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1st Circuit

Ross v. Garcia (In re Garcia)

Citation: 
Ross v. Garcia (In re Garcia), 2015 WL 3889388, --- B.R. ---- (1st Cir. B.A.P. Jun. 24, 2015)
Ruling: 
Regarding the order denying motion for reconsideration, the BAP found the creditor-appellant "failed to show exceptional circumstances justifying Rule 60(b)(6) relief" and further found no error in the Bankruptcy Court declining to conduct an evidentiary hearing on the motion for ...
Judge(s): 
Deasy, Finkle, Cary
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U.S.A. v. Alfredo Pacheco-Martinez

Citation: 
USCA (1st Cir.) No. 13-2154
Ruling: 
Affirmed. Defendant Alfredo Pacheco- Martinez was convicted of various offenses arising from his multi-year effort to swindle scores of unsuspecting victims out of over a million dollars and to manipulate the U.S. Bankruptcy Code in order to shield his ...
Judge(s): 
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Aida M. Delgado-Colón, U.S. District Judge Before
Howard, Chief Judge,
Selya and Lynch, Circuit Judges
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Charbono v. Sumski (In re Charbono)

Citation: 
14-2151
Ruling: 
District court's order affirmed. The modest sanction that was imposed was well within the bankruptcy court's inherent powers and did not amount to a criminal sanction.
Judge(s): 
Howard, Selya (author) and Kayatta
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In re Schold

Citation: 
1st Cir. BAP 14-074 (Unpublished)
Ruling: 
Bankruptcy court order significantly reducing debtor's attorney's fees vacated and remanded for further proceedings.
Judge(s): 
Finkle (author), Deasey & Cary
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Efron v. Candelario (In re Efron)

Citation: 
BAP Nos. PR 14-027, PR 14-35
Ruling: 
The Bankruptcy Appellate Panel ("BAP") upheld the Bankruptcy Court's dismissal of David Efron's (the "Debtor") bankruptcy case. The BAP determined that the Bankruptcy Court had not abused its discretion in dismissing the Debtor's case pursuant to 11 U.S.C. 305 and ...
Judge(s): 
Hillman, Boroff and Finkle
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Riemer & Braunstein LLP v. Mark G. DeGiacomo (In re A&E 128 North Corporation)

Citation: 
Riemer & Braunstein LLP v. DeGiacomo (In re A&E 128 North Corp.), ---F.3d --- (1st Cir. BAP Apr. 2, 2015)
Ruling: 
Affirming Bankruptcy Court’s determination that a new trustee was not elected pursuant to 11 U.S.C. § 702(b) as the secured creditor was disqualified from voting for the permanent Chapter 7 trustee because it had a materially adverse interest and the ...
Judge(s): 
Kornreich, Tester, Cary
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Pawtucket Credit Union v. Boyajian

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, Nos. RI 14-049, 14-051, March 31, 2015
Ruling: 
Reversing and remanding, the First Circuit BAP concluded that the binding effect of a confirmed chapter 13 plan prevails over a claim that is disallowed under the claims allowance process set forth in the Bankruptcy Code and Rules. Plan confirmation ...
Judge(s): 
Kornreich, Tester, and Cary
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Cruickshank v. Cook (In re The Environmental Careers Org., Inc.)

Citation: 
Cruickshank v. Cook (In re: the Environmental Careers Org. Inc.), No. 14-1697 (1st Cir. March 13, 2015)
Ruling: 
The First Circuit Court of Appeals AFFIRMED the judgment of the district court below finding that the district court did not err in granting Cook's motion for judgment as a matter of law.
Judge(s): 
Lynch, Souter, Stahl
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Harrington v. Simmons

Citation: 
Harrington v. Simmons, BAP No. MW 14-048
Ruling: 
Bankruptcy court's order denying a chapter 7 discharge affirmed.
Judge(s): 
Deasy, Kornreich (author) and Finkle.
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Fahey v. Massachusetts Department of Revenue (In re Fahey) and other consolidated cases

Citation: 
Fahey v. MA Dept of Revenue (In re Fahey), --- F.3d --- (1st Cir. Feb. 18, 2015)
Ruling: 
Unpaid taxes due on Massachusetts state income tax return filed after the statutory filing date cannot be discharged in bankruptcy under 11 U.S.C. 523(a). While section 523(a) a tax is not dischargeable if the debtor filed a "return," here the ...
Judge(s): 
Torruella, Thompson, and Kayatta
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