Case law

In Re Ralar Distributors, Inc.

166 B.R. 3 · United States Bankruptcy Court, D. Massachusetts · Feb 28, 1994

Because section 506(a) determines the amount of a claim, this reference is clearly not to the value of the collateral. That value is the subject of subsection (b) where the creditor is oversecured. … Compare In re 360 Inns, Ltd., 76 B.R. 573, 579 (Bankr.N.D.Tex.1987) (authorized postpetition loan qualifies for section 507(b) priority).

Petralia v. 145 Marston St., Inc. (In re Petralia)

559 B.R. 275 · United States Bankruptcy Court, D. Massachusetts · Sep 30, 2016

He asserts that pursuant to § 06(a), any sovereign immu-nity defense is abrogated with respect to § 362, as qualified immunity is only available to officials performing discretionary, not ministerial acts, and enforcing a … Neither agency principles nor claims of sovereign immunity will shield Coady’s from this liability.

DiStefano v. Stern (In Re J.F.D. Enterprises, Inc.)

223 B.R. 610 · United States Bankruptcy Court, D. Massachusetts · Aug 6, 1998

They argue that' (1) the DiStefanos lack standing; (2) the statute of limitations has run; 14 (3) the Defendants are entitled to qualified immunity; and (4) the DiStefanos have not shown that any of the Defendants’ alleged … The Defendants’ Standard of Care Even were the Court to rale that the DiStefanos had standing to prosecute this action, the Defendants argue that they have qualified immunity from tort liability stemming from their actions

Micro Control Systems, Inc. v. Cadkey Corp. (In Re Cadkey Corp.)

324 B.R. 424 · United States Bankruptcy Court, D. Massachusetts · Mar 31, 2005

. § 508 because its alleged “significant contribution” to the resolution of the case was self-serving in nature and therefore did not qualify under the statute. II. Legal Analysis A. … In other words, MCS chose to forego the option of establishing the largest claim possible and subtracting a fixed amount in favor of fixing the amount of its claim.

In Re Medallion Realty Trust

103 B.R. 8 · United States Bankruptcy Court, D. Massachusetts · Jul 11, 1989

Parties cannot establish a partnership through mere intention and reference to themselves as partners. E.g., Martin v. Stone, 332 Mass, at 540, 126 N.E.2d at 196 . … As such, it is clearly eligible for bankruptcy relief. 11 U.S.C. §§ 109 , 101(35).

Maiona v. Vassilowitch (In Re Vassilowitch)

72 B.R. 803 · United States Bankruptcy Court, D. Massachusetts · Apr 21, 1987

With respect to the purchase option contained in the September 3, 1985 Memorandum of Decision, the evidence presented at trial clearly established that Mrs. Vassilow-itch did not exercise the option by April 1, 1986. … Vas-silowitch failed to establish that she tendered her former husband $10,000 by that later date.

Billing Systems, Inc. v. Nee (In Re Nee)

50 B.R. 268 · United States Bankruptcy Court, D. Massachusetts · Jun 21, 1985

The phrase “while acting in a fiduciary capacity” qualifies the words “fraud or defalcation” and not “embezzlement or larceny.” In re Graziano, 35 B.R. 589 (Bankr.D.N.Y.1983); L. … In the present case, the nondis-chargeability of Nee’s obligation to Billing Systems was clearly established as it arose out of his larceny or embezzlement of funds from the plaintiff.

Sisk v. Saugus Bank & Trust Co. (In Re Saugus General Hospital, Inc.)

7 B.R. 347 · United States Bankruptcy Court, D. Massachusetts · Nov 6, 1980

This case is clearly distinguishable from the instant proceeding before this Court. … The Bank has argued that the deposit in question, even if for a special purpose, does not rise to an account immune from set-off.

Fernandes v. U.S. Bank, N.A. (In Re Fernandes)

446 B.R. 6 · United States Bankruptcy Court, D. Massachusetts · Jan 31, 2011

The Debtor does not by this count seek to establish either of these reasons for finding that the payments were unwarranted. … The Debtor’s reference to § 548(a)(2) in Count XI was clearly a mistake, as U.S.

In re Zine

521 B.R. 31 · United States Bankruptcy Court, D. Massachusetts · Oct 22, 2014

Notwithstanding these difficulties, the Affidavit and documents attached to thereto, the authenticity of which Bayview has not contested, in conjunction with the Court’s own records, 2 clearly establish that Bayview violated … Third, reporting a balance due *37 and past due was clearly misleading because it was not a current obligation.

In re Newcomb

513 B.R. 7 · United States Bankruptcy Court, D. Massachusetts · Jul 10, 2014

The Declaration properly identified them, spouses, as the owners to be benefited by the homestead, and indicated that they occupied the Property as their principal residence. 45 Moreover, they clearly executed the Declaration … There is nothing in the Declaration inconsistent with the established facts of ownership of the Property. . Mass. Gen. Laws ch. 188, § 5 (a)(1). . Id.

Lacey v. BAC Home Loans Servicing, LP (In re Lacey)

480 B.R. 13 · United States Bankruptcy Court, D. Massachusetts · Jul 12, 2012

The correspondence clearly states that Plaintiff was obligated to respond to foreclosure notices. … the specific requests denoted in the aforementioned Qualified Written Requests.’ ” Id. at *5 .

In Re DeNadai

259 B.R. 801 · United States Bankruptcy Court, D. Massachusetts · Mar 23, 2001

The trust argument concerning what is clearly, and acknowledged by the Debtor, an employee employer relationship, is a stretch. … Shumate, 504 U.S. 753 , 112 S.Ct. 2242 , 119 L.Ed.2d 519 (1992), with regard to ERISA qualified plans. 4.

In Re Plantation Realty Trust

232 B.R. 279 · United States Bankruptcy Court, D. Massachusetts · Mar 30, 1999

The implication was clearly to the contrary. 5 In addition, the Agreement called for an independent escrow agent to hold the initiation fees. … And there, as here, the agent failed to clearly indicate in which capacity he was acting.

In Re Boston Regional Medical Center

264 B.R. 222 · United States Bankruptcy Court, D. Massachusetts · Jun 25, 2001

In order to qualify as a tax, an assessment must be fixed by statute, but it need not be fixed absolutely. … And the payment directly serves the larger and clearly public purposes of the Uncompensated Care Pool: to help ensure the continued availability of free care to the low-income uninsured and un-derinsured, and to ensure the

In re Gretag Imaging, Inc.

485 B.R. 39 · United States Bankruptcy Court, D. Massachusetts · Jan 9, 2013

Supervalu maintains that the testimony and exhibits introduced into evidence at the prior evi-dentiary hearing in this matter established that Qualex had delivered to Supervalu’s predecessors 513 minilabs which qualified … Thus, Su-pervalu has carried its burden to establish the validity of its claim.

Patriot Group, LLC v. Fustolo (In re Fustolo)

563 B.R. 85 · United States Bankruptcy Court, D. Massachusetts · Jan 9, 2017

Accordingly, the Court established a protocol to evaluate the availability of the Fifth Amendment privilege asserted by Fustolo. … Clearly, no single approach is ideal for all the varied cases and circumstances in which the issue is apt to arise; but equally clearly, a person who asserts that the compelled production of documents in his possession would

Nilsen v. Massachusetts Department of Revenue (In re Nilsen)

542 B.R. 640 · United States Bankruptcy Court, D. Massachusetts · Dec 14, 2015

In so doing, Congress clearly expanded the class of requirements that, when they are not met, preclude dis-chargeability.”) … In so doing, Congress clearly expanded the class of requirements that, when they are not met, preclude discharge-ability.

Boston Regional Medical Center, Inc. v. Reynolds (In Re Boston Regional Medical Center, Inc.)

265 B.R. 645 · United States Bankruptcy Court, D. Massachusetts · Aug 20, 2001

To qualify as core, a proceeding must meet two qualifications. … Lacking the intervenors’ consent, this Court may not finally adjudicate the matter. 5 Abstention Though the Trustee’s complaint is not entirely a core proceeding, it clearly is “related to” this bankruptcy case within the

Aranha v. Eagle Fund, Ltd. (In Re Thornhill Global Deposit Fund, Ltd.)

245 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Feb 1, 2000

Mer-curius argues that the $3 million are in escrow which renders the Funds immune from turnover because they are no longer property of the Debtor’s foreign bankruptcy estate. … Bankruptcy courts have consistently recognized that the compulsory winding up under Bahamian law qualifies as a “foreign proceeding” and that similarly, the officially appointed liquidators qualify as “foreign representatives