Case law

Heaney v. Lamento (In re Whiz Kids Development, LLC)

576 B.R. 731 · United States Bankruptcy Court, D. Massachusetts · Nov 17, 2017

A party alleging civil contempt must establish by clear and convincing evidence that a contemnor violated a court order, AccuSoft Corp. v. … The Sale Order clearly and unambiguously barred and enjoined persons who held interests in or against the property, such as Lamento, from asserting those interests against the property and Heaney.

Trenwick America Reinsurance Corp. v. Swasey (In re Swasey)

488 B.R. 22 · United States Bankruptcy Court, D. Massachusetts · Feb 14, 2013

A knowing state of mind in connection with a claim of unfair insurance claim settlement exists at least where an insurance company forces an insured to litigate clearly valid claims. … A “knowing breach of contract” could also qualify.

In re Charles Street African Methodist Episcopal Church

499 B.R. 66 · United States Bankruptcy Court, D. Massachusetts · Oct 2, 2013

The term is more than neutrally descriptive and clearly has ecelesio-logical significance for the denomination. 13. … It is further mitigated by an $850K reserve now deposited with [OneUnited], which more than covers one year’s debt service at the qualifying rate.

In Re Betz

273 B.R. 313 · United States Bankruptcy Court, D. Massachusetts · Feb 15, 2002

See also, In re Brawn, 138 B.R. at 333 n. 29 (“[Rjesponse to § 522(f) motion qualifies, in and of itself, as the ‘objection’ Rule 4003 requires.”); Premier Capital, Inc. v. DeCarolis, 259 B.R. 467 , 471 n. 8 (1st Cir. … In light of the clearly established precedent in this Circuit, this Court believes that Cetiner has misinterpreted Judge Feeney’s language in Whalen-Ghiffin.

In Re Lane

394 B.R. 248 · United States Bankruptcy Court, D. Massachusetts · Aug 19, 2008

$ 0.00 Additional Expense Claims Line 60 $ 3,152.66 ONE: Taxes Line 30 $ 252.03 Health Insurance Line 39 $ 624.26 Involuntary Deductions for Employment Line 32 $ 143.01 Chapter 13 Administrative Expense Line 50 $ 416.62 Qualified … The fact that the final version of the statute does not explicitly incorporate the IRM when a prior draft did establishes that Congress knowingly and intentionally rejected use of the IRM in this context.

In Re Diomed Inc.

394 B.R. 260 · United States Bankruptcy Court, D. Massachusetts · Sep 15, 2008

Clearly Diomed had constitutional standing at every stage without regard to whether or not Endolaser joined in the litigation. But the prudential consideration for standing requires further investigation. Waterman v. … Whether Endolaser can establish a claim for bad faith damages under New York law as part of its rejection claim remains to be determined.

In re Lunden

524 B.R. 410 · United States Bankruptcy Court, D. Massachusetts · Jan 15, 2015

He argues that the Financial Statement qualifies as an “official record of a state court proceeding,” and is thus exempt from the redaction requirement under Rule 9037(b)(3). … The redaction requirements are not only clearly stated in the Rule itself, but are repeatedly emphasized throughout the electronic filing process.

Smith-Pena v. Wells Fargo Bank, N.A. (In re Smith-Pena)

484 B.R. 512 · United States Bankruptcy Court, D. Massachusetts · Jan 2, 2013

Such a result is entirely inconsistent with the purpose of the MCCCDA. 209 Mass.Code Regs. 32 qualifies the rescission right of obligors (by requiring them to have encumbered their ownership interest in the property) and … Therefore, Regulation Z clearly affords the Debtor, as a mortgagor, a right to rescind the Transaction.

Sternklar v. Heritage Auction Galleries, Inc. (In Re Paul)

399 B.R. 81 · United States Bankruptcy Court, D. Massachusetts · Nov 4, 2008

Clearly our dispute isn’t with you. We have a great relationship, and I see no reason why it shouldn’t continue as such. Hopefully you will appreciate the reasons we are taking this action[.] … to present a conflict sufficient to override the presumption in favor of arbitration. 115 Courts applying the same approach to core matters, however, have reached “widely-divergent conclusions both with respect to what qualifies

In re Spenlinhauer

573 B.R. 343 · United States Bankruptcy Court, D. Massachusetts · Sep 8, 2017

Exhibit C [the IRS’s issuance of an EIN number for Georgia Spenlinhauer’s estate] clearly states that Form 1041 was due on April 15, 2006. Since Mr. … In view of this expansive definition of the term "claim,” we have no difficulty characterizing the gift taxes as a disputed right to payment, thus qualifying as a “debt” that can be excepted from discharge under § 523.

Burm v. Johnson (In re Burm)

554 B.R. 5 · United States Bankruptcy Court, D. Massachusetts · Jul 12, 2016

The party objecting to a claim bears the initial burden of producing evidence to establish grounds for disallowance. Juniper Dev. Grp. v. Kahn (In re Hemingway Transp., Inc.), 993 F.2d 915, 925 (1st Cir.1993). … Instead, she is *13 clearly seeking a determination that the notes and mortgages are void or unenforceable. .

In Re Chicago Investments, LLC

470 B.R. 32 · United States Bankruptcy Court, D. Massachusetts · Apr 24, 2012

In any event, the Debtors assert that the franchise agreements only require the franchisee to designate a Managing Owner and that the Franchisor is clearly misstating the franchise agreements by requiring the designation … The Debtors maintain that they provided substantial expert testimony establishing the feasibility of the Fourth Amended Plan.

Gray v. Chace (In Re Boston Publishing Co.)

209 B.R. 157 · United States Bankruptcy Court, D. Massachusetts · May 2, 1997

Applying the clearly erroneous standard of review, the court in Lamar Haddox reversed the bankruptcy court’s determination that the debtor was insolvent at the time of the alleged preferential transfers. … The court framed the issue as follows: whether executing a personal guarantee to a lending institution, to enable the debtor to obtain additional credit which it would not otherwise have been accorded, qualifies as providing

In re Freeman

520 B.R. 341 · United States Bankruptcy Court, D. Massachusetts · Oct 27, 2014

Both attorneys are well-qualified to provide expert testimony on the subject of interests in real estate. … Freeman wanted to establish a safety-net for Valerie.

In re Erving Industries, Inc.

432 B.R. 354 · United States Bankruptcy Court, D. Massachusetts · Apr 7, 2010

And electricity is clearly identifiable, because it is measured by the meter upon delivery. … As a result, it is necessary to clearly specify the kind of resources included in either definition and to establish how environmental claims are verified. Reserve Margin. See Generating Reserve.

In Re WHET, Inc.

58 B.R. 278 · United States Bankruptcy Court, D. Massachusetts · Feb 25, 1986

General calls are the exact problem and would be clearly identified so that whether they were, for example, trustee’s business or counsel work, could more readily be determined. … Bishop, 635 F.2d 915, 919-20 (1st Cir.1980), the fee-setting court first establishes a “threshold point of reference” or “lodestar”, which is the number of hours reasonably spent by each attorney multiplied by his reasonable

DeGiacomo v. Raymond C. Green, Inc. (In re Inofin Inc.)

512 B.R. 19 · United States Bankruptcy Court, D. Massachusetts · Jun 12, 2014

Laws ch. 106, § 9 -20S(b)(3)(A), the decision in Clearly Canadian Beverage Corp. v. … These agreements qualify as instruments and hence also are included among the chattel paper in this case.

Patriot Grp. v. Fustolo (In re Fustolo)

597 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Feb 4, 2019

Second, he argues that the bankruptcy court's finding that Childrens Dental's assets had some value was clearly erroneous. … Both are well qualified professionals. Their reports, however, are both flawed.

BT Prime Ltd. v. Bos. Techs. Powered By Forexware LLC (In re BT Prime Ltd.)

599 B.R. 670 · United States Bankruptcy Court, D. Massachusetts · Mar 29, 2019

The required elements are clearly stated in the statute. Fraud is not an element, so there is no need to state with particularity circumstances constituting fraud. … Third, FXDD Malta argues that it qualifies for the "safe harbor" that is the affirmative defense in § 546(e) because the payment in issue were margin call payments to which that subsection applies.

Fleet National Bank v. Doorcrafters (In Re North Atlantic Millwork Corp.)

155 B.R. 271 · United States Bankruptcy Court, D. Massachusetts · May 26, 1993

Clearly, it was in the estate’s interests to resolve its involvement in the dispute. … Clearly, the answer is no. The purpose of section 363(m) is to protect purchasers.