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In re Munger

Debtors, a husband and wife, filed a petition for relief under chapter 7, and the U.S. Trustee filed a motion to dismiss the case, pursuant to 11 U.S.C. § 707(b), and to extend the time for filing objections to the debtors'discharge under 11 U.S.C. § 727. The debtors opposed the trustee's motion.
Ruling: 
Unemployment compensation properly excluded from calculation of debtors'current monthly income.
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Burdick v. OLeary (In re OLeary)

Plaintiff chapter 7 trustee filed an adversary proceeding against defendant debtor seeking to avoid an alleged transfer as fraudulent. The debtor moved to dismiss. At issue was whether the debtor's bankruptcy estate included an interest in property owned by his wife whom he sued for divorce less than 180 days after the filing of his bankruptcy petition.
Ruling: 
Estate did not have interest in property acquired pursuant to divorce decree that was not entered within 180 days of petition date.
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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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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 Lyons

A chapter 7 debtor filed a motion seeking to avoid a creditor's judicial lien on his personal residence pursuant to 11 U.S.C. § 522(f). The creditor opposed the motion.
Ruling: 
Judicial lien fully impairing debtor's state exemption in homestead equity could be avoided.
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In re Brown

Bankruptcy debtor filed a voluntary chapter 13 petition. The debtor filed a motion for order directing trustee to reserve fund pursuant to 11 U.S.C. § 105(a), in which the debtor sought to have the chapter 13 estate pay capital gains taxes triggered by the postpetition sale of the debtor's interest in rental property. The chapter 13 trustee and a creditor objected to some or all of the motion.
Ruling: 
Capital gains taxes owed on sale of property were sole responsibility of debtor and not the estate.
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Baker v. Somerville Mun. Fed. Credit Union (In re Baker)

Plaintiff debtor brought a complaint against defendant lender alleging violation of the automatic stay, 11 U.S.C. § 362, and the discharge injunction pursuant to 11 U.S.C. §§ 524 and 105. The matter came before the court for hearing on cross motions for summary judgment.
Ruling: 
Collection notices sent by creditor with actual notice were presumptively deliberate violations of stay.
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Nickless v. Kessler (In re Berman)

Plaintiff chapter 7 trustee sued defendant life estate holder, seeking an order quieting title of certain property in his favor and recovery of the property taxes deferred by defendant. The trustee and defendant moved for summary judgment. The trustee and debtor moved for sanctions against defendant and her attorneys for willful violation of the automatic stay and a declaration that a state probate court order was void ab initio.
Ruling: 
Challenge to probate court determination of debtor's interest in decedent's estate violated stay.
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Honey Dew Assocs. v. Monaco (In re Monaco)

Plaintiff franchiser sued defendant debtors, seeking to deny their discharges pursuant to 11 U.S.C. § 727(a)(2)(A), (a)(3) and (a)(4)(A), or, alternatively, to except the debt owed to the franchisor from discharge pursuant to 11 U.S.C. § 523(a)(2)(A), (a)(6) and (c)(1). The debtors moved to dismiss the complaint pursuant to Fed. R. Bankr. P. 7009 and 7012.
Ruling: 
Complaints in denial of discharge proceeding were sufficiently plead.
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