May 18, 2018

Expense Reimbursements Are Included in Calculating Current Monthly Income

Income is included in calculating CMI, even if it’s not ‘stable and regular.’

1st Circuit, Massachusetts

April 10, 2018

Filing Date Controls Whether Residential Mortgages Can Be Modified

Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).

1st Circuit, Massachusetts

December 29, 2017

Boston Judge Allows Conversion to Chapter 13 Just to Prevent the Sale of a Home

Converting to chapter 13 to prevent the sale of a home in chapter 7 is not bad faith.

1st Circuit, Massachusetts

August 23, 2017

‘Related To’ Jurisdiction Exists over Lien Dispute Between a Creditor and Its Lawyers

Delaying confirmation wasn’t grounds to abstain.

1st Circuit, Massachusetts

July 26, 2017

Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue

Chapter 11 committees achieve standing more readily than chapter 13 debtors.

1st Circuit, Massachusetts

July 25, 2017

‘Bar Order’ Precluding Creditors’ Independent Claims Disapproved in Chapter 7 Settlement

Massachusetts judge explores the circuit split on barring creditors’ direct claims against non-bankrupt third parties.

1st Circuit, Massachusetts

April 03, 2017

For Chapter 13 Lien Stripping, Use the Filing Date for Valuation

Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.

1st Circuit, Massachusetts

February 21, 2017

Banks Admonished to File Foreclosure Deeds Promptly, or Else

Requiring prompt filing of a foreclosure deed is not absurd, Massachusetts judge says.

1st Circuit, Massachusetts

January 26, 2017

Massachusetts District Judge Nixes Notion of Forced Vesting in Chapter 13

District judge hopes novel theories of equity will permit forced vesting.

1st Circuit, Massachusetts

September 12, 2016

Releases Don’t Bind a Trustee Suing on a Creditor’s Claim under Section 544(b)

Trustee evaded a release by suing on an actual creditor’s claim under Section 544(b).

1st Circuit, Massachusetts