MEMORANDUM OF DECISION ON DEBTOR'S RENEWED MOTION TO AUTHORIZE POSTPETITION BORROWING FRANK J. BAILEY , Bankruptcy Judge . This case is before the Court on the Renewed Motion by Debtor Meredith Clark Shachoy for Order (I) Authorizing the Debtor to Obtain Post-petition Financing and (ii) Granting Junior Security Interests (the "Renewed Motion"). By this motion, Meredith Clark Shachoy (the "Debtor") seeks authority to engage in post-petition borrowing from her husband, Christopher Schchoy ("...
MEMORANDUM OF DECISION Melvin S. Hoffman , U.S. Bankruptcy Judge . I. Introduction In the only remaining count of a four-count amended complaint (ECF# 34), the plaintiff, Jenzack Partners, LLC, seeks judgment against the defendant, Stephen J. Gillis, the debtor in the main case, denying his discharge pursuant to Bankruptcy Code 727(a)(4)(A). 1 Jenzack contends that Mr. Gillis made false oaths or accounts both in his written bankruptcy schedules and statements and in his sworn...
MEMORANDUM OF DECISION ON TRUSTEE'S FINAL REPORT AND FINAL APPLICATIONS FOR FEES AND EXPENSES OF TRUSTEE AND COUNSEL MELVIN S. HOFFMAN , Bankruptcy Judge . Having reviewed and considered the Trustee's Final Report filed in this case [ECF #900], and the final application for allowance of compensation based on statutory commissions filed by the chapter 7 trustee, Joseph H. Baldiga, [ECF #901] seeking statutory commissions of $130,584.63, and the final application for allowance of...
MEMORANDUM OF DECISION ON MOTION OF TRUSTEE TO APPROVE COMPROMISE, APPROVE SALE, AND ISSUE INJUNCTION Frank J. Bailey , United States Bankruptcy Judge . The matter before the Court is the Trustee's Motion to Approve Compromise, Approve Sale, and Issue Injunction [doc. #300]. By this motion, Donald Lassman ("the Trustee"), as trustee in the chapter 7 case of David F. DeVeau ("DeVeau" and "the Debtor"), seeks (i) approval under Fed. R. Bankr. P. 9019 of a compromise that he has reached with...
ORDER ON DEFENDANTS ACAS, LLC, ARES CAPITAL CORPORATION, ARES CAPITAL MANAGEMENT LLC, MYUNG YI, ANUJ KHANNA, GORDON O'BRIEN, STEPHEN CHEHI, AND DANIEL KATZ'S MOTION TO DISMISS THE COMPLAINT MELVIN S. HOFFMAN , Bankruptcy Judge . The motion of defendants ACAS, LLC, Ares Capital Corporation, Ares Capital Management LLC (together with Ares Capital Corporation, "Ares"), Myung Yi, Anuj Khanna, Gordon O'Brien, Stephen Chehi, and Daniel Katz (together with Messrs. Yi, Khanna, O'Brien, and Chehi,...
ORDER ON SUMMARY JUDGMENT MOTIONS CHRISTOPHER J. PANOS , Bankruptcy Judge . Before the Court are (i) the motion for summary judgment (Doc. No. 45) (the "Summary Judgment Motion"), as supplemented by the memorandum in support (Doc. No. 47) and the further supplement to the memorandum (Doc. No. 61) (collectively, the "Memorandum"), filed by the debtor-defendant and plaintiff-in-counterclaim, John M. Bona (the "Defendant" or "Debtor"), the opposition to the Summary Judgment Motion (Doc. No....
ORDER SUSTAINING THE DEBTOR'S OBJECTION TO CLAIM #6-1 CHRISTOPHER J. PANOS , Bankruptcy Judge . Upon consideration of the Objection to Priority Claim of Continuum Energy Technologies, LLC [Claim No. 6-1] [Doc. No. 364] (the "Claim Objection") of IDL Development, Inc. ("IDL" or the "Debtor") to the portion of Claim No. 6-1 filed by Continuum Energy Technologies, LLC ("CET") asserting an administrative priority claim in the amount of $2,141,682.71 pursuant to 11 U.S.C. 507(a)(2) 1 (the "...
MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS MELVIN S. HOFFMAN , Bankruptcy Judge . The plaintiff in this adversary proceeding, the Commonwealth of Massachusetts Executive Office of Health and Human Services ("EOHHS"), filed a six-count complaint against the defendant, Donald C. Kupperstein, the debtor in the main case. EOHHS asserts: (1) that pursuant to subparts (a)(2) 1 , (a)(4), (a)(6), and (a)(7) of 523 of the Bankruptcy Code 2 certain debts Mr. Kupperstein owes to it...
MEMORANDUM OF DECISION ELIZABETH D. KATZ , Bankruptcy Judge . I. FACTS AND TRAVEL OF THE CASE In September 2004, Daniel P. Woodard (the "Debtor") and his spouse, Lynne Harrington ("Harrington"), refinanced a mortgage loan encumbering their property in Northfield, Massachusetts. To secure the loan, the Debtor and Harrington gave a mortgage in favor of Mortgage Electronic Registration Systems, Inc. ("MERS"), as nominee for IndyMac Federal Bank F.S.B. ("Indymac"), which was later assigned...
MEMORANDUM OF DECISION AFTER REMAND Elizabeth D. Katz , United States Bankruptcy Judge Before the Court, on remand from the United States Bankruptcy Appellate Panel for the First Circuit ("BAP"), is the complaint filed by Audrey Eve Schatz (the "Debtor") seeking a determination that her student loan debts are dischargeable pursuant to 523(a)(8) of the United States Bankruptcy Code. 1 The BAP vacated and remanded this Court's earlier judgment in which this Court found that,...
MEMORANDUM OF DECISION FRANK J. BAILEY , Bankruptcy Judge . Procedural History By her seven-count complaint in the above-entitled adversary proceeding, Debora Casey, as trustee in the chapter 7 bankruptcy case of F&B Enterprises, Inc., seeks (i) a determination that a post-bankruptcy transfer of certain real property that belonged to the debtor but was not disclosed during the bankruptcy case was void ab initio as in violation of the automatic stay, (ii) avoidance of the transfer under...
MEMORANDUM OF DECISION Frank J. Bailey , United States Bankruptcy Judge I. Overview Plaintiff Feng Chen ("Chen" or "Plaintiff") seeks a determination that a debt allegedly owed to her by the defendant and chapter 7 debtor, Xing Ping Liang ("Liang" or "Defendant" or "Debtor"), is excepted from discharge under 11 U.S.C. 523(a)(2)(A). She also asks that the Debtor be denied a discharge under 11 U.S.C. 727(a)(2)(A), (a)(4)(A), and (a)(5). For the reasons stated herein, the court...
MEMORANDUM AND ORDER ON DEBTOR'S MOTION TO AMEND SCHEDULES Melvin S. Hoffman , United States Bankruptcy Judge . The debtor, Debra L. Gorsky, filed a voluntary chapter 13 petition on December 13, 2011. Her case was converted to chapter 7 on January 12, 2012. On March 20, 2012, her chapter 7 trustee filed a Report of No Distribution signaling that hers was a so-called "no asset case," meaning creditors would be receiving nothing as a result of Ms. Gorsky's bankruptcy filing. On April 10,...
MEMORANDUM OF DECISION REGARDING ASSUMPTION AND REAFFIRMATION OF MOTOR VEHICLE LEASES Melvin S. Hoffman , United States Bankruptcy Judge . The process of personal property lease assumptions by individual chapter 7 debtors is governed by section 365(p)(2) of the Bankruptcy Code, 1 which provides in subpart A: "the debtor may notify the creditor in writing that the debtor desires to assume the lease" and "[u]pon being so notified, the creditor may, at its option, notify the debtor that it...
MEMORANDUM OF DECISION ON DEFENDANTS' MOTIONS TO DISMISS AND PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION FRANK J. BAILEY , Bankruptcy Judge . The plaintiffs in this adversary proceeding are the debtor in the present bankruptcy case, Zaina Leak ("Zaina"), and her mother, Sonya Leak ("Sonya"). The defendants are the Massachusetts Housing Finance Agency ("MHFA"), which held a mortgage from Sonya's mother on a condominium and then foreclosed that mortgage; Reem Property, LLC ("Reem"), which...
MEMORANDUM OF DECISION Frank J. Bailey , United States Bankruptcy Judge . I. INTRODUCTION Sharlene Greer-Allen ("Greer-Allen") entered into three loan agreements, subsequently assigned to the defendants, to help finance her education at Northeastern University. After receiving a discharge under Chapter 7 of the Bankruptcy Code ("the Code"), Greer-Allen commenced the present adversary proceeding, in which she seeks a determination that her discharge extinguished the aforementioned...
MEMORANDUM OF DECISION Elizabeth D. Katz , United States Bankruptcy Judge . Before the Court is a motion (the "Motion") filed by Citizens Bank, N.A. ("Citizens") seeking dismissal of an adversary proceeding filed by plaintiff Laura McLain, the debtor in the underlying Chapter 13 bankruptcy case (the "Debtor"). In the complaint, the Debtor alleges that Citizens, the holder of a second mortgage on the Debtor's residence, is liable for a variety of tort and consumer protection claims by,...
ORDER ON DEFENDANTS' MOTION TO DISMISS MELVIN S. HOFFMAN , Bankruptcy Judge . The motion of defendants to dismiss the complaint in this adversary proceeding having come before me, and after considering the parties' written submissions and the arguments of counsel presented at a hearing on the motion on January 10, 2019, I hereby enter the following orders with respect to the motion as it relates to the specific counts and claim objections in the complaint: 1 Count I — Declaratory...
MEMORANDUM OF DECISION Elizabeth D. Katz , United States Bankruptcy Judge . Before the Court is an order directed at Anne J. White (the "Trustee"), the plaintiff in this adversary proceeding and trustee in the underlying Chapter 7 bankruptcy case filed by Steven C. Lloyd (the "Debtor"), requiring the Trustee to show cause as to why the adversary proceeding should not be dismissed for lack of jurisdiction. If the claims brought by the Trustee against Michael T. Gaffney ("Gaffney"), the...
MEMORANDUM OF DECISION Christopher J. Panos , United States Bankruptcy Judge . Before the Court is the Motion to Dismiss (the "Motion") filed by the defendant Marsh USA, Inc. ("Marsh" or the "Defendant"), the prepetition insurance broker of the debtor GlassHouse Technologies, Inc. (the "Debtor" or "GlassHouse"). 1 Pursuant to Fed. R. Civ. P. 12(b)(6), as made applicable to this proceeding by Fed. R. Bankr. P. 7012(b), Marsh seeks dismissal of the complaint (the "Complaint") filed by the...
