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1st Circuit

Andover Covered Bridge, LLC v. Harrington

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, No. EP 16-005, July 31, 2016
Ruling: 
Affirming the dismissal of a Chapter 11 proceeding, the First Circuit BAP examined the serial components of a motion to dismiss or convert under sec. 1112 of the Code. First, a court must examine if "cause" exists. Here cause existed ...
Judge(s): 
Feeney, Godoy, and Harwood
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United Surety & Indemnity Co. v. Lopez-Munoz

Citation: 
United Surety & Indemnity Co. v. Pedro Lopez-Munoz (In Re Pedro Lopez-Munoz), 1st Cir. BAP No. PR16-011, Bankr. Case No. 13-08171-EAG (July 28, 2016)
Ruling: 
Despite the debtor's initial failure to disclose certain prepetition transfers and schedule certain assets, the court denied a creditor's motion to appoint a chapter 11 trustee when the debtor explained, and corrected his failures in a manner sufficient to satisfy ...
Judge(s): 
Judges Francis Bailey, Diane Finkle and Michael Fagone
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United Surety & Indemnity Co. v. Puerto Rico Electric Power Authority

Citation: 
____B.R. ____ (B.A.P. 1st Cir. 2016).BAP NOS. PR 15-046
Ruling: 
The Bankruptcy Appellate Panel affirms the judgment on voluntary dismissal of Debtor's adversary case against PREPA and declines to consider USIC's appeals from the interlocutory orders.
Judge(s): 
Bailey, Finkle and Fagone
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Andover Covered Bridge, LLC v. Harrington

Citation: 
Bankruptcy Case No. 15-20489-PGC, BAP No. EP 16-005
Ruling: 
AFFIRMED.
Judge(s): 
Feeney, Godoy and Harwood
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Harris v. Scarcelli (In re Oak Knoll Associates, L.P.)

Citation: 
Harris v. Scarcelli et al. Case No. 15-2189, United States Court of Appeals for the First Circuit (August 19, 2016)
Ruling: 
The First Circuit affirmed summary judgment ruling of lower courts against a real estate broker who failed to demonstrate that he was entitled by contract or in equity under the Bankruptcy Code to a broker's commission in connection with a ...
Judge(s): 
Jeffery R. Howard, Chief Judge
Juan R. Torruellla, Circuit Judge
David J. Barron, Circuit Judge
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Privitera v. Curran

Citation: 
BAP No. MW 15-051
Ruling: 
Order dismissing dischargeability adversary proceeding affirmed.
Judge(s): 
Lamoutte, Deasey (author) and Cary
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United Surety & Indemnity Co. v. Puerto Rico Electric Power Authority

Citation: 
BAP NOS. PR 15-046, PR 15-048, Bankruptcy Case No. 08-07752-BKT, Adversary Proceeding No. 09-00258-BKT
Ruling: 
We AFFIRM the Judgment of Dismissal and decline to consider USIC’s appeals from the Interlocutory Orders. We lack jurisdiction to hear PREPA’s cross-appeal and so that crossappeal is DISMISSED.
Judge(s): 
Before Bankruptcy Judges Bailey, Finkle and Fagone
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United Surety & Indemnity Co. v. Lopez-Munoz

Citation: 
United Surety & Indemnity Co. v. Lopez-Munoz, ___ B.R. ___ (B.A.P. 1st Cir. 2016)
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit affirms the bankruptcy court's determination to deny the request for appointment of a chapter 11 trustee.
Judge(s): 
Bailey, Finkle and Fagone
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Andover Covered Bridge, LLC v. Harrington

Citation: 
BAP No. 16-005
Ruling: 
The BAP affirmed the Bankruptcy Court's dismissal of the Andover Covered Bridge, LLC's (the "Debtor") case. The BAP determined that the Bankruptcy Court had not committed clear error in determining that the Debtor's failure to timely file monthly operating ...
Judge(s): 
Feeney, Godoy, and Harwood
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Baker v. Harrington (In re Hoover)

Citation: 
No. 15-2384 (1st Cir.)
Ruling: 
The court affirmed the bankruptcy court's sanction against the Debtor's attorney for twice describing applicable law in a misleading way. The appeals court found that the Bankruptcy Court had not abused its discretion in awarding the sanction given that ...
Judge(s): 
Lynch, Kayatta, and Barron
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