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1st Circuit

Witkowski v. Boyakian

Citation: 
United States Bankruptcy Panel for the First Circuit, BAP No. RI 14-040 (Nov. 13, 2014)
Ruling: 
The Court determined that a bankruptcy judge did not abuse her discretion in dismissing a chapter 13 case pursuant to Code sec. 1307. More specifically, the Court ruled that (i) a debtor's failure to make payments to the chapter ...
Judge(s): 
Tester, Godoy and Harwood
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Desmond v. Green

Citation: 
Desmond v. Green, (In re Harborhouse of Gloucester, LLC) BAP No. MB 14-013, MB 14-014
Ruling: 
The BAP upheld the bankruptcy court ruling that because a note secured by a mortgage had been lost, Green, the purported holder of the lost note and mortgage (through transfer) had no right to enforce the note or foreclose. The ...
Judge(s): 
Lamoutte, Deasy and Kornreich
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Biltcliffe v. Citimortgage, Inc.

Citation: 
First Circuit Case No. 14-1043
Ruling: 
District court's decision denying reconsideration of summary judgment in favor of Citimortgage affirmed.
Judge(s): 
Howard, Selya and Stahl (author).
Read on...

Perez v. Hospital Damas, Inc.

Citation: 
No. 13-1810
Ruling: 
This appeal asks us to reverse a denial of a motion to amend a complaint in a medical malpractice case. We cannot do so, however, because the District Court acted within its discretion when it decided the plaintiffs had waited ...
Judge(s): 
Howard, Lipez and Barron
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Moushigian v. Marderosian

Citation: 
Moushigian v. Marderosian, No. 13-2295 (1st Cir)
Ruling: 
The First Circuit affirmed the bankruptcy court's determination that the Marderosians' discharge barred Moushigian from further prosecution of his state court action. The First Circuit determined that the Bankruptcy Court's interpretation of the Bankruptcy Court's own order was not ...
Judge(s): 
Howard, Kayatta, McCafferty (sitting by designation).
Read on...

Rodriguez v. Banco Popular De Puerto Rico

Citation: 
Rodriguez v. Banco Popular de Puerto Rico (In re Rodriguez), BAP No. PR 14-003, --- B.R. ----, 2014 WL 4244284 (1st Cir. BAP Aug. 26, 2014)
Ruling: 
The 1st Cir. BAP DISMISSED as untimely the appeal as to the first two orders appealed from and AFFIRMED as to the third due to the Debtors failure to demonstrate that the Bankruptcy Court for the District of Puerto Rico ...
Judge(s): 
Hillman, Hoffman, Finkle
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Pinpoint IT Services, LLC v. Rivera (In re Atlas IT Export Corp.)

Citation: 
Court of Appeals No. 13-9003
Ruling: 
Dismissed for lack of jurisdiction, one judge dissenting.
Judge(s): 
Thompson (author) and Lipez, majority; Kayatta dissenting
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Coop v. Cajigas

Citation: 
Coop v. Cajigas, BAP No. PR 13-040 (B.A.P. 1st Cir. July 30, 2014)
Ruling: 
The Bankruptcy Appellate Panel (the "BAP") VACATED the order of the Bankruptcy Court for the District of Puerto Rico (the "Bankruptcy Court") and REMANDED to the Bankruptcy Court. As section 523(a)(2)(A) excepts from its scope statements relating to the ...
Judge(s): 
Hillman, Hoffman, and Finkle
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EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc.

Citation: 
EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc., BAP No. PR 13-055 (1st Cir. B.A.P. July 31, 2014
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit (the “B.A.P.”) reversed the Bankruptcy Court’s dismissal of the Chapter 11 case of debtor, EPR Marine Welding Construction Services, Inc. (“EPR”) and remanded the matter back to the Bankruptcy Court. The Bankruptcy ...
Judge(s): 
Hillman, Hoffman, Finkle
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deBenedicts v. Brady-Zell (In re Brady-Zell)

Citation: 
deBenedicts v. Brady-Zell (In re Brady-Zell), No. 13-9014 (1st Cir)
Ruling: 
The Court upheld the Bankruptcy court's determination that Ms. deBenedicts's claim was dischargeable. The appeals court refused to disturb the bankruptcy court's determination that Ms. deBenedicts had not shown by a preponderance of the evidence that the Debtor knowingly ...
Judge(s): 
Selya, Howard and Thompson. Opinion by Selya
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