Bankruptcy Court for the District of Massachusetts Court Cases

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  1. In Re Rothwell (1993)

    Several matters are before the Court for determination: 1) Cross Motions for Summary Judgment filed by William G. Billingham, the Chapter 7 Trustee (the "Trustee") of the estate of Jeffrey Rothwell ("Rothwell" or the "Debtor"), and Wynn & Wynn, P.C. ("Wynn & Wynn"); and 2) Wynn & Wynn's "Motion for Compensation" and the Trustee's Response to the Motion for Compensation. The Court heard the Cross Motions for Summary Judgment on August 11, 1993 and took the motions under advisement. [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 91-15501-JNF, Adv. P. No. 92-1786
  2. In Re Healthco Intern., Inc. (1996)

    This is yet another case of a leveraged buyout gone sour. In May of 1991, management of Healthco International, Inc. ("Healthco") escaped from a proxy contest by causing all the company's capital stock to be sold to a "white knight" in a leveraged buyout (the "LBO"). Healthco filed a chapter 11 petition with this court on June 9, 1993. The case was soon converted to chapter 7.


    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 93-41604-JFQ. Adv. No. 95-4154
  3. In Re Hayes (2007)

    Before the Court is the United States Trustee's (the "Trustee") "Motion to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(2) and to Extend Time to Object to Discharge Pursuant to 11 U.S.C. § 727 and Move to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(3)" (the "Motion to Dismiss"), and the debtors' objection thereto. Specifically, the Court must address an issue that has arisen in many jurisdictions since the passage of the Bankruptcy Abuse and Protection Act of 2005[1] (the "BAPCPA") — [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: 06-42638-HJB
  4. In Re Levitt (1992)

    The Debtor has claimed as exempt property his interests in a profit sharing plan and in an individual retirement account, and the Chapter 7 Trustee has objected to both claims of exemption. The Debtor has asked that the Trustee's objection be stricken or overruled as untimely. For the reasons set forth below, the Court rules that the Trustee's objection was untimely and therefore must be overruled.


    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 90-12812-CJK
  5. In Re Tomaiolo (1997)

    Before the court is the motion of Stephen M. Rodolakis, the chapter 7 trustee (the "Trustee"), for an order requiring the law firm of Brister & Zandrow, L.L.P. to turn over all the firm's files, notes and other work product relating to certain claims asserted by Francis P. Tomaiolo (the "Debtor"). The claims are against the Debtor's bankruptcy attorneys, Stanley Labovitz, John Burdick and Lucille DiLeo (the "Defendants"). Burdick previously practiced law with Labovitz and formed an [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 90-40350-JFQ
  6. In Re McGregor (1994)

    Katherine M.J. McGregor (the "Debtor") proposes a chapter 13 plan which bifurcates a thirty year mortgage on her four-unit apartment building into secured and unsecured portions, reduces the interest rate from 10½% to 8%, and pays the secured portion over the twenty-two years remaining under the mortgage note. The questions presented, in addition to feasibility, are (i) whether the Debtor's use of one of the units as a residence prohibits bifurcation, (ii) whether the proposed modification [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 94-41302-JFQ
  7. In Re Hill (1984)

    This matter was tried by the Court on August 8, 1984. Debtor/defendant having filed both a Memorandum of Law in Support of Discharge and a Supplemental Trial Memorandum, the Court makes the following findings of fact and rulings of law.


    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 84-483-HL, Adv. No. A84-206
  8. In Re Adams (1997)

    Before the Court for determination is a motion for summary judgment by plaintiff and debtor Beverly L. Adams (the "Debtor"), seeking judgment against William J. Monty ("Monty"), and Hartconn Associates, Incorporated ("Hartconn"),[1] on two counts of her second amended complaint (the "Complaint"). Also before the Court are motions by Monty and Hartconn, seeking summary judgment in their favor with regard to all counts raised against them by the Debtor.


    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 94-42263-HJB, Adversary No. 96-4192
  9. In Re O'Day Corp. (1991)

    On April 27, 1989, an involuntary petition for relief under Chapter 7 of the Bankruptcy Code was filed by three creditors against The O'Day Corporation ("O'Day" or the "Debtor"), a manufacturer of fiberglass sailboats located at 848 Airport Road, Fall River, Massachusetts. No responsive pleading was filed by the alleged Debtor, which had ceased all operations prior to the filing. Accordingly, on May 23, 1989, an Order for Relief was entered. Two days later, Harold B. Murphy (the "Trustee") was [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 89-11136-JNG, Adv. No. A90-1087
  10. In Re Tri-Cran, Inc. (1989)

    The Trustee in Bankruptcy brought this adversary proceeding to vacate a sale in bankruptcy of the Debtor's assets to the Defendant for collusion and fraud on the court. The matter has been tried, and the parties have filed suggested findings of fact and conclusions of law. This memorandum contains my findings of fact and conclusions of law on the merits of the controversy, and on certain procedural defenses the Defendant raises. I find that the Defendant committed fraud on the court and rule [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 85-1253-CJK, Adv. No. 88-1241
  11. In Re N. Parent, Inc. (1998)

    Before the Court for determination is the "Defendant's Motion to Dismiss" this adversary proceeding filed by Cotter & Company ("Cotter").[1] In its complaint, the Debtor N. Parent, Inc. ("N. Parent" or the "Debtor") makes various claims against Cotter. Those claims are set forth in fourteen (14) different counts. Cotter argues that dismissal of all of Cotter's claims is required under Fed. R.Civ.P. 12(b)(3)[2] for improper venue, and relies on a forum selection clause allegedly contained in [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 97-42411-HJB, Adversary No. 97-4254
  12. In Re Koss (2005)

    Before the Court is an "Objection by the Chapter 7 Trustee to the Debtor's Claims of Real and Personal Property Exemptions, Or in the Alternative, Surcharging the Debtor's Real and Personal Property Exemptions" (the "Objection to Exemptions"), filed by Donald Lassman (the "Chapter 7 Trustee").


    Court: Bankruptcy Court for the District of Massachusetts Docket: 02-13666
  13. In Re First Software Corp. (1988)

    The matter before the Court is the Adversary Complaint filed on May 20, 1987 by the Disbursing Agent of First Software Corporation ("First Software") against Curtis Manufacturing Co., Inc. ("Curtis"). Pursuant to 11 U.S.C. § 547(b) (West 1987), First Software seeks from Curtis the recovery of a preferential payment totalling $22,580.44. Curtis admits that First Software has established the requisite elements under section 547(b), but contends that First Software cannot recover the payments in [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 86-10560, Adv. No. 87-1110
  14. In Re Healthco Intern., Inc. (1997)

    Steven M. Pesner, Akin, Gump, Strauss, Hauer & Feld, LLP, New York City, for Akin, Gump, Strauss, Hauer & Feld, Altus Finance, S.A., Lion Advisors, L.P., Apollo Advisors, L.P., Apollo Capital Management, Inc., Apollo Group, L.P., Apollo Investment Fund, L.P., Lion Advisors, L.P., Lion Capital Management, Inc.


    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 93-41604-JFQ, Adversary No. 95-4154
  15. In Re Maisel (2007)

    This matter came before the Court on Wells Fargo Bank, National Association's ("Movant") Motion for Relief from Stay and for Leave to Foreclose (Docket # 23). Wells Fargo filed the Motion in its capacity as Trustee for Morgan Stanley Capital I, Inc. Trust 2004-OP1 Mortgage Pass-Through Certificates, Series 2004-OP1. The Movant sought relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) on the grounds that the Debtors had failed to make regular monthly mortgage payments to the [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: 07-43324-JBR
  16. In Re WHET, Inc. (1983)

    Before the Court are the recusal motions of Anthony R. Martin-Trigona, a creditor and shareholder of the debtor WHET, Inc.,[1] and Edward Kenneth Suskin, Esquire, on behalf of three creditors[2] of the debtor.


    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 80-1542-HL
  17. In Re Thibodeau (1992)

    The Debtor, Leigh Raymond Thibodeau, has moved to reopen his case under Chapter 7 of the Bankruptcy Code in order to amend his schedule of creditors with the name of one creditor, David Piacenza, whom to date he has failed to list. The Court sees this kind of motion with regularity. Its facts are typical. After the Debtor received a discharge, his Chapter 7 case was closed as a no-asset case (that is, without assets having been discovered with which to pay a dividend). In accordance with [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 90-16177-CJK
  18. In Re Anolik (1997)

    Before the Court is a "Motion to Approve Final Accounting and Authorize Disbursements" (the "Motion") filed by Peter M. Stern, the Chapter 7 Trustee in Bankruptcy (the "Trustee"). The Motion seeks approval of the "Trustee's Final Report and Account Before Distribution, Request for Compensation and Report on Claims/Proposed Distribution" (the "Final Account"). The Final Account includes a request for payment of the Trustee's Chapter 7 commissions claimed to be due under 11 U.S.C. § 326(a), as [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 86-40574-HJB
  19. In Re Gonzalez (1993)

    Emilio O. Gonzales and Bernadine A. Gonzales (the "Debtors") have claimed a $4,235 exemption on their home at 254 Worcester Street, North Grafton, Massachusetts under section 522(d) of the Bankruptcy Code. They now move pursuant to section 522(f) to avoid entirely the $300,000 attachment lien on the property held by First National Bank of Boston ("the Bank"). Presented is the question of whether the Debtors' section 522(f) lien avoidance rights extend beyond the amount of their claimed [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 91-43082-JFQ
  20. In Re Latanowich (1997)

    The Debtor, Francis M. Latanowich, moved to reopen this case to seek relief from, among other debts, one to Sears, Roebuck & Co. that he had listed in his schedules and that appeared to have been discharged. When it became clear that Sears had prevailed upon the Debtor, acting pro se, to reaffirm his debt but then had refrained from filing the agreement and had nonetheless enforced it against the Debtor, the Court issued an order to show cause why Sears should not be sanctioned for [...]

    Court: Bankruptcy Court for the District of Massachusetts Docket: Bankruptcy No. 95-18280-CJK

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