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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

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

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

Sarner v. Dean Cooperative Bank (In re Sarner)

Debtor appealed from the bankruptcy court's denial of its motion for reconsideration of its order granting appellee relief from stay to foreclose on its mortgage.
Ruling: 
Bankruptcy court did not err in refusing to reconsider granting relief from stay where third party sale would have been disturbed.
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Consumer case opionion summary, case decided on March 28,2011, LexisNexis #0411-072

Jones v. Carrington Mortg. Servs. LLC

Debtor sought reconsideration of allowance of creditor's mortgage claim, challenging whether creditor was the actual holder of the note the mortgage secured.
Ruling: 
Reconsideration of allowance of mortgage claim based on chain of ownership denied.
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Consumer case opionion summary, case decided on March 22,2011, LexisNexis #0411-045

Quinones v. MSA Records Inc.

Plaintiffs filed a request for summary judgment, the entry of default judgment, and a determination of the recoverable damages claimed by them in their action against defendants, music company, its conjugal partnerships, insurers, and an individual.
Ruling: 
Damages award was to be offset by payments received by plaintiff creditor under chapter 13 plan.
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Consumer case opionion summary, case decided on October 29,2010, LexisNexis #1110-110

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