Boston Bar Association Bankruptcy Homepage and Blog

UPCOMING VOLUNTEER OPPORTUNITIES IN SUPPORT OF THE BANKRUPTCY SECTION’S VETERANS INITIATIVE

2012-01-30T12:39:00.000-05:00

1. On Saturday March 21, 2012, the Bankruptcy Section has been was asked to lead a 1.5 hour session on financial education at a Veteran’s retreat in conjunction with its continuing outreach to Veterans in partnership with the Massachusetts Department of Veteran’s Services. The retreat is for military veterans, and their families, who have suffered a traumatic brain injury. The retreat,

BAP Affirms Entry of Sale Order - Failure to Object Constitutes Implied Consent

2011-12-21T09:02:00.001-05:00

Click here for a summary of In re Grassi by Dan Lake.

Veterans Volunteer Opportunity - February 1 and February 17, 2012

2011-12-14T23:27:00.001-05:00

The Massachusetts Department of Veteran’s Services and the Bankruptcy Section of the Boston Bar Association are teaming up to provide financial education to Military Personnel, Veterans and their Family Members. Two sessions are planned: February 1 in Wilmington and February 17 in Leominster. Each session starts at 7 pm. The sessions will present useful information about debt, credit,

Upcoming Brown Bag Lunches

2011-10-24T18:00:00.000-04:00

The November Brown Bag Luncheon will be held on November 8, 2011 from 12:00 to 1:30 and will focus on Amendments to the Federal Bankruptcy Rules effective December 1, 2011 . The guest speakers will be John Rao discussing Rule 3001 changes and the new 3002.1; James Wilton and James Wright discussing Rule 2019, and John Fitzgerald from the US Trustee's Office. To RSVP for the 11/8 program,

BAP Holds Time-Barred Section 707 Motion To Dismiss is Insufficient to Deny Debtor’s Rule 4004(c) Motion for Discharge – By Dan Lake

2011-10-06T10:35:00.000-04:00

Rosado v. Pablos, No. PR 10-080, 2011 Bankr. LEXIS 3008 (B.A.P. 1st Cir. Aug. 10, 2011) (per curiam) The United States Bankruptcy Appellate Panel for the First Circuit reversed the bankruptcy court’s denial of the debtor’s request for entry of a discharge and vacated its order dismissing the debtor’s case. The bankruptcy court granted several extensions of the deadlines for filing a Section 727

BAP in NH on Monday October 3

2011-09-30T13:44:00.000-04:00

The United States Bankruptcy Appellate Panel for the First Circuit will be holding oral argument at the United States Bankruptcy Court for the District of New Hampshire in Manchester, New Hampshire on Monday, October 3, 2011 starting at 10:00 a.m. Although the BAP generally holds argument in Boston, MA and San Juan P.R, under 1st Cir. B.A.P. L.R., 8012-1(f), the BAP may conduct oral argument

Member Update

2011-09-20T12:53:00.000-04:00

Don Lassman has announced that his website just went live. You can visit it at http://www.lassmanlaw.com/ or by clicking here.

BAP Holds Sovereign Immunity Bars Emotional Distress Damages Against United States for Violation of Automatic Stay; Awards Attorney’s Fees as Sole Damages for Violation of Discharge Injunction - By Dan Lake

2011-09-14T12:18:00.000-04:00

Duby v. United States, Nos. NH 10-052, NH 10-057, 2011 Bankr. LEXIS 2356 (B.A.P. 1st Cir. June 28, 2011) The United States Bankruptcy Appellate Panel for the First Circuit affirmed the bankruptcy court’s award of attorney’s fees for the defendant’s violation of an automatic stay, while reversing the bankruptcy court’s $3,000 sanction against the defendant for violating a discharge injunction.

CLE Committee Seeks Input and Volunteers for Brown Bag Luncheon Program and CLE Programs

2011-09-13T13:55:00.001-04:00

The CLE Committee of the Bankruptcy Section organizes the monthly Brown Bag Luncheon program. For those not familiar, the Brown Bag Luncheon Series provides opportunities for members and non-members to eat their lunch at the BBA headquarters and simultaneously attend an informal seminar. Attendees can bring their own lunch, or pay a minimal amount to have the BBA provide it. During lunch a

Chapter 11 Bankruptcy Venue Reform Bill Pending Before Congress

2011-09-09T14:54:00.001-04:00

On September 8, 2011, the Subcommittee on Courts, Commercial and Administrative Law of the House Judiciary Committee heard testimony from four experts including Chief Judge Frank J. Bailey of the United States Bankruptcy Court for the District of Massachusetts on a bill pending before Congress to alter venue requirements in chapter 11 bankruptcy cases. The bill, officially known as the Chapter

First Circuit Affirms District Court’s Holding that Automatic Stay Tolls Massachusetts Obsolete Mortgages Statute, Despite Mortgagee’s Failure to Record Timely Extension

2011-08-22T10:39:00.000-04:00

Shamus Holdings, LLC v. LBM Financial, LLC (In re Shamus Holdings, LLC), 54 Bankr. Ct. Dec. 221 (1st Cir. 2011) By Dan Lake The United States Court of Appeals for the First Circuit affirmed a district court decision holding that a mortgage remains in force during an automatic stay, notwithstanding the mortgagee’s failure to record a timely extension under the Massachusetts Obsolete Mortgages

YELLOW RIBBON EVENT - VOLUNTEER OPPORTUNITY

2011-08-11T17:55:00.000-04:00

We are currently looking for volunteers to assist members of the military at the following Yellow Ribbon event: Saturday August 20, 2011 at the Newton Marriott. The event starts at 8 a.m. and we do not expect any formal legal sessions at this event – we simply need volunteers to staff the BBA table starting at 10:00 a.m. to assist with legal questions. Please contact Don Lassman at Don@

ANNUAL MASSACHUSETTS VETERANS STANDDOWN - VOLUNTEERS NEEDED

2011-08-11T17:48:00.000-04:00

Homeless and in-need Veterans and their families are invited to attend Massachusetts Stand Down 2011 on Friday August 26th and Saturday August 27th. This year’s event is at a new location and will be held at the IBEW Local 103 at 256 Freeport Street in Dorchester. The two day event will provide many services to homeless and at-risk veterans including housing assistance, job assistance, medical

Call for Volunteers to Prepare a Bankruptcy Law Handout for the Military

2011-07-25T10:03:00.000-04:00

There are a number of substantive law handouts prepared by the JAG for service members and these are available at Yellow Ribbon Events that the BBA has been attending and supporting over the past year. Don Lassman thinks it would be helpful if there were a similar handout for Bankruptcy and is wondering if anyone might be interested in taking on the project of preparing the handout. Please let

Training Materials Now Available Online

2011-06-06T12:50:00.000-04:00

The training materials provided at the May 5, 2011 Free Training Opportunity for Attorneys Interested in Helping Veterans and Active Members of the Military and Their Families Experiencing Financial Difficulties are now available online. Click here to view the Primer on Bankruptcy-Related Provisions Applicable to Service Members. To view the powerpoint presentation entitled Commercial, Consumer

Bankruptcy Section Homepage Addition: MarketWatch Streaming News

2011-04-21T12:58:00.001-04:00

As part of their continuing efforts to provide timely and relevant resources to bankruptcy practitioners, the editors are happy to announce the addition of streaming news stories from MarketWatch.com to the Bankruptcy Section's Homepage. This news source will assist both consumer and business bankruptcy practitioners stay current on the changing market conditions that affect their clients.

Bankruptcy Section Blog UPGRADE

2011-04-15T14:50:00.000-04:00

The editors are happy to announce that the Bankruptcy Section's Blog-Homepage has a new tool that allows readers to follow posts by email. Any readers wishing to receive alerts via email for new postings should enter their email address in the "follow by email" space located on the right side of the page under the "search this blog" link. Please feel free to contact the editors with questions

Free Training Opportunity for Attorneys Interested in Helping Veterans and Active Members of the Military and Their Families Experiencing Financial Difficulties

2011-04-15T10:05:00.000-04:00

On May 5, 2011 from 4-6 p.m., the Bankruptcy Section of the Boston Bar Association is conducting a Training Session at the BBA that will review the many unique legal issues faced by active and veteran members of the armed services and their families in the areas of consumer law and bankruptcy law. This session is not to be missed if you are interested in representing veterans with financial

Consumer Dream Team Being Formed

2011-04-15T09:59:00.003-04:00

It's playoff time in Boston and that means it is time for the Bankruptcy Section to form its DREAM TEAM! As part of the BBA’s ongoing commitment to assist with the legal problems being faced by past and present members of the armed services and their families, the Bankruptcy Section has been providing information about consumer issues and bankruptcy at Yellow Ribbon Events held in various

Spendthrift Trust Corpus Not Part of Bankruptcy Estate, Testamentary Spendthrift Trust Income Disbursements Made More Than 180 Days After Date of Petition Not Part of Bankruptcy Estate -- By Dan Lake

2011-04-09T11:12:00.001-04:00

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BAP Vacates Order Granting Debtor’s Vague and Ambiguous Claims Objection -- By Dan Lake

2011-04-09T11:10:00.001-04:00

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U.S. BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS ANNOUNCEMENT

2011-04-08T14:36:00.001-04:00

IMPORTANT Please be advised that in the event of a shutdown of the federal government due to a lack of funding, the U.S. Bankruptcy Court and the U.S. District Court will remain open and fully operational. The General Services Administration (GSA) has assured us that the federal buildings will be open and security will be in place at the entrances as usual. The U.S. Marshal Service has also

Members in the News

2011-03-30T15:44:00.002-04:00

Choate, Hall & Stewart LLP in Boston has added Kevin Simard, formerly a partner at Riemer & Braunstein, as a partner in the law firm’s Finance & Restructuring Group. Simard will continue to focus his practice on representing major financial institutions in all aspects of secured lending

Members in the News

2011-03-29T09:55:00.000-04:00

The BBJ reported that McCarter & English LLP has added Thomas Curran as a partner in the Bankruptcy & Restructuring practice in Boston. Curran handles all aspects of insolvency law with a particular focus on creditor rights. He joins McCarter from the Hinckley, Allen & Snyder LLP’s Boston office, where he was a partner in the Bankruptcy, Creditors’ Rights & Workouts practice group.

Failure to Acquire Property Insurance on Collateral is Sufficient to Reduce 21-Day Notice Period Before a Conversion Hearing -- By Dan Lake

2011-03-08T12:45:00.000-05:00

Aja v. Fitzgerald (In re Aja), 441 B.R. 173 (B.A.P. 1st Cir. 2011) The United States Bankruptcy Appellate Panel for the First Circuit (BAP) denied an appeal by a debtor challenging the Bankruptcy Court’s denial of her request for reconsideration of an order converting her case from chapter 11 to chapter 7. The Bankruptcy Court set a date for the conversion motion hearing, but advanced the

Debtor’s Lack of Equity in Estate Provides No Standing to Appeal Order for Relief From Stay After Bankruptcy Court Converts Case to Chapter 7 -- By Dan Lake

2011-03-08T12:44:00.000-05:00

Aja v. Emigrant Funding Corp. (In re Aja), No. MB 10-019, 2011 Bankr. LEXIS 131 (B.A.P. 1st Cir. Jan. 19, 2011) The United States Bankruptcy Appellate Panel for the First Circuit (BAP) dismissed an appeal by a pro se debtor challenging the Bankruptcy Court’s grant of a creditor’s motion for in rem relief from stay. The BAP ruled that the debtor lacked standing to appeal because the Bankruptcy

Volunteer Opportunity - Reminder (Help Needed on 1/18)

2011-01-14T10:55:00.000-05:00

REAFFIRMATION CLINIC As part of the Bankruptcy Section’s continuing commitment to providing assistance to the Court with pro se filers, BBA Bankruptcy Section volunteers staff a “clinic” and provide advice to pro se debtors who have asked the Court’s permission to enter into a reaffirmation agreement with a creditor. The Pro Bono Committee coordinates the process; and, as there is no appearance

BBA Members in the News

2011-01-11T13:33:00.002-05:00

McDermott Will & Emery LLP is pleased to announce that Peter M. Acton, Jr. has been elected to partner effective January 1, 2011. Peter, a member of the BBA Bankruptcy Section and its steering committee, focuses his practice on commercial disputes. In addition to representing clients (ranging from Fortune 50 companies to smaller Massachusetts-based businesses) in federal and state courts as

CLE Materials Now Available

2011-01-06T09:04:00.000-05:00

Pamela Smith Holleman's presentation outline and notes with respect to her December 14, 2010 presentation on Special Purpose Entities and Opinion Practice may be viewed by clicking here.

Volunteer Opportunity

2010-12-21T09:44:00.000-05:00

FOR IMMEDIATE RELEASE: Boston Bar Association Rejoices in Passage of Homestead Reform Legislation

2010-12-17T16:44:00.000-05:00

Following a 10-year advocacy effort seeking greater protection for homeowners, the Boston Bar Association today celebrated the signing of An Act Relative to the Estate of Homestead by Governor Patrick. "This is great news to the attorneys whose clients have come to them in dire straits, overwhelmed with debt and seeking help to obtain a fresh start," said BBA President Donald R. Frederico. "

Message from U.S. Bankruptcy Court District of Massachusetts

2010-12-10T11:00:00.000-05:00

The Honorable Frank J. Bailey has been appointed the Chief Judge of the United States Bankruptcy Court for the District of Massachusetts for a term of four years, effective December 10, 2010. He succeeds the Honorable Henry J. Boroff.

Report on Young Lawyers Committee Event

2010-12-09T11:07:00.000-05:00

On November 30, 2010, the Young Lawyers Committee of the Bankruptcy Section hosted a cocktail reception at Ned Devine's Parris Lounge. The event was designed as an informal "meet and greet" for young bankruptcy practitioners. Over 20 people attended, including several new faces of bankruptcy associates, law students, and in-house counsel. After hosting a "Kick-off" breakfast at the start of the

Handling Individual Chapter 11 Cases - Emerging BAPCPA Issues

2010-12-04T23:30:00.001-05:00

Individual Chapter 11 cases are more and more commonplace. Debtors with more than $1,010,650 in non-contingent secured debt and $336,900 in non-contingent liquidated unsecured debt are ineligible for Chapter 13. Given that Massachusetts is still one of the most affluent states in the nation, Chapter 11 for individuals is often the best and only option.This program will address the process for

Preview: "W"Rap Your Arms Around Chapter 258 of the Acts of 2010: An Act Relative to Mortgage Foreclosures

2010-11-08T21:30:00.000-05:00

The Bankruptcy Section is hosting its first “Consumer Rap” of the season with a get together on November 10 at the offices of Parker & Associates. The “Rap” sessions are opportunities for practitioners who represent individual debtors as well as those who represent creditors to come together informally and talk about the practical issues faced when representing their clients - how to do their

"W"Rap Your Arms Around Chapter 258 of the Acts of 2010: An Act Relative to Mortgage Foreclosures

2010-11-08T21:27:00.001-05:00

Wednesday, November 10, 2010 6:00 PMParker & Associates - 10 Converse Place, Winchester, MA On August 10, 2010 the Commonwealth enacted an emergency law with respect to mortgage foreclosures, which has a dramatic affect on the practice of both debtor and creditor practitioners working in the areas of mortgage foreclosures, evictions, and loan modifications.

Preview: Do you have a WISP? - A Guide to Protecting Personal Information

2010-11-08T14:46:00.001-05:00

Bankruptcy lawyers handle confidential client information every day. Massachusetts just enacted regulations that protect confidential information and impose harsh penalties for failing to do so. Does your office have a written plan for protecting personal information, shredding documents, cloaking computers and securing information in your office? At this program you will hear from an Attorney

Do you have a WISP? - A Guide to Protecting Personal Information

2010-11-08T14:44:00.000-05:00

Tuesday, November 9, 2010 12:15 PMBoston Bar Association - 16 Beacon Street, Boston, MADescription: Lawyers must comply with the Massachusetts regulations that became effective on March 1, 2010 that protect personal information of their clients. Bankruptcy practice requires constant use of personal information. This luncheon will provide you with the tools you need to become compliant with the

BBA Bankruptcy Section Attorney Training for Veterans Financial Literacy Initiative

2010-10-19T20:05:00.006-04:00

As part of its ongoing financial education outreach efforts, the Bankruptcy Section will be training attorney volunteers who would like to participate in a financial literacy initiative geared towards the unique needs of Massachusetts veterans. Topics will include the Servicemembers Civil Relief Act, mortgages, foreclosures, debt management, debt settlement, and

Bankruptcy Section Young Lawyers Committee 2010-2011 "Kick-Off" Breakfast

2010-09-02T15:15:00.001-04:00

Thursday, September 16, 2010 8:30 AMK & L Gates LLP - State Street Financial Center, 19th Floor, One Lincoln Street, Boston, MAJoin your fellow new and young bankruptcy lawyers at an informal networking breakfast at K&L Gates LLP to meet each other and learn about our upcoming programs for the 2010-2011 year. Advance RSVP required due to building security, and please be sure to bring a form of ID

CLE - Implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act

2010-09-02T15:04:00.007-04:00

Wednesday, September 15, 2010 4:00 PMBoston Bar Association - 16 Beacon Street, Boston, MA Click here for a printable registration form. Sponsored by: The Banking and Financial Services Committee of the Business Law Section and the Consumer Finance Committee, a joint committee of the Business and Bankruptcy Law Sections Experts in financial and bank regulatory and financial consumer protection

Bankruptcy Law Section Kickoff Reception Welcoming Hon. Melvin S. Hoffman

2010-09-02T14:51:00.002-04:00