Case law

In re Shove

585 B.R. 250 · United States Bankruptcy Court, D. Massachusetts · May 29, 2018

evaluating, inter alia, how the property was zoned and the percentage of interior space dedicated to living area versus commercial use, ultimately determining that the property was predominantly used for residential purposes and qualified … Hernandez has requested discovery and an evidentiary hearing to establish, under the Catton analysis, that the Debtors' use of the Property will not survive a "predominant use" inquiry.

Patchell v. Option One Mortgage Corp. (In Re Patchell)

336 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Jul 8, 2005

Defendants further argue that the loan is clearly not usurious. At this early stage, the pleadings must be viewed through the pro-plaintiff lens. … As to the alleged forgery of Attorney Conlin, this clearly is not a predicate act committed by the Defendants in this case.

Tomsic v. Pitocchelli (In Re Tri-Star Technologies Co.)

260 B.R. 319 · United States Bankruptcy Court, D. Massachusetts · Mar 30, 2001

(In re Morse Tool, Inc.), 148 B.R. 97, 131 (Bankr.D.Mass.1992) (trustee bears the burden of proving the existence of qualified unsecured creditor); Young v. Paramount Communications, Inc. … To the extent, therefore, that Pitoc-chelli attempted to assert any offsetting claim under § 548(c), he has failed to establish it.

In re Kology

499 B.R. 20 · United States Bankruptcy Court, D. Massachusetts · Sep 24, 2013

Next, the Debtors’ house is unquestionably a “home,” and the evidence clearly establishes that the Debtors have occupied and intended to occupy their house as a principal residence since at least 2010 when the fifth-wheel … The evidence clearly establishes that the Debtors occupy their house, which is located on Lot 4, as a principal residence.

Commerce Industry Insurance v. E.I. Du Pont De Nemours & Co. (In Re Malden Mills Industries, Inc.)

277 B.R. 449 · United States Bankruptcy Court, D. Massachusetts · May 10, 2002

Fair, 902 F.2d 140, 142 (1st Cir.1990) (reviewing denial of summary judgment when coupled with denial of qualified immunity); Acevedo-Garcia v. Vera-Monroig, 204 F.3d 1, 10 (1st Cir.2000). … In the instant case the facts are not well-established; they are vigorously contested.

In Re Guild

269 B.R. 470 · United States Bankruptcy Court, D. Massachusetts · Nov 8, 2001

The bankruptcy code does not define “reasonably necessary” nor is the term clearly defined in case law. “Whether income is ‘reasonably necessary’ for the debtors’ maintenance and support is open to interpretation.” … The Taylor court held “[i]t is within the discretion of the bankruptcy court judge to make a decision, based on the facts of each individual case, whether or not the pension contributions qualify as a reasonably necessary

Casey v. Schneider ex rel. Denis R. Behan Trust (In re Behan)

506 B.R. 8 · United States Bankruptcy Court, D. Massachusetts · Feb 25, 2014

Words and phrases shall have their general meaning unless otherwise clearly required by the context. … A power of appointment will be difficult to value and is clearly worth much less than the value of the equity in the real estate. VI.

ITT Commercial Finance Corp. v. Cullen (In Re Antinarelli Enterprises, Inc.)

94 B.R. 227 · United States Bankruptcy Court, D. Massachusetts · Apr 13, 1988

This is clearly not so. The debtor was an electronics store and its only inventory was electronics and accessories, and not cash. … ITT also asserts that in order to qualify for the operation of business exception, the payments must be voluntary for them to be found in the ordinary course. 1 Footnote 8 of Citizens National Bank v.

Jackson v. Marlette (In Re Jackson)

317 B.R. 573 · United States Bankruptcy Court, D. Massachusetts · Nov 30, 2004

Additionally, they stated: If the Debtors had filed a declaration of homestead prior to filing their bankruptcy petition, the Plymouth Street property would have been immunized from creditors while the Debtors’ outstanding … In the first place, the Court rejects Marlette argument that the Debtors are relying upon 11 U.S.C. § 327 (e), which they cited in their Motion to Employ Special Counsel, to establish jurisdiction.

In re Rehman

479 B.R. 238 · United States Bankruptcy Court, D. Massachusetts · Oct 5, 2012

Rehman’s affidavit to establish that the following occurred. Prior to completion of her bankruptcy schedules, Ms. … Clearly, the words “successors” and “assigns” have different meanings. S. Patrician Associates v. Int’l Fid. Ins. Co., 191 Ga.App. 106 , 381 S.E.2d 98, 99 (1989).

In Re Hyde

334 B.R. 506 · United States Bankruptcy Court, D. Massachusetts · Sep 26, 2005

This provision essentially “immunizes” exempt property against any liability for prepetition debts. Otiien, 500 U.S., at 307 , 111 S.Ct., at 1835 . This immunization continues even after the bankruptcy case is closed. … The question remains, however, as to the effect of the Debtor’s voluntary conveyance of his Property, because clearly the conveyance of his Property had the effect of terminating the homestead. 8 This Court need not decide

In Re Ludlow Hospital Society, Inc.

216 B.R. 312 · United States Bankruptcy Court, D. Massachusetts · Dec 30, 1997

Moreover, the Court determines it reasonable to find, as Daley avers, that a shortage of qualified workers limits the public’s access to health care services and increases the costs to the Commonwealth to fund public health … The court determined that the assessments imposed on the walnut producers to defray the costs of operating the commission *323 clearly served a private purpose.

Braunstein v. Lowenstein (In Re Lowenstein)

312 B.R. 6 · United States Bankruptcy Court, D. Massachusetts · Jul 12, 2004

At some point in time, property transfers must be immune form attack, and not even the Trustee in this case advocates the extreme position that the judgments free him from any time limits on fraudulent conveyance claim. … Goldstein (In re Goldstein), 194 B.R. 1, 2-3 (Bankr.D.Mass.1996), stated that “[u]nder § 544(b), the Trustee bears the burden of proving the existence of a qualified unsecured creditor: a creditor holding an allowable unsecured

In Re CK Liquidation Corp.

339 B.R. 283 · United States Bankruptcy Court, D. Massachusetts · Mar 20, 2006

White did not disclose in his objection that he was trying to establish an investment group so that he could bid to purchase the assets himself. 1 On September 12, 2003, this Court issued an order establishing the bidding … DISCUSSION The Bankruptcy Appellate Panel for the First Circuit has recently held that a qualified debtor’s appellate filing fees may be waived pursuant to 28 U.S.C. § 1915 . 19 See Heghmann v. Indorf, et al.

In Re the Bible Speaks

65 B.R. 415 · United States Bankruptcy Court, D. Massachusetts · Oct 8, 1986

Clearly the Dovydenas claim poses a threat to the Debtor’s continued existence. … Termination of the automatic stay would clearly frustrate the principal purpose of the proposed reorganization. VI. Abstention Mrs.

Abramov v. Movshovich (In re Movshovich)

521 B.R. 42 · United States Bankruptcy Court, D. Massachusetts · Oct 23, 2014

Accordingly, the Company qualifies as an “insider.” … “The elements of an express trust have traditionally included an explicit declaration of trust, a clearly defined trust res, and an intent to create a trust relationship.” Fahey, 482 B.R. at 687 .

In Re LKM Industries, Inc.

252 B.R. 589 · United States Bankruptcy Court, D. Massachusetts · Sep 8, 2000

The present case falls in the middle, between the clearly applicable and clearly inapplicable: the debt is for prepetition service, but not service rendered in conjunction with the filing. … Rather, it only establishes that the prepetition employment is not cause in itself to hold that the professional is not disinterested or has an interest adverse to the estate.

Lee v. Daniel (In re Daniel)

568 B.R. 162 · United States Bankruptcy Court, D. Massachusetts · May 25, 2017

Ivy to Lee and Defonseca” and that she engaged in deceptive business dealings “clearly outside the penumbra of any established concept of fairness.” Lee v. Mt. Ivy Press, No. MICV1998-02456, 2002 WL 33956822 (Mass. … Lee's favor was predicated on findings of willful and knowing fraudulent conduct for purposes of qualifying for nondischargeability under § 523. .

Ablavsky v. United States Department of Education (In re Ablavsky)

504 B.R. 709 · United States Bankruptcy Court, D. Massachusetts · Jan 23, 2014

(In re Stevenson), 463 B.R. 586 (Bankr.D.Mass.2011), aff'd, 475 B.R. 286 (D.Mass.2012) this Court stated: Under 11 U.S.C. § 523 (a)(8), the creditor has the initial burden of establishing that the debt qualifies as the type … The evidence clearly established that, despite the Debt- or’s education, his mental illnesses and impairments, coupled with the side effects of medications he is required to take, impair his functioning.

Vincent v. Ameriquest Mortgage Co. (In Re Vincent)

381 B.R. 564 · United States Bankruptcy Court, D. Massachusetts · Jan 18, 2008

To accomplish this goal, the TILA requires creditors to disclose, clearly and accurately, all the material terms of consumer credit transactions. See Beach v. Ocwen Fed. … It is well established that debtors retain at least the ability to file suits for damages in federal court pursuant to 15 U.S.C. § 1640 , regardless of the exemption. Belini, 412 F.3d at 20 . Carye v. Long Beach Mortg.