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Keeler v. Abramowitz (In re Abramowitz)

Plaintiff creditors filed a complaint against defendant chapter 7 debtor seeking a determination that a debt owed to them by the debtor was not dischargeable pursuant to 11 U.S.C.S. § 523(a)(6). The debt arose from a state court judgment that found the debtor liable to the creditors for a violation of Mass. Gen. Laws ch. 242, § 7, which prohibited willful trespass to trees.
Ruling: 
Judgment for cutting down trees on creditor's property was not based on willful or malicious conduct and did not give rise to nondischargeable debt.
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Consumer case opionion summary, case decided on February 18,2010, LexisNexis #0410-122

In re Newcomb

The debtor filed a motion to compel abandonment of residential real property of the estate, seeking to compel the chapter 7 trustee to abandon the estate's interest in the debtor's home. The chapter 7 trustee opposed the motion.
Ruling: 
Debtor's motion to compel abandonment of residential real property in which there was no equity granted.
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Consumer case opionion summary, case decided on January 26,2010, LexisNexis #0310-120

In re McComber

A chapter 7 debtor sought to amend his schedules to add a Massachusetts homestead exemption, Mass. Gen. Laws ch. 188, § 1. The trustee objected, arguing that the amendment should be denied because it was sought in bad faith and, if it was allowed, it should not be interpreted to include a contiguous parcel of land not mentioned in the declaration of homestead.
Ruling: 
Debtor could amend schedule to claim homestead exemption.
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Consumer case opionion summary, case decided on January 12,2010, LexisNexis #0210-102

In re Den-L Trans. Inc.

A broker filed a motion to allow a business broker fee for his services rendered in selling a chapter 7 debtor's assets. A creditor objected on the ground that the broker was not engaged to sell the debtor's real estate. The chapter 7 trustee also objected to the motion.
Ruling: 
Broker not entitled to fees for sale of assets actually accomplished by auctioneer.
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Commercial case opionion summary, case decided on January 11,2010, LexisNexis #0310-002

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

On remand from the United States District Court for the District of Massachusetts, the court was directed to give weight to participation in an income contingent repayment plan (ICRP) in determining whether undue hardship existed for discharging a Chapter 7 debtor's student loans under 11 U.S.C.S. § 523(a)(8).
Ruling: 
Student loan debt confirmed as dischargeable on remand where participation in income contingent repayment plan would not reduce amount owed.
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Consumer case opionion summary, case decided on January 08,2010, LexisNexis #0210-087