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...
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