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In re American Cartage Inc.

Chapter 7 trustee caused the reopening of the debtor's bankruptcy case, and sought approval of a settlement with another waste hauler that helped fulfill the debtor's contractual obligations. Creditor city, the purchaser of the debtor's assets, opposed the settlement on the grounds that it held claims against the other waste hauler that previously belonged to the debtor. The trustee asserted such claims remained with the estate.
Ruling: 
Contract cause of action was property of chapter 7 estate in reopened case.
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Commercial case opionion summary, case decided on December 10,2009, LexisNexis #0110-103

In re Morais

The debtors, the son and daughter in law of the transferrers of the real property in issue, brought a motion to avoid the judicial lien of a creditor of the transferrers, who was granted a lien against the real property, pursuant to 11 U.S.C.S. § 522(f). The creditor filed an objection.
Ruling: 
Judicial lien avoided as impairing debtor's interest in real property.
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Consumer case opionion summary, case decided on September 18,2009, LexisNexis #1109-016

201 Forest St. LLC v. LBM Fin. LLC (In re 201 Forest St. LLC)

Plaintiff debtors objected to claims made by defendants, a lender and its individual owner, on a series of notes and guarantees. Plaintiff's so-called "counterclaims" included that default rates on interest on said notes were unenforceable penalties, that defendants' claims were properly equitably subordinated per 11 U.S.C.S. § 510, that defendants had violated Mass. Gen. Laws Ann. ch. 93A, and that no award under 11 U.S.C.S. § 506 was proper.
Ruling: 
Court disallowed creditors' claims for excessive default interest and late fees and awarded debtor punitive damages and fees.
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Commercial case opionion summary, case decided on June 30,2009, LexisNexis #0809-116

Massachusetts v. Bartel (In re Bartel)

Plaintiff the Commonwealth of Massachusetts filed an action to deny defendant debtor a discharge in bankruptcy, pursuant to 11 U.S.C.S. §§ 727(a)(2),(3),(4)(A), (5), or (6)(A) and (B) or alternatively to except certain debts from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(a), (6) or (7). The debtor claimed that the Commonwealth did not have standing to object to discharge.
Ruling: 
State had standing to contest debtor's discharge on behalf of consumers.
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Consumer case opionion summary, case decided on April 13,2009, LexisNexis #0709-033

In re Newcomb

A chapter 7 debtor filed a motion to avoid judicial liens under 11 U.S.C.S. § 522(f)(1). Only one lien holder responded to the motion.
Ruling: 
Judicial lien could be avoided regardless of validity of subordination agreement containing waiver of homestead exemption.
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Consumer case opionion summary, case decided on April 08,2009, LexisNexis #0609-079

Braunstein v. Sperbeck (In re Logistics Info. Sys.)

Chapter 7 trustee filed a 10-count complaint against defendants, a corporation and various individuals, alleging, inter alia, that defendants made fraudulent conveyances under state law. The trustee sought an order requiring defendants to turn over assets to debtor corporation's bankruptcy law, and filed a motion for an order consolidating the debtor and defendant corporation. The case was tried to the court.
Ruling: 
Debtor consolidated with new corporation created by principal with debtor's funds.
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Commercial case opionion summary, case decided on March 18,2009, LexisNexis #0509-137

United States v. Coleman (In re Alloway)

In consolidated bankruptcy cases, United States Trustee brought adversary proceedings against pro se bankruptcy petition preparer alleging that the preparer failed to comply with the requirements of 11 U.S.C.S. § 110 in preparing bankruptcy documents for numerous bankruptcy debtors.
Ruling: 
Bankruptcy petition preparer sanctioned for making unsolicited phone calls to possible debtors.
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Consumer case opionion summary, case decided on February 18,2009, LexisNexis #0509-037

In re Romero

Before the court in the chapter 11 case was debtor's objection to Claim 4.2 and Claim 7 of a holder of two notes, each secured by mortgages on debtor's real estate. At issue was whether the note holder was entitled to recover prepayment fees provided for in the relevant loan documents.
Ruling: 
Creditor that received notice of plan and did not object could not recover prepayment fees not provided for in confirmed plan.
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Consumer case opionion summary, case decided on February 05,2009, LexisNexis #0309-128

Bronsdon v. Educational Credit Mgmt. Corp. (In re Bransdon)

Plaintiff debtor filed an adversary complaint seeking a discharge of her student loan debt to defendant creditor based on undue hardship, pursuant to 11 U.S.C.S. § 523(a)(8).
Ruling: 
64 year-old debtor with specialized legal secretary skills who had been unable to pass the bar granted undue hardship discharge of student loan debt.
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Consumer case opionion summary, case decided on January 13,2009, LexisNexis #0309-013