Case law

Ferrari v. Barclays Business Credit, Inc. (In Re Morse Tool, Inc.)

108 B.R. 389 · United States Bankruptcy Court, D. Massachusetts · Dec 22, 1989

The existence of such creditors is established and uncontroverted. Therefore, I conclude that the Trustee has standing to proceed under sections 5 and 7 of G.L. c. 109A. … Tabor Court Realty Corp., 803 F.2d 1288 , 1297 and notes 2 and 3 (3rd Cir.1986) (“The application of fraudulent conveyance law [the UFCA] to certain leveraged buy-outs is not clearly bad public policy.”

Billingham v. Simpson (In Re Simpson)

334 B.R. 298 · United States Bankruptcy Court, D. Massachusetts · Mar 31, 2005

Stated otherwise, the Court may dismiss “only if it clearly appears, according to the facts alleged, that the plaintiff cannot recover on any viable theory.” Correa-Martinez v. … established by the complaint.

Capitol BC Restaurants, LLC v. Commissioner (In re Capitol BC Restaurants, LLC)

568 B.R. 574 · United States Bankruptcy Court, D. Massachusetts · Jun 12, 2017

Whitehouse, 199 F.3d 26, 30 (1st Cir. 1999) (“The burden of establishing standing rests with the party who invokes federal jurisdiction”); id. at 33 (“[T]he plaintiff must adduce facts sufficient to establish both fitness … Accordingly, the Debtor has the burden of establishing that this Court has subject matter jurisdiction.

Institut Pasteur v. Cambridge Biotech Corp. (In Re Cambridge Biotech Corp.)

186 B.R. 9 · United States Bankruptcy Court, D. Massachusetts · Sep 1, 1995

Yet it has failed to do so, clearly breaching its best efforts obligation. That DP should perhaps pay consideration for the transfer is immaterial. … Here again its argument is the same—that the described method does not establish the presence of AIDS. As discussed, however, the claims are useful in establishing a person does not have AIDS. 3.

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

363 B.R. 643 · United States Bankruptcy Court, D. Massachusetts · Mar 6, 2007

Factual Background The Court’s findings of fact were upheld by the District Court as not clearly erroneous and are briefly summarized below. 1 Ameriquest v. Nosek, 354 B.R. 331, 332 . The Debtor, Jacalyn S. … The Court declines *647 to decide whether Chapter 93A is preempted by the Bankruptcy Code because under the facts of this case, Nosek cannot establish a claim on the merits.

In Re CRS Steam, Inc.

217 B.R. 365 · United States Bankruptcy Court, D. Massachusetts · Feb 11, 1998

Nor has he sought to establish that the policy contains a choice-of-law clause designating the law of a state which is not in accord with the weight of authority. He has therefore failed to qualify the policy as exempt. … And there is no long list of phrases making the later qualifier quite remote from early phrases.

Gray Ex Rel. Dehon, Inc. v. Barnett (In Re Dehon, Inc.)

334 B.R. 55 · United States Bankruptcy Court, D. Massachusetts · Oct 5, 2005

Little Employees’ MDT Retirement Plan (the “ERISA Plans”), both of which qualify as “plans” within the meaning of ERISA. … Thus, the claims do not have a “connection with” ERISA-qualified plans.

First National Bank of Boston v. Mann (In Re Mann)

40 B.R. 496 · United States Bankruptcy Court, D. Massachusetts · Jul 13, 1984

The Bank contends that the company wrongfully listed three accounts receivable as fully earned on the reports submitted to the Bank when in fact they were not qualified accounts. … Although the May 1982 receivable report lists the account in the amount of $60,000, the amount due Data Three was clearly reflected as an offset in the profit and loss statements also submitted to the Bank.

Goldsmith v. Woodman (In re Woodman)

497 B.R. 668 · United States Bankruptcy Court, D. Massachusetts · Aug 21, 2013

As such, the trustee meets the good faith purchaser requirements established under Mass. Gen. Laws ch. 185 § 46. … Registered land is immune from prescriptive claims, such as easements, based on use or necessity. Unregistered land is not. Hon. Gordon H. Piper & Diane C.

In Re Dipalma

24 B.R. 385 · United States Bankruptcy Court, D. Massachusetts · Nov 2, 1982

A boat clearly is not a household good or furnishing within the meaning and intent of § 522(f)(2)(A). … In the instant case, the Debtors’ use of the mobile home as their residence establishes the household purpose for which this item is held.

In re McCarthy

577 B.R. 436 · United States Bankruptcy Court, D. Massachusetts · Oct 3, 2017

The MDOR further argued that, under extant case-law, neither emotional nor punitive damages could be assessed' against it as a governmental unit, as its sovereign immunity was not waived with regard to those particular types … Section 2412(d)(2)(A), in turn, limits the hourly rate for attorney fees to “$125 per hour unless the court deter *441 mines that an increase in the cost of living or a special factor, such as the limited availability of qualified

Consumers Credit Union v. Widett (In Re Health Gourmet, Inc.)

29 B.R. 673 · United States Bankruptcy Court, D. Massachusetts · May 5, 1983

For the plaintiff to prevail on its motion for summary judgment and establish its secured position as a matter of law, it must establish beyond any factual controversy that the transaction was not a fraudulent transfer. … Transfers made to benefit third parties are clearly not made for value. L. King, Collier on Bankruptcy, Section 548.09 at 548-103 (15th Ed. Supp.1982). In Bullard v.

In Re McIsaac

19 B.R. 391 · United States Bankruptcy Court, D. Massachusetts · Apr 12, 1982

The McIsaacs' success in these lawsuits is clearly speculative. … Finally, the testimony of the McIsaacs and the documentary evidence filed with the court clearly establish that, at the time the creditors petitions were filed, neither of the alleged bankrupts had sufficient assets to satisfy

Daviau v. Daviau (In Re Daviau)

16 B.R. 421 · United States Bankruptcy Court, D. Massachusetts · Jan 13, 1982

On the basis of this qualifying language, the defendant argues that if the award was not for Mrs. Daviau’s support, it must have been part of an overall property settlement between the parties. … Having thus found that the plaintiff has established a prima facie ease for non-dis-chargeability, the burden then falls upon the debtor to establish his continuing right to a discharge of the obligation.

In Re Boston Regional Medical Center

256 B.R. 212 · United States Bankruptcy Court, D. Massachusetts · Dec 4, 2000

The Debtor does not contend that it does, and the obligation clearly is not discretionary. … To qualify as an administrative expense, a claim must be incurred by the estate.

Hollingworth v. Beneficial Massachusetts, Inc. (In Re Hollingworth)

453 B.R. 32 · United States Bankruptcy Court, D. Massachusetts · Jul 27, 2011

TILA establishes an 8% threshold before a loan qualifies as a high-cost home loan rather than the 5% threshold established by Chapter 183C. … As the regulation clearly indicates, however, if a creditor is a federally chartered institution, such as Key ban k, its transactions in Massachusetts are not exempt from TILA.

MacAulay v. Shields (In Re Shields)

147 B.R. 627 · United States Bankruptcy Court, D. Massachusetts · Nov 30, 1992

Clearly, the Debtor’s conduct cannot be condoned. This Court has no doubt that the Superior Court’s findings *630 were amply supported by the record in the state court proceeding. … Accordingly, the Court finds that the Plaintiffs cannot establish a critical element of proof under section 523, namely obtaining money by means of false representations.

In re Drapeau

485 B.R. 29 · United States Bankruptcy Court, D. Massachusetts · Jan 8, 2013

Section 541(a) clearly establishes this point as the commencement of the case. … The instructions for Line 55 read: Qualified retirement deductions.

Raso v. Fahey (In Re Fahey)

470 B.R. 649 · United States Bankruptcy Court, D. Massachusetts · May 14, 2012

The Health and Welfare Fund and the Pension Fund were established in 1959, and the Annuity Fund was established in 1973, each pursuant to separate, but essentially identical, trust agreements (the “Trust Agreements”). 2 The … that “all contributions shall be considered and defined as plan assets including contributions that are properly due and owing but not yet paid to the Funds by Contributing Employers.” 66 Section 1.15 “specifically and clearly

Massachusetts v. Bartel (In Re Bartel)

403 B.R. 173 · United States Bankruptcy Court, D. Massachusetts · Apr 13, 2009

M.G.L. ch. 93A, § 4 clearly establishes the Attorney General’s right to bring such actions. 3 This right applies even if a company has ceased its unfair practices. Lowell Gas Co. v. … ch. 12, § 10 also invests the Attorney General with authority to take note of violations of the law and take appropriate action. 4 Nor does the Commonwealth had to have litigated those claims prior to the bankruptcy to qualify