Case law

Nickless v. Kessler (In Re Berman)

352 B.R. 533 · United States Bankruptcy Court, D. Massachusetts · Sep 28, 2006

Under the Tax Postponement Program, a qualified homeowner is able to postpone payment of property taxes. … The issue was presented as ministerial; when in fact, it clearly was not that simple.

Wayne Manor, Inc. v. Department of Public Welfare (In Re Wayne Manor, Inc.)

94 B.R. 240 · United States Bankruptcy Court, D. Massachusetts · Jul 15, 1988

After the purchase of the assets of Mare-gan Manor, the Department, as was its custom in order to establish a permanent rate, audited interim payments made to Maregan Manor and Stadium Manor. … This Court is following the First Circuit in considering sovereign immunity and Eleventh Amendment to be the same. WJM, 840 F.2d, at 1001, fn. 5 . 2 .

A.J. Rinella & Co. v. Bartlett (In Re Bartlett)

367 B.R. 21 · United States Bankruptcy Court, D. Massachusetts · Apr 12, 2007

Thus, say the Debtors, they have paid some or all of the invoices upon which Rinella relies to establish its debt. … And, having failed to establish a trust, Rinella has no basis upon which to establish the fiduciary relationship necessary to establish the nondis-chargeability of its claim under § 523(a)(4) of the Bankruptcy Code.

Schwartz v. HomEq Servicing (In Re Schwartz)

461 B.R. 93 · United States Bankruptcy Court, D. Massachusetts · Aug 22, 2011

executed agreement that assigns the pool of mort *95 gages, with a schedule of the pooled mortgage loans that clearly and specifically identifies the mortgage at issue as among those assigned, may suffice to establish the … The custodial log establishes that Deutsche received Ms.

In Re Beverages International Ltd.

50 B.R. 273 · United States Bankruptcy Court, D. Massachusetts · Jun 21, 1985

To establish that subordination is an appropriate remedy the following elements must be established: (i) the claimant must have engaged in some type of inequitable conduct; (ii) the misconduct must have resulted to the creditors … Thus § 510(c) permits the court to establish degrees of subordination.

Blacksmith Investments, LLC v. Woodford (In Re Woodford)

403 B.R. 177 · United States Bankruptcy Court, D. Massachusetts · Apr 14, 2009

statement that the annuity was ERISA-qualified. … Laws ch. 235, § 34A, 5 he argues that his annuity is ERISA-qualified and further that an ERISA-qualified annuity is not property of the bankruptcy estate.

In re Angelo

480 B.R. 70 · United States Bankruptcy Court, D. Massachusetts · Sep 27, 2012

Robinson contends that the Award qualifies because it is in the nature support. Angelo contends that no part of the Award is support. … For these reasons, the second requirement for judicial estoppel is established.

McIntyre v. White (In Re McIntyre)

328 B.R. 356 · United States Bankruptcy Court, D. Massachusetts · Jul 22, 2005

In the instant case, Debtor seeks a determination of whether the current debt he owes continues to qualify as non-dis-chargeable alimony or whether because of Mrs. McIntyre’s death, it has assumed a new character. … While these two cases give effect to the plain language of the statute, their holdings produce a result clearly at odds with Congress’s avowed intent.

In Re Simon

179 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Mar 16, 1995

However, if the Trust could qualify as a debtor under Medallion, it could not maintain its status as a debtor in this case, pursuant to 11 U.S.C. § 302 . … Therefore, were the Trust itself to qualify as a debtor under Medallion, the Simon and Trust estates would be impermissibly joined.

City of Springfield v. Lan Tamers, Inc. (In Re Lan Tamers, Inc.)

281 B.R. 782 · United States Bankruptcy Court, D. Massachusetts · Aug 16, 2002

On the contrary, the FCC regulation is clear that the applicant must enter into a service contract with a qualified service provider. Id. … Those amounts, clearly the Bank’s collateral, were paid to the Debtor in full by the City.

Town of Hingham v. Sirikanjanachai (In re Sirikanjanachai)

594 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Nov 7, 2018

Persons who qualified participated in a lottery for the available units. … The Court of Appeals has articulated the standard for the establishment of a false representation under this subsection: in order to establish that a debt is nondischargeable because obtained by "false pretenses, a false

In Re Avila

228 B.R. 63 · United States Bankruptcy Court, D. Massachusetts · Jan 7, 1999

The United States can establish that the 1992 tax debt is excepted from discharge only if the three-year period in § 507(a)(8)(A)® was tolled. … Moreover, Congress clearly contemplated that these three years would constitute time in which the authorities could collect the taxes. By definition, this excludes time in which collection was prohibited by law.

In Re Act Manufacturing, Inc.

281 B.R. 468 · United States Bankruptcy Court, D. Massachusetts · Aug 8, 2002

The Debtors filed their motion to establish interim compensation procedures as part of the first day motions. … This result is improper and may discourage qualified professionals from participating in the bankruptcy cases; a result that is clearly contrary to Congressional intent.”) (citations omitted).

General Industries, Inc. v. Shea (In Re General Industries, Inc.)

79 B.R. 124 · United States Bankruptcy Court, D. Massachusetts · Oct 30, 1987

Shea, who qualified as an expert, gave an opinion of $35,000 to $40,000 as of July of 1984, when a prior abortive foreclosure sale took place. The Court is not heavily persuaded by Mr. … The agreement’s figure is clearly in error. We furthermore find that Shea, in his records, did not properly calculate the interest on the debt.

In Re Tiny's Cafe, Inc.

322 B.R. 224 · United States Bankruptcy Court, D. Massachusetts · Jan 12, 2005

Section 4(J) of the Lease clearly imposes on Cranska a duty to maintain and repair the roof. … Indeed, “a landlord’s failure to provide a service that is essential to the use and enjoyment of the demised premises may qualify as constructive eviction.” Wesson, 437 Mass, at 714, 774 N.E.2d at 616.

Rodolakis v. Shadduck (In Re Shadduck)

208 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · May 6, 1997

That subsection clearly grants avoidance rights only. The Trustee does not seek to avoid a transfer or obligation of the debtor. … Shadduck to establish his exempt portion of such funds, nor does this judgment adjudicate the propriety of such class action. 1 .

Juniper Development Group v. Kahn (In Re Hemingway Transport, Inc.)

73 B.R. 494 · United States Bankruptcy Court, D. Massachusetts · May 8, 1987

Clearly, once the property is no longer property of the estate, any expenses thereafter incurred in connection with the property cannot qualify as administrative costs of preserving the estate. … Clearly, if damages leading to a negligence claim against a receiver qualify as administrative expenses then so do damages giving rise to a strict liability claim against a Chapter 11 debtor-in-possession under CERCLA.

In Re Columbia Packing Co.

47 B.R. 126 · United States Bankruptcy Court, D. Massachusetts · Feb 22, 1985

Today, funding of pension plans for the limited and specific purpose of qualifying for tax benefits permitted by law for contributions made is governed by statutory and regulatory requirements which are under the jurisdiction … And, if it were and the plan had been fully funded up to that last year, that would clearly constitute overfunding.

Thomas v. CitiMortgage, Inc. (In Re Thomas)

447 B.R. 402 · United States Bankruptcy Court, D. Massachusetts · Feb 9, 2011

To support this allegation, the plaintiff included in her complaint a list of charges from the loan settlement statement that she argues qualify as points and fees. … Thus, I need not determine whether any of the remaining charges alleged by the plaintiff qualify as points and fees.

In Re Wegrzyn

291 B.R. 2 · United States Bankruptcy Court, D. Massachusetts · Mar 28, 2003

These classifications do not provide a consistently workable test for identifying benefits qualifying for full or partial exemption. … As stated in Morehead: Some benefits, such as retirement benefits that will continue until death, are clearly permanent.