DECISION AND ORDER DIANE FINKLE, Bankruptcy Judge. Philippe and Paulette Nadeau filed a Chapter 7 voluntary petition, the United States Trustee ("UST") moved to dismiss the Nadeaus' case for abuse pursuant to Bankruptcy Code section 707(b)(1), and the Nadeaus objected to that motion. 1 The Court held an evidentiary hearing on the motion and objection on July 24, 2014, and this decision constitutes my findings of fact and conclusions of law. After careful consideration of the testimony, the...
MEMORANDUM AND ORDER DIANE FINKLE, Bankruptcy Judge. This matter presents unique circumstances in which the Chapter 13 trustee, upon completion of the term of the Debtors' confirmed plan, now seeks disgorgement by Pawtucket Creditor Union ("PCU") of five years of disbursements it received under the plan. The Trustee alleges that he made these distributions as the result of a clerical error on his part. He contends that PCU did not have a right to receive such distributions because its claim...
MEMORANDUM AND ORDER GRANTING MOTION TO DISMISS (this relates to Doc. #38) DIANE FINKLE, Bankruptcy Judge. Defendant Bank of America, N.A. seeks dismissal of this adversary proceeding brought by Plaintiff-Debtor Inez Travers for statutory damages, rescission of the Defendant's mortgage against her residence, and attorney's fees for alleged violations of the Truth in Lending Act, 15 U.S.C. 1601 et seq. ("TILA") and Regulation Z, 12 C.F.R. 226.1. 1 In ruling on the motion, I have...
