepted from discharge under 11 U.S.C. § 523(a)(6); (2) for relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) in order to allow the state court to enter final judgment and determine the amounts of creditor's liability; and (3) to strike debtor's answer pursuant to Fed. R. Civ. P. 12(f).
Ruling: 
Debtor's misappropriation of trade secrets was willful and malicious rendering debt nondischargeable.
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In re Pina

Pending was the motion of a creditor and co-tenant to compel compliance with a state court order or, alternatively, to dismiss the case or grant relief from stay. Pursuant to the motion, the creditor and co-tenant primarily sought an order compelling the court to give effect to a final judgment of a Massachusetts court requiring debtor to convey her 51 percent interest in a property. The chapter 7 trustee and debtor opposed the motion.
Ruling: 
Trustee could avoid debtor's co-tenant's unrecorded equitable interest in property as bona fide purchaser.
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Nosek v. Ameriquest Mortg. Co. (In re Nosek)

On remand from the district court, the court was directed to reconsider its prior decision, which held that creditor was liable to chapter 13 debtor for violations of the Massachusetts Consumer Protection Act (Chapter 93A) and awarded debtor $250,000 in emotional distress damages for a breach of the implied covenant of good faith and fair dealing.
Ruling: 
Debtor entitled to actual damages for emotional distress and punitive damages due to creditor's failure to properly account for plan payments.
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In re Weerawat

The matter came before the court for hearing on the chapter 7 trustee's Second Motion for Contempt by which the trustee sought an order holding debtor in contempt and requesting that debtor be incarcerated for failing to comply with the court's Order of January 4, 2007 directing debtor to turn over $100,000 to the trustee.
Ruling: 
Debtor who spent substantial portion of estate funds contrary to court order directed to pay $100 per day or face arrest and incarceration.
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Morley v. Ontos Inc. (In re Ontos Inc.)

Appellants, former employees of debtor corporation and alleged creditors, challenged an order from the District Court for the District of Massachusetts that affirmed a bankruptcy court's approval of a stipulation for waiver and release entered by the trustee for the bankruptcy estate with appellees, debtor's corporate officers, shareholders, and board members.
Ruling: 
Claims for breach of fiduciary duty against directors of debtor were property of the estate and could be settled by trustee.
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Kibbe v. Sumski (In re Kibbe)

Appellant debtor challenged an order of the Bankruptcy Court for the District of New Hampshire denying confirmation of her chapter 13 plan. Appellee was the chapter 13 trustee.
Ruling: 
Bankruptcy court properly calculated "projected disposable income" in rejecting debtor's plan.
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In re Creighton

A bankruptcy debtor and a creditor stipulated that the debtor would assume prepetition vehicle lease agreements under 11 U.S.C. § 365(p)(2) and waive any effect of a bankruptcy discharge. The creditor moved for reconsideration of the bankruptcy court's orders that the debtor would not be deemed to assume the agreements in the absence of reaffirmation agreements under 11 U.S.C. § 524(c).
Ruling: 
Debtor's agreement with creditor to assume prepetition motor vehicle lease was not enforceable due to lack of reaffirmation agreement.
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In re Ground Round Inc.

Movant, a liquidating agent for the debtors, requested the entry of an order, pursuant to the court's authority under 11 U.S.C. § 105, enforcing an asserted injunction set forth in the debtors'joint liquidating plan of reorganization against respondent state taxing authorities, which were attempting to collect taxes from former officers or directors of the debtors. The taxing authorities filed oppositions to the motion.
Ruling: 
Bankruptcy court lacked authority to enforce alleged injunction that was not expressly set forth in plan or settlement with creditor.
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In re Brown

The creditor's counsel objected to the chapter 13 trustee's report and filed a motion for the allowance of an administrative expense for professional services rendered, pursuant to 11 U.S.C. § 503(b)(1)(A).
Ruling: 
Creditor granted administrative expense for counsel fees due to actions to preserve estate.
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In re Harwick

The United States Trustee filed a motion to dismiss chapter 7 debtors'case pursuant to 11 U.S.C. § 707(b)(2).
Ruling: 
Means test for above median debtors is to be applied to circumstances on petition date and not to possible postpetition developments.
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