MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Motion of the Defendant, U.S. National Bank Association[ 1 ], to Dismiss Count I of Debtor's Complaint" (the "Motion to Dismiss") filed by U.S. National Bank Association ("U.S. Bank"), the "Objection to Motion of U.S. Bank to Dismiss" (the "Objection") filed by Safina Mbazira (the "Debtor"), and the "Motion by Defendant [U.S. Bank] for Certification of State Law Question to...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Motion for Disbursement of Proceeds of Exempt Property Currently Held by Chapter 7 Trustee" (the "Motion for Disbursement") filed by the United States of America, Internal Revenue Service (the "IRS") and the oppositions thereto filed by the Chapter 7 trustee, Joseph H. Baldiga (the "Trustee"), and the debtors, Patrick and Elizabeth Hannon (the "Debtors"). The IRS asserts that...
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the Motion to Dismiss the Debtor's Amended Complaint filed by Wells Fargo N.A., as Certificate Trustee (not in its individual capacity but solely as certificate trustee) in Trust for Registered Holders of VNT Trust Series 2010-2 ("Wells Fargo"). Nicholas Laudani (the "Debtor") filed an Objection to the Motion to Dismiss. The Court heard the Motion on January 13, 2014, directed the parties to file...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court is the "Second Application for Allowance of Compesnation [sic] Pursuant to 11 U.S.C. 330 and 331 and Rule 2016 of the Rules of Bankruptcy Procedure and MLBR 2016-1" (the "Second Fee Application") filed by Carl D. Aframe ("Attorney Aframe"), counsel to Kathleen Ann Gagnon, the debtor (the "Debtor") in this Chapter 13 case. In the Second Fee Application, Attorney Aframe requests an "award" of $4,312.50 in...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN , Bankruptcy Judge . I. INTRODUCTION The matters before the Court are the cross-motions for summary judgment filed by the plaintiff Harold B. Murphy (the "Trustee"), the Chapter 7 trustee of the estate of Robert D. Colman (the "Debtor"), and the defendant Perry, Johnson, Anderson, Miller & Moskowitz LLP ("PJAMM"). The issue presented is whether PJAMM has a valid charging lien against the stock and related interests in a New York cooperative...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matters before the Court are the "Plaintiffs' Motion for Summary Judgment," (the "Motion for Summary Judgment") filed by Aluisio Santos ("Santos") and Anderson L. Abreu ("Abreu") (collectively, the "Plaintiffs"), and the "Defendant's Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment," (the "Cross-Motion for Summary Judgment") filed by the debtor, Jose Souza (the "...
MEMORANDUM OF DECISION ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT MELVIN S. HOFFMAN, Bankruptcy Judge. The plaintiffs in this adversary proceeding, Oasis, Inc., John L. Sousa and John C. Fisher, have moved for summary judgment on a single count complaint in which they seek to exclude a debt owed to them by Nicholas J. Fiorillo, the debtor in the main case and the defendant in this adversary proceeding, from Mr. Fiorillo's bankruptcy discharge. Mr. Fiorillo opposes summary judgment. For the...
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the Motion to Avoid Judicial Lien (the "Motion") pursuant to which Edward Freeman, Jr. (the "Debtor") seeks to avoid judicial liens obtained by Douglas Grasso ("Grasso"). Through his Motion, the Debtor seeks to avoid Grasso's judicial liens as impairing his homestead exemption in property located at 34 Arbor Street, Wenham, Massachusetts (the "property"). Grasso filed an Opposition to the Motion,...
MEMORANDUM OF DECISION FRANK J. BAILEY , Bankruptcy Judge . I. Overview By his complaint in the adversary proceeding, plaintiff Mark Abramov ("Abramov") seeks a determination that a debt owed to him by the defendant and chapter 7 debtor, Yefim Movshovich ("Movshovich"), is excepted from discharge under 11 U.S.C. 523(a)(2)(A), (a)(2)(B), and (a)(4). After a trial, the Court now makes the following findings and rulings and on the basis thereof, concludes that the judgment debt is...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the "Motion for Sanctions for Violation of the Discharge Injunction, Fair Debt Collection Practices Act, Fair Credit Reporting Act and M.G.L. c. 93A" (the "Motion for Sanctions") filed by Thomas A. Zine (the "Debtor") and the "Opposition of Bayview Loan Servicing, LLC to Debtor's Motion for Sanctions" (the "Opposition") filed by Bayview Loan Servicing, LLC ("Bayview"). Through...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court are the "Defendants' Motion to Dismiss Plaintiff's Complaint" (the "Motion to Dismiss"), the "Trustee's Motion for Summary Judgment Against Both Defendants" (the "Trustee's Summary Judgment Motion"), and the "Defendants' Cross-Motion for Summary Judgment" (the "Defendants' Summary Judgment Motion"). Resolution of each of the motions requires the Court to determine a single issue: whether a mortgage recorded under a...
AMENDED MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Adversary Complaint Seeking Exception to Discharge" (the "Complaint") filed by Uwagboe Orumwense-Lawrence (the "Plaintiff"), both individually and as trustee of the Idada Realty Trust, against the debtor, Julius Osula (the "Debtor" or "Mr. Osula"), who is also the Plaintiff's half-brother. Through the Complaint, the Plaintiff seeks a determination that the debt owed to him for the Debtor'...
MEMORANDUM OF DECISION AND REPORT AND RECOMMENDATION REGARDING MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matters before the Court are the "Motion by Joseph G. Butler, Chapter 7 Trustee of CR Stone Concrete Contractors, Inc. for Approval of Settlement Agreement []" (the "Motion to Approve Settlement") filed by Joseph G. Butler (the "Trustee"), Chapter 7 trustee of the estate of C.R. Stone Concrete Contractors, Inc. (the "Debtor")...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the request of Warren E. Agin, the plaintiff and Chapter 7 Trustee, (the "Trustee") for entry of a money judgment against the defendant, PNC Mortgage ("PNC"), and PNC's opposition thereto. The Trustee filed the present adversary proceeding seeking to avoid the debtor's grant of a mortgage to PNC as a preferential transfer. A default previously entered against PNC, and the Trustee...
MEMORANDUM OF DECISION FRANK J. BAILEY, Bankruptcy Judge. By his complaint in this adversary proceeding, Mark G. DeGiacomo (the "Trustee"), as chapter 7 trustee in the bankruptcy case of Northwood Properties, LLC (the "Debtor" or "Northwood"), seeks damages against defendant Tashmoo Cove Realty, Inc. ("Tashmoo") for breach of plan funding obligations to which, the Trustee contends, Tashmoo committed itself. Specifically, the Trustee contends that, as owner of the Debtor and a proponent of...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION Warren E. Agin, the Chapter 7 trustee (the "Trustee") of the bankruptcy estate of William O. Hultin (the "Debtor"), filed a complaint seeking to avoid a transfer of the Debtor's interest in real property, alleging that the transfer had not been recorded in due course pursuant to Mass. Gen. Laws ch. 184, 25 ("Section 25"). Wells Fargo Bank ("Wells Fargo") filed a motion to dismiss the complaint for failure to...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Objection of Donald R. Lassman, Chapter 7 Trustee, to Debtor's Claim of Exemption" (the "Objection") filed by Donald R. Lassman (the "Trustee"), the Chapter 7 trustee, and the "Debtor's Opposition and Response to Objection of Donald R. Lassman, Chapter 7 Trustee, to Debtor's Claim of Exemption" filed by Marybeth Bauer Williams (the "Debtor"). Through the Objection, the Trustee...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Objection of the Chapter 7 Trustee to the Debtor's Claim of Homestead Exemption" (the "Objection") filed by Warren E. Agin (the "Trustee"), the Chapter 7 trustee of the estate of Steven Wade Newcomb (the "Debtor"), and the Debtor's response thereto (the "Response"). The Trustee objects to the Debtor's claimed exemption under the Massachusetts Homestead Statute 1 on the basis...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court are cross-motions for summary judgment filed by the plaintiff in this adversary proceeding (the Chapter 7 trustee in the underlying bankruptcy case) (the "Trustee") and the defendant JPMorgan Chase Bank, N.A. ("Chase"). Through the underlying complaint (the "Complaint"), the Trustee seeks a judgment avoiding a mortgage granted to Chase by the debtors as a preferential transfer pursuant to 547(b) of the United States...
MEMORANDUM OF DECISION FRANK J. BAILEY, Bankruptcy Judge. I. Overview By his complaint in the adversary proceeding, plaintiff Aubrey Stallworth, Jr. ("Stallworth") seeks a determination that a debt owed to him by the defendant and chapter 7 debtor, John McBride ("McBride"), is excepted from discharge under 11 U.S.C. 523(a)(2)(A), (a)(4), and (a)(6). After a trial, the Court now makes the following findings and rulings and, on the basis thereof, concludes that the judgment debt is...
