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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

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

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

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

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

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