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1st Circuit

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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Mercado v, Combined Investments, LLC

Citation: 
BAP No. MB 14-030
Ruling: 
AFFIRMED. The Debtor did not provide evidence demonstrating her ability to reorganize within a reasonable time and failed to satisfy her burden under § 362(d)(2)(B). A debtor’s burden under this prong of § 362(d)(2)(B) cannot be fulfilled by ...
Judge(s): 
Deasy, Kornreich and Finkle
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Lydon v. T&N Limited

Citation: 
United States Court of Appeals for the First Circuit, No. 14-1281, February 11, 2015
Ruling: 
Affirming the ruling of the district court, the First Circuit determined that the plain language of a confirmed chapter 11 Plan, which created a litigation trust to which individual asbestos claims were assigned, compelled the conclusion that all such claims ...
Judge(s): 
Lynch, Stahl and Kayatta
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Ludvigsen v. Osborne

Citation: 
Ludvigsen v. Osborne, BAP No. MB 14-039 (B.A.P. 1st Cir. Jan. 16, 2015)
Ruling: 
The Bankruptcy Appellate Panel REVERSED and REMANDED the matter to the bankruptcy court as the bankruptcy court abused its discretion in declining to reopen the chapter 7 case when it declined to consider the merits of any lien avoidance motion ...
Judge(s): 
Deasy, Kornreich, and Finkle
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Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.)

Citation: 
Fincke v. Access Cardiosystems, Inc. (In re Access Cardiosystems, Inc.) No 14-1276
Ruling: 
The Court affirmed that bankruptcy court's finding that defendant Randall Fincke ("Fincke") had solicited investments in Access Cardiosystems, Inc.'s ("Debtor") by means of a material misstatement, a violation of Mass. Gen. Laws ch. 110A, § 410(a)(2) (Massachusetts' Blue Sky Law). ...
Judge(s): 
Lynch, Howard & Barron
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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).
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