Posts tagged "Credit"

Eresian v. Merrill Lynch Credit Corporation, et al. (Lawyers Weekly No. 10-145-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   SJC-12006   EVELYN J. ERESIAN   vs.  MERRILL LYNCH CREDIT CORPORATION[1] & others.[2],[3]     September 12, 2016.     Supreme Judicial Court, Superintendence of inferior courts.     In the early 1990s, the petitioner, Evelyn J. Eresian, was the defendant in a summary process action in the Housing Court.  The Appeals Court affirmed a judgment against Eresian in that action in 1993, and this court subsequently denied Eresian’s application for further appellate review.  See Merrill Lynch Equity Mgt., Inc. v. Eresian, 34 Mass. App. Ct. 1125, S.C., 416 Mass. 1104 (1993).  In the years since, Eresian has sought repeatedly, and unsuccessfully, to challenge the foreclosure that led to the summary process action.  This case represents the latest iteration of those efforts.  In 2015, Eresian filed a motion in the Appeals Court seeking to vacate that court’s 1993 decision.  The Appeals Court’s response, as noted on its docket, was that “[t]he case is closed as the rescript has issued to the trial court.  No action will be taken by the court on this or any future filing in this matter.”[4]   Eresian subsequently filed a petition pursuant to G. L. c. 211, § 3, in the county court in which she asked the single justice to require the Appeals Court to review the jurisdictional issue.  A single justice denied the petition, and Eresian timely filed a notice of appeal.  Her appeal was entered in the full court on November 27, 2015.  On January 22, 2016, Eresian asked for and received leave to extend the time for filing her brief to February 29, 2016.  After Eresian failed to file her brief on or before that date, the defendants filed a motion to dismiss the appeal.  Eresian, in turn, filed several documents in response to the motion to dismiss, including an opposition and a supplemental opposition.  She has not yet, however, filed a brief, and we could dismiss her appeal on this basis alone — that she has failed to prosecute the appeal.   She would fare no better even if we were to reach the merits.  This case was not a proper use of G. L. c. 211, § 3.  Eresian has already obtained appellate review of the summary process judgment, and she has not demonstrated that the remedy of ordinary appellate review was inadequate.  There is no reason why she could not have raised her current jurisdictional claim in the Appeals […]

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Posted by Massachusetts Legal Resources - September 12, 2016 at 10:44 pm

Categories: News   Tags: , , , , , , ,

Christakis v. Jeanne D’Arc Credit Union, et al. (Lawyers Weekly No. 10-075-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   SJC-11758   PAGONA CHRISTAKIS  vs.  JEANNE D’ARC CREDIT UNION & others.[1]       Suffolk.     January 6, 2015. – May 6, 2015.   Present:  Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.     Lien.  Bankruptcy, Discharge.  Judgment, Default.  Practice, Civil, Execution, Default.       Civil action commenced in the Land Court Department on October 17, 2013.   The case was heard by Keith C. Long, J., on motions for summary judgment, and a motion for entry of judgment by default was also heard by him.   The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.     David G. Baker for the plaintiff. Sandra M. Boulay for Jeanne D’Arc Credit Union. John Pagliaro & Martin J. Newhouse, for New England Legal Foundation, amicus curiae, submitted a brief.     GANTS, C.J.  The issue on appeal is whether judicial liens on real property remain valid after the owner of the property receives a discharge under Chapter 7 of the Bankruptcy Code.  We conclude that the judicial liens survive the discharge where, as here, the Bankruptcy Court judge did not avoid them.[2] Background.  The plaintiff, Pagona Christakis, filed a complaint in the Land Court to remove judicial liens that had attached to real property she owned in Billerica after three creditors obtained final judgments against her.  Only one creditor defendant, Jeanne D’Arc Credit Union (credit union), filed an answer.  The other two creditor defendants, Harvest Credit Management VII, LLC (Harvest), and Citibank (South Dakota), N.A. (Citibank), failed to respond.  The plaintiff moved for entry of judgment by default against Harvest and Citibank and for summary judgment against the credit union; the latter cross-moved for summary judgment.  In denying the plaintiff’s motions and allowing the credit union’s motion, the judge concluded that “[t]he defendants’ liens remain, subject to potential review by the [B]ankruptcy [C]ourt to determine if they impair exempt property.”  The judge then entered judgment in favor of all the defendants, including the defaulting defendants.  The plaintiff appealed, and we transferred the case to this court on our own motion. We summarize the relevant facts in the summary judgment record, viewed in the light most favorable to the plaintiff.  The defendants are creditors of the plaintiff, apparently for unpaid credit card bills.[3]  Each defendant sued the plaintiff to collect the unpaid debt and obtained […]

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Posted by Massachusetts Legal Resources - May 6, 2015 at 5:23 pm

Categories: News   Tags: , , , , , , ,

How Do You Use Credit: For Richer or For Poorer?

Learn how to reap the benefits associated with certain credit cards and increase your gains. South End Patch News

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Posted by Massachusetts Legal Resources - August 28, 2013 at 8:32 pm

Categories: Arrests   Tags: , ,