Judicial Profiles
MELVIN S. HOFFMAN
U.S. Bankruptcy Court
Donohue Federal Building
595 Main St.
Worcester, MA 01608
Phone: (508) 770-8901
Fax: (508) 791-0189
Judicial Biography
Year appointed/elected:
2009, by 1st Circuit
Professional
Legal Employment History:
Partner at Looney & Grossman in Boston specializing in business insolvency issues.
Has been practicing bankruptcy law since he graduated from law school.
“When I was asked to clerk for [Bankruptcy Court Judge] Harold Lavien when I got out of law school, I kind of became pigeon-holed,” he said. “I couldn’t do anything else.”
Hoffman has penned numerous articles and given lectures on bankruptcy matters in addition to writing a book, “Chapter 11 Theory and Practice.”
- Reported Decisions
- Other Links
Opinions Summarized in Lawyers Weekly
- Transfers under power of attorney not exempt from discharge
- Bankruptcy – Power of attorney – Fraud – Defalcation
- Financial expert’s data analysis barred from Ch. 11 proceeding
- Bankruptcy – Expert – Fraud
- Mortgages – Chapter 93A – Injury
- Bankruptcy – Separate and final judgment
- Bankruptcy – Mortgage – Rule 3002.1
- Bankruptcy – Discharge – Denial
- Bankruptcy – Chapter 12 – Family farm
- Mortgages – RESPA – Pecuniary loss
- Bankruptcy – Counsel fee award
- Bankruptcy – Discharge denial – Ownership interest
- Civil practice – Service – Default
- Mortgages – Assignment – Issue preclusion
- Lawyer loses bid to get paid in client’s bankruptcy
- Bankruptcy – Legal fees – Dischargeability
- Bankruptcy – False pretenses – Willful and malicious injury
- Bank denied piece of Uber settlement in taxi co.’s bankruptcy
- Bankruptcy – Collateral – Taxi medallion – Uber settlement
- Bankruptcy – Tax refund
- Bankruptcy – Massachusetts Fraudulent Transfer Act
- Bankruptcy – Mortgage – ‘Gavel rule’
- Bankruptcy – Compensation – Trustee
- Bankruptcy – False oaths – Construction project
- Bankruptcy – Fraud – Restitution
- Creditor can’t require reaffirmation of car lease
- Bankruptcy – Motion to amend – Delay
- Bankruptcy – Lease assumption – Reaffirmation agreement
- Trustee can challenge decade-old transactions
- Bankruptcy – Fiduciary duty – Controller
- Bankruptcy – Claim and issue preclusion – State judgment
- Bankruptcy – Conspiracy – Corporate veil
- Bankruptcy – Fraudulent transfers
- Bankruptcy – Security interest – Bank account
- Bankruptcy – Fraudulent transfers
- Law firm can’t take possessory lien over client funds
- Bankruptcy – Lien – Law firm
- Bankruptcy – Home improvement contractor – Fraud
- No in rem relief after Chapter 13 dismissal
- Legal-mal suit against Boston firm picks up steam
- Bankruptcy – Dismissal – Stay relief
- Attorneys – Legal malpractice – Statute of limitations
- Bankruptcy – Tenancy by the entirety – Preemption
- Ch. 7 trustee can execute on non-debtor spouse’s interest in condo
- Bankruptcy – Dental practice – Sale
- Bankruptcy – Contempt – State agency
- Wife can’t be compelled to testify about loans to husband
- Bankruptcy – Reopening fee – Waiver
- Ch. 11 debtor’s unpaid severance to ex-CEO treated as ‘unsecured’
- Evidence – Spousal disqualification – Contract exception
- Bankruptcy – Severance pay – Administrative expense
- Bankruptcy – Motion for extension – Docketing
- Bankruptcy – Mortgage – Refinancing – Assignment – Recoupment
- Bankruptcy – Current monthly income
- Bankruptcy – Dismissal – Excusable neglect
- Bankruptcy – Mortgage – Home value – Security
- Bankruptcy – Mortgage – Claim preclusion
- Bankruptcy – Collateral – Deferred surrender
- Bankruptcy – Exemption – Annuity
- Bankruptcy – Loan applications – False financial statements
- Bankruptcy – Standing – Estate property
- Bankruptcy – Conversion – Bad faith
- Bankruptcy – Books and records objection – False oath objection
- Bankruptcy – Homestead – Statutory cap
- Bankruptcy – Mortgage – FIRREA
- Chapter 93A judgment against attorney dischargeable in bankruptcy
- Bankruptcy – G.L.c. 93A – Fiduciary capacity – Attorney
- ‘Delinquent list’ doesn’t create lien on license
- Bankruptcy – Dischargeability – G.L.c. 93A
- Bankruptcy – Liquor license – ‘Delinquent list’
- Sanctions offer reminder to heed bankruptcy stay
- Bankruptcy – Automatic stay – Divorce
- Bankruptcy – Automatic stay – Judgment lien
- Bankruptcy – Mortgage – Unrecorded foreclosure documents
- Bankruptcy – Jurisdiction – Rooker-Feldman doctrine
- Bankruptcy – Mortgage – Monthly statements
- Bankruptcy – Executory contract – Rejection
- Bankruptcy – Fire insurance – Mortgages
- Bankruptcy – Sureties – Equitable subrogation
- Bankruptcy – Willful and malicious injury – Asset transfer
- Judge rules creditor can stand in lender’s shoes
- Bankruptcy – College tuition – Value
- Bankruptcy – Subrogation – Loan guarantors
- Bankruptcy – Damages – Discharge injunction – FDCPA
- Bankruptcy – Non-compete agreement – Franchise
- Bankruptcy – Willful and malicious injury
- ‘Vs’ in debt collection letter violates FDCPA
- Bankruptcy – Collection letter – FDCPA
- Bankruptcy – Discharge injunction – FDCPA – Legal counsel
- Bankruptcy – Lien – Homestead – Divorce
- Bankruptcy – Specific performance – Alternative relief
- Bankruptcy – Homestead – Fraud exception
- Bankruptcy – Dismissal – Abuse – Student loans
- Bankruptcy – Collateral estoppel
- Bankruptcy – Homestead – Divorce
- Bankruptcy – Fees – Chapter 13
- Bankruptcy – Intervention – Sibling
- Bankruptcy – Mortgage – Surrender
- Bankruptcy – Mortgage – Assignment
- Bankruptcy – Counsel fees – Fraud
- Bankruptcy – Mortgage – Collateral estoppel
- Bankruptcy – Homestead – Mixed use
- Bankruptcy – Arbitration – Attorney
- Bankruptcy – Homestead – Insurance
- Bankruptcy – Foreclosure – Automatic stay
- Bankruptcy – Home sale – Exemption
- Bankruptcy – Security – Severance pay
- Bankruptcy – Discharge injunction – Mortgage – Disclaimers
- Bankruptcy – Court-ordered sanction – Dischargeability
- Bankruptcy – Attorney – Sanction
- Bankruptcy – Lease payments – ‘New value’ defense
- Bankruptcy – Electricity – Administrative expense
- Bankruptcy – Dismissal – Bar to refiling
- Bankruptcy – Default – Divorce
- Bankruptcy – False oaths
- Bankruptcy – Foreclosure – Automatic stay
- Bankruptcy – Sanction – Attorney
- Bankruptcy – Discharge denial – Financial recordkeeping
- Bankruptcy – Lien avoidance
- Bankruptcy – Mortgage – Reformation
- Bankruptcy – Homestead – Trust beneficiaries
- Bankruptcy – Discharge – Revocation – Undisclosed income
- Bankruptcy – Filing fee – Waiver
- Bankruptcy – Fraud – Auto financing
- Bankruptcy – Massachusetts income taxes – Late returns
- Bankruptcy – Landlord – Administrative expenses
- Bankruptcy – Mortgage – Standing
- Bankruptcy – Conversion – Undistributed plan funds
- Bankruptcy – Jurisdiction – Core proceeding
- Bankruptcy – Chapter 12
- Bankruptcy – Usury
- Bankruptcy – Mortgages – Fair market value
- Bankruptcy – Time limit – Discharge
- Bankruptcy – Discharge – Completion of plan payments
- Bankruptcy – Mortgage – Standing
- Bankruptcy – Fraud – Breach of fiduciary duty
- Bankruptcy – Motion to strike – Trustee’s complaint
- Bankruptcy – Mortgages – Recording – Homestead
- Bankruptcy – Asset purchase agreement
- Bankruptcy – Obsolete mortgage statute
- Bankruptcy – Exemptions – Accounts – Motorcycle
- Bankruptcy – Stock – Rescission
- Bankruptcy – Fraudulent inducement – House construction
- Bankruptcy – False oaths
- Bankruptcy – Jury trial
- Mortgages – RESPA – QWR
- Bankruptcy – Dismissal
- Mortgages – ‘Dual tracking’
- Mortgages – Notary’s certification
- Bankruptcy – Standing – Foreclosure – Automatic stay
- Bankruptcy – Notice – Deadline – Motion to reopen
- Bankruptcy – Res judicata – Automatic stay
- Bankruptcy – Jurisdiction – Trust
- Bankruptcy – Discharge – Prior filing
- Bankruptcy – State income tax
- Bankruptcy – Commission – Trustee
- Bankruptcy – Homestead
- Bankruptcy – Homestead – Merger
- Bankruptcy – Fees – Mootness
- Bankruptcy – Rebate payments
- Bankruptcy – Country club – Successor liability
- Bankruptcy – Assets – Injunctive order
- Bankruptcy – Legal representation – Adversary proceeding
- Bankruptcy – Costs – Rule 68
- Bankruptcy – Homestead
- Bankruptcy – Counsel fees
- Bankruptcy – ‘Hybrid’ plan
- Bankruptcy – Involuntary petition – Bona fide dispute
- Bankruptcy – Omnibus objection
- Bankruptcy – Mortgage – Trust
- Bankruptcy – Contract – Third-party beneficiaries – Asset purchase agreement
- Bankruptcy – Bad faith – Rental income
- Bankruptcy – Preemption – Massachusetts Predatory Home Loan Practices Act
- Bankruptcy – Student loan obligation – Objection to proof of claim
- Mortgages – Fees – Rescission
- Mortgages – Foreclosure – Estoppel – HAMP
- Bankruptcy – Conversion – Consent
- Bankruptcy – Chapter 13 plan – Vacation home
- Bankruptcy – Discharge – Omissions
- Bankruptcy – Life insurance – Exemption
- Bankruptcy – Counsel – Conflict
- Bankruptcy – Dischargeability – Rent
- Bankruptcy – Attorney – Title insurance
- Bankruptcy – Jury trial
- Bankruptcy – Usury
- Bankruptcy – Residence – Exemption
- Bankruptcy – False oaths
- Bankruptcy – Disgorgement
- Bankruptcy – Severance pay
- Mortgages – Rescission – Notice
- Bankruptcy – Savings account
- Mortgages – Avoidance – Subordination
- Bankruptcy – False oath
- Bankruptcy – Mortgage
- Bankruptcy – Child support obligations – Tax refunds
- Bankruptcy – Settlement – Foreclosure
- Bankruptcy – Credit card – Assignment
- Bankruptcy – Chapter 11 plan – Releases
- Bankruptcy – Annuity – Exemption – ‘Best evidence’ rule
- Mortgages – Assignment
- Bankruptcy – Ineligibility – Dismissal
- Bankruptcy – Nondischargeability – Attorney
- Bankruptcy – Contract – Sister company
- Bankruptcy – Tenancy at will
- Bankruptcy – Misrepresentation – Reliance
- Bankruptcy – Closing of Chapter 11 case – UST fees
- Bankruptcy – Homestead – Abandonment
- Mortgages – Rescission – TILA – MCCCDA
- Bankruptcy – Mortgage – Assignment – Reconsideration
- Mortgages – Foreclosure sale – Assignment
- Bankruptcy – Foreclosure – Relief from stay
- Mortgages – Assignment – Modification
- Bankruptcy – Homestead – Transfer
- Mortgages – Massachusetts Predatory Home Loan Practices Act – TILA preemption
- Bankruptcy – Plan confirmation – Fair market value of home and auto
- Bankruptcy – Chapter 7 fees – 401(k)
- Mortgages – Assignment – Automatic stay
- Bankruptcy – Tax liability
- Bankruptcy – Requests for admissions
- Bankruptcy – Discharge – Revocation
- Bankruptcy – Liquor license – Security interest
- Bankruptcy – Annuity
- Bankruptcy – Condominium – Common areas
- Bankruptcy – Foreclosure – Assignment
- Bankruptcy – Wrongful termination
- Bankruptcy – Standing
- Bankruptcy – Compensation – Accountant
- Bankruptcy – Personal jurisdiction – Service of process
- Bankruptcy – Refinancing – Arbitration – Preemption
- Bankruptcy – Special counsel
- Bankruptcy – Mortgage foreclosure
- Bankruptcy – Bank account
- Mortgages – Rescission – Notice of right to cancel
- Mortgages – Foreclosure – Accord and satisfaction
- Bankruptcy – Mortgage – Rescission – Limitations
- Mortgages – Rescission – MCCCDA
- Bankruptcy – Mortgage – Value
- Bankruptcy – Car loan – Reaffirmation agreement
- Bankruptcy – Nondischargeability action – Substantial justification
- Bankruptcy – Project documents
- Bankruptcy – False pretenses
- Bankruptcy – Chapter 13 plan – Household expenses – Premarital agreement
- Bankruptcy – Turnover
- Bankruptcy – Sale of estate property
- Bankruptcy – Security interest
- Bankruptcy – Chapter 13 – Dismissal
- Bankruptcy – Chapter 7 – Dismissal – Retirement
- Bankruptcy – Reconsideration – Relief from stay – Appeal
- Bankruptcy – Special counsel
- Bankruptcy – Collateral estoppel
- Bankruptcy – Motion to dismiss – Plan
- Bankruptcy – ‘Pot plan’ – Confirmation
Decisions Reviewed on Appeal
- Bankruptcy – False pretenses – Reliance
- Bankruptcy trustee can ‘claw back’ tuition payments
- Bankruptcy – Constructive fraud – Tuition
- Bankruptcy – Termination of automatic stay
- Bankruptcy – Contempt – Post-confirmation conduct
- Bankruptcy – False representation – Transfer of title
- Bankruptcy – Trespass – Restitution
- Bankruptcy – Waiver – Fraud
- Bankruptcy – Loan – Collateral
- Bankruptcy – Collateral estoppel – Willfulness – G.L.c. 93A
- Bankruptcy – Dismissal – Filing deadline
- Bankruptcy – Recordkeeping – Lost income
- Bankruptcy – Income tax – Late returns
- Bankruptcy – Home construction – Reliance
- Wills and trusts – Revocable trust – Mortgage
- Bankruptcy – Moot appeal
- Bankruptcy – Automatic stay – Alimony
- Bankruptcy – Fees – Mootness
- Bankruptcy – Surcharge – Standing
- Bankruptcy – Exemptions – Specific dollar amount
- Bankruptcy – Home renovation – Misrepresentation
