Judge Court
District of Massachusetts
A Prior BAP Opinion Is Virtually Binding on a Later BAP Panel
A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”
Boston Judge Suggests Procedures for Removing Uncertainty from Section 365(p)
Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).
Expense Reimbursements Are Included in Calculating Current Monthly Income
Income is included in calculating CMI, even if it’s not ‘stable and regular.’
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.
Banks Admonished to File Foreclosure Deeds Promptly, or Else
Requiring prompt filing of a foreclosure deed is not absurd, Massachusetts judge says.