Bankruptcy – Automatic stay – Alimony
Where a debtor’s former spouse pursued contempt proceedings against him in the Massachusetts Probate & Family Court resulting in the debtor’s incarceration for failure to pay alimony, the automatic...
View ArticleBankruptcy – Fees – Collection – Automatic stay
Where a Probate & Family Court judge issued a sanctions order requiring a Chapter 13 debtor to pay his sister’s counsel fees pursuant to G.L.c. 231, §6F, the subsequent attempts by the sister and...
View ArticleBankruptcy – Foreclosure – Automatic stay
Where a bank has moved for nunc pro tunc relief from the automatic stay, the motion should be allowed in order so that a foreclosure sale of the debtor’s real property will not be a nullity. “On May 1,...
View ArticleReal property – Automatic stay – Fraudulent transfer
Where plaintiffs claim ownership of Hull property based in a 1977 Superior Court judgment, their claim must be rejected because the judgment violated the automatic stay that was in place when the...
View ArticleBankruptcy – Automatic stay – Foreclosure
Where a judge found that a defendant mortgage holder did not violate the automatic stay by advertising continuances of a foreclosure sale of a debtor’s home, the judgment must be affirmed because the...
View ArticleBankruptcy – Automatic stay – Mortgage – Rental property
Where a U.S. Bankruptcy Court judge on remand granted a secured creditor relief from the automatic stay, the judge’s decision must be affirmed based on the debtor’s failure to meet her burden to...
View ArticleBankruptcy – Foreclosure – Automatic stay
Where a Chapter 13 debtor has challenged the validity of a mortgage foreclosure, a ruling on whether or not the foreclosure violated the automatic stay must be held in abeyance. The defendants will be...
View ArticleBankruptcy – Automatic stay – Trustee process
Where a plaintiff Chapter 7 debtor has alleged that a defendant creditor violated the automatic stay in connection with a state court trustee process order, no stay violation occurred because the...
View ArticleBankruptcy – Automatic stay – Eviction
Where a creditor willfully violated the automatic stay, the debtor should be awarded damages of $990, to be offset by a prior court order requiring the debtor to pay that sum to the creditor’s counsel....
View ArticleBankruptcy – Automatic stay – Student loans
Where a Chapter 13 debtor has alleged that the defendant corporation violated the automatic stay, the defendant is not entitled to summary judgment, as the debtor was provided with sufficient notice of...
View Article
More Pages to Explore .....