Case law

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.

Ostrander v. Source One Financial Corp. (In re Mollison)

463 B.R. 169 · United States Bankruptcy Court, D. Massachusetts · Jan 6, 2012

The Supreme Judicial Court has clearly stated that “the exclusive method of perfecting a security interest in a motor vehicle is through notation of the lien on a valid certificate of title.” City of Boston v. … This Court does not read In re Houseal as establishing a “perfected security interest’’ requirement under § 362(h)(1).

Richards v. Citicorp Mortgage, Inc. (Richards)

151 B.R. 8 · United States Bankruptcy Court, D. Massachusetts · Feb 19, 1993

In that case, the court stated: “[w]e hold that the arrearages do not qualify as a ‘secured claim’ subject to a section 506(a) cram down_” 967 F.2d at 928 . … This proposed treatment is clearly proscribed by the Court’s ruling today. 10 VI.

In Re Whalen-Griffin

206 B.R. 277 · United States Bankruptcy Court, D. Massachusetts · Mar 14, 1997

In view of the pre-emptive power of Congress under its constitutional authority to establish uniform bankruptcy laws, the court determined that congressional approval of the use of state exemptions cannot be taken to extend … Approximately a year after the debtor acquired an interest in the condominium, the condominium qualified as a homestead. *283 Florida law excepted judicial liens that predated the time that the property became homestead property

In Re Noyes

382 B.R. 561 · United States Bankruptcy Court, D. Massachusetts · Feb 19, 2008

Stated conversely, the issue presented is whether the Debtor has sustained her burden of establishing a defense to Tribeca’s claim, in effect, establishing entitlement to an injunction against the continuation of foreclosure … Although she clearly recalled that a closing occurred and that she signed many documents on the evening of December 22, 2005, she appeared not to remember, or to be completely unaware, that she had experienced financial problems

Povah v. Hansbury & Finn, Inc. (In Re Povah)

455 B.R. 328 · United States Bankruptcy Court, D. Massachusetts · Aug 22, 2011

Section 109(e) describes the parameters for a debtor to qualify as a debtor under Chapter 13. … For instance, if voiding or reducing the asserted security interest leaves nonexempt equity available for distribution to unsecured creditors the bankruptcy estate is clearly impacted.

M.S v. Inc. v. Bank of Boston-Western Massachusetts, N.A. (In Re Martin Specialty Vehicles, Inc.)

87 B.R. 752 · United States Bankruptcy Court, D. Massachusetts · Jun 16, 1988

Of the two experts, Gordon clearly is the •more credible. … We conclude that MSY has established its damages with reasonable certainty.

T.H Glennon Co. Inc. v. Monday

United States Bankruptcy Court, D. Massachusetts · Mar 9, 2023

however,that Glennon“believesthat receiving the Filemaker Database, as the earlier judgment held, under whatever unknown form of computer hacking allowed [the Debtor] to bypass the computer access controls is sufficient to qualify … The District Court clearly found that Glennon was injured by the Debtor’s actions, specifically ruling that “[the Debtor’s] access and copying of confidential information caused damage by compromising the ‘integrity’ of that

IDL Development, Inc.

United States Bankruptcy Court, D. Massachusetts · Nov 1, 2019

“In general, for a claim to qualify as an administrative expense under subsection 503(b)(1), (1) it must have arisen from a transaction with the trustee or debtor in possession, rather than from a prepetition transaction … narrowly construed to ensure fair distribution of the assets of a bankruptcy estate in accordance with the distribution priorities established by the Bankruptcy Code.

In Re Schlichtmann

375 B.R. 41 · United States Bankruptcy Court, D. Massachusetts · Sep 25, 2007

Under the agreement, two funds were to be established and distributed. … The evidence does not rise to the level of establishing either (a) or (b).

201 Forest Street LLC v. LBM Financial LLC (In Re 201 Forest Street LLC)

409 B.R. 543 · United States Bankruptcy Court, D. Massachusetts · Jun 30, 2009

It is well settled that “a contract provision that clearly and reasonably establishes liquidated damages should be enforced, so long as it is not so disproportionate to anticipated damages as to constitute a penalty.” … The evidence presented at trial, however, also established that Mal-legni entered into two contracts in his individual capacity.

Brandt v. Hicks, Muse & Co. (In Re Healthco International, Inc.)

195 B.R. 971 · United States Bankruptcy Court, D. Massachusetts · May 17, 1996

Hicks, Muse is a Dallas-based investment banking firm established in 1989 which specialized in leveraged buyouts. … director involved in a personal transaction with the corporation has the burden of proving the transaction was fair to the corporation. 46 As the controlling shareholder of Gemini, a large Healthco stockholder, Goldberg clearly

Kalaydzhan v. Steven A. Ross, Trustee of the Salisbury Lending T

United States Bankruptcy Court, D. Massachusetts · Mar 26, 2024

Ross is the current manager of QSPL and has been its only manager since it was established. … [I]t was clearly not what I was doing. . . . I was buying the condo for myself to live there. . . and not for an investment or some kind of business purpose. Tr.

In re Meguerditchian

566 B.R. 102 · United States Bankruptcy Court, D. Massachusetts · Mar 28, 2017

In light of these developments in the Debtor’s articulation of his position, the Court ordered the parties to file briefs setting forth more clearly their respective positions. … Because it is an affirmative defense, the burden of establishing its applicability falls on the Debtor.

Irish Bank Resolution Corp. v. Drumm (In re Drumm)

524 B.R. 329 · United States Bankruptcy Court, D. Massachusetts · Jan 6, 2015

Zelevinsky remembered no communications on the subject but later qualified her answer, cryptically, to say that she wasn’t sure it had ever come up. *373 d. … Rather, it establishes that a false oath may itself be sufficient to establish knowledge of falsity and fraudulent intent.

In Re Melendez

224 B.R. 252 · United States Bankruptcy Court, D. Massachusetts · Aug 31, 1998

The Interplay of § 524 and Rule 9011 Rule 9011 clearly applies to § 524(c)(3) attorney declarations. See Fed. R. … Excluded were agreements of debtors whose postpetition income clearly exceeded their postpetition liabilities.

R. Susan Woods

United States Bankruptcy Court, D. Massachusetts · Feb 4, 2020

In the First Circuit, it is axiomatic that “emotional damages qualify as ‘actual damages’” under § 362(k), and that, in appropriate circumstances, “[a]n honest accounting of actual damages ... must include the psychological … Rather, the Debtor was forcibly removed from her home and temporarily deprived of many of her personal possessions as a result of the eviction — an action that clearly ran afoul of § 362(a), which enjoins both “the

Woods v. Alina's Real Estate, LLC

United States Bankruptcy Court, D. Massachusetts · Feb 4, 2020

In the First Circuit, it is axiomatic that “emotional damages qualify as ‘actual damages’” under § 362(k), and that, in appropriate circumstances, “[a]n honest accounting of actual damages ... must include the psychological … Rather, the Debtor was forcibly removed from her home and temporarily deprived of many of her personal possessions as a result of the eviction — an action that clearly ran afoul of § 362(a), which enjoins both “the

Cox v. Cox (In Re Cox)

247 B.R. 556 · United States Bankruptcy Court, D. Massachusetts · Mar 31, 2000

the portion of the divorce judgment pertaining to the division of marital assets, and ordered the Plaintiff to pay, with interest, $127,120.00 to the Debtor 2 and another $30,000.00 to her counsel; and (2) ordered that Qualified … Under Massachusetts law, in order to establish grounds for the imposition of a constructive trust, the plaintiff must also be able to trace the proceeds or profits of the corpus. See Boston Safe Deposit and Trust Co. v.

The Bank of Canton v. McNamara

United States Bankruptcy Court, D. Massachusetts · Sep 18, 2020

The debtor clearly knew he had to list all his assets, even those he believed had a zero value, or he wouldn’t have listed his supposed valueless interest in Sparrell. … Hence, the dissipation of the stock’s value by the debtor could qualify as the destruction or removal of that property. See In re Hintze, 570 B.R. 369, 387-88 (Bankr. N.D.