1st Circuit

Soto v. Doral Bank (In re Soto)

Citation: 
BAP NO. PR 12-075
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit ("B.A.P.") affirmed the Bankruptcy Court of Puerto Rico's decision to dismiss the debtors' Chapter 13 petition because the debtors did not comply with 521(a) of the code. 521(a) requires debtors to submit ...
Judge(s): 
Haines, Feeney, Hoffman
Read on...

Pinpoint IT Services, LLC v. Atlas IT Export, LLC (In re Atlas IT Export, LLC)

Citation: 
1st Cir. BAP No. PR 12-073
Ruling: 
The appeal was dismissed for lack of standing on the part of the appellant since it could not demonstrate that it was in any way "aggrieved" by the bankruptcy court's grant of relief from the automatic stay
Judge(s): 
Haines (author), Feeney and Hoffman.
Read on...

In re Zuckerman

Citation: 
In re Zuckerman, BAP No. MS 12-085 (1st Cir. BAP, April 24, 2013) (Not for Publication)
Ruling: 
AFFIRMATION by the First Circuit BAP of the bankruptcy court’s dismissal of the Debtor’s Chapter 13 case under 105(a) for failure to comply with bankruptcy court orders requiring filing of certain documents.
Judge(s): 
Deasy, Kornreich, and Godoy, Bankruptcy Appellate Panel Judges
Read on...

The Municipality of Carolina v. Gonzalez (In re Gonzalez)

Citation: 
Bankruptcy Appellate Panel for the First Circuit, No. 10-10029-BKT (April 12, 2013)A
Ruling: 
Concluding that no legally cognizable grounds for reconsideration were established, the Court affirmed the bankruptcy court's denial of a Rule 60(b) motion, seeking to recognize a late-filed claim. The Court held that under Code sec. 502(b)(9) a claim must ...
Judge(s): 
Haines, Feeney and Hoffman
Read on...

Carrion v. Rivera (In re Rivera)

Citation: 
2013 WL 1406209
Ruling: 
The BAP affirmed the bankruptcy court's decision to confirm the debtor's chapter 13 plan.
Judge(s): 
Haines, Feeney (author) and Hoffman.
Read on...

Arroyo v. Scotiabank de Puerto Rico (In re Arroyo)

Citation: 
BAP No. PR 12-045
Ruling: 
Chapter 7 debtor lacked standing to appeal because he could not demonstrate that either (1) a reasonable possibility existed that a surplus would exist if the order on appeal was denied or (2) the appealed order adversely affected his discharge.
Judge(s): 
Haines, Feeney and Hoffman
Read on...

Hann v. Educational Credit Management Corp. (In re Hann)

Citation: 
United States Court of Appeals for the First Circuit, No. 12-9006, March 29, 2013
Ruling: 
Addressing the pitfalls of an unusually phrased order, the Court affirmed lower court rulings and concluded that when an order imprecisely "allows" a claim at zero (rather than disallowing the claim based on the absence of debt) after a full ...
Judge(s): 
Torruella, Stahl and Thompson
Read on...

Robin Singh Educational Services, Inc. v. McCarthy (In re McCarthy)

Citation: 
Robin Singh Educational Services, Inc. v. McCarthy (In re McCarthy), BAP Case No, MB 12-059 (B.A.P. 1st Cir. Mar. 22, 2013)
Ruling: 
Affirming the Bankruptcy court’s denial of discharge pursuant to Section 727(a)(4), agreeing with the bankruptcy court that the debtor’s failure to schedule all of his assets was an intentionally fraudulent act and not the result of the debtor’s self-proclaimed attention ...
Judge(s): 
Haines, Tester and Godoy
Read on...

Gordon v. Pappalardo (In re Gordon)

Citation: 
Gordon v. Pappalardo (In re Gordon), BAP No. 12-060 (BAP 1st Cir. March 13, 2013) (for publication
Ruling: 
In this appeal by a debtor in her chapter 13 case, the Bankruptcy Appellate Panel for the First Circuit (the "BAP") affirmed, after de novo review, the bankruptcy court’s order sustaining the chapter 13 trustee’s objection to the debtor's claimed ...
Judge(s): 
Haines, Tester, and Godoy,
United States Bankruptcy Appellate Panel Judges
Read on...

Rivera v. ASUME (In re Rivera)

Citation: 
Rivera v. ASUME (In re Rivera), No. 12-00341-ESL (B.A.P. 1st Cir. Feb. 19, 2013).
Ruling: 
The B.A.P. AFFIRMED the denial of the U.S. Bankruptcy Court for the District of Puerto Rico (the "Bankruptcy Court") for relief from the order dismissing the debtor's chapter 13 case and prohibiting him from filing another case for 18 months.
Judge(s): 
Hillman, Boroff, and Kornreich
Read on...
Syndicate content