US Bankruptcy Court DMA Docket Feed

Victoria Trucking Claim, $67k, Partially Sustained

The United States Bankruptcy Court for the District of Massachusetts partially sustained and partially overruled debtor James F. McGuinness's objection to Victoria Trucking, LLC's proof of claim (Claim No. 6-2) totaling $67,439.64 in unsecured debt. Victoria Trucking claimed $50,521.34 for unpaid asbestos hauling and disposal services at a Taunton, Massachusetts property and $16,918.30 in legal fees under Mass. Gen. Laws ch. 93A. The court found the debtor liable for the base services amount but reduced or disallowed the Chapter 93A attorney's fees claim, rejecting Victoria Trucking's contention that the debtor engaged in unfair business practices. The creditor's claim for the base hauling services was allowed, while the additional legal fees claim was not sustained in full.

Arena Objection to Driscoll Claim

The United States Bankruptcy Court for the District of Massachusetts issued a memorandum of decision sustaining Chapter 7 debtor Thomas W. Arena's objection to an amended proof of claim filed by Robert W. Driscoll and Laina C. Driscoll as Trustees of the Quissett Partners Trust (Claim No. 2-2). The court must determine whether the $1,276,374.82 secured claim may include post-judgment interest and costs of collection, including post-judgment attorneys' fees and expenses. The Driscolls' claim was originally filed at $612,252.13 and increased to $1,276,374.82, secured by real estate via a judgment lien or writ of attachment. The court sustained the Objection as set out in its decision, affecting how secured claims in Chapter 7 cases may be calculated when including post-judgment collection costs.

Debra Feldman Sanctioned Vexatious Litigation Unauthorized Practice

The US Bankruptcy Court for the District of Massachusetts issued a memorandum of decision sanctioning debtor Debra L. Feldman and her brother David Feldman for extensive vexatious litigation across the main bankruptcy case and five related adversary proceedings. The court found both parties filed a sanctions motion against H&R Block Eastern Enterprises without a good faith basis in violation of Bankruptcy Rule 9011. The court additionally found that Debra Feldman engaged in the unauthorized practice of law by drafting, researching, and filing pleadings on behalf of her mother and brother without holding a law license, and that she intentionally misrepresented statements made by Chapter 7 Trustee John Desmond in a reconsideration motion. The court will enter fee awards in favor of the Trustee and H&R Block and impose filing restrictions on both parties.