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1st Circuit

O’Rorke v. Porcaro (In re Porcaro)

Citation: 
O’Rorke v. Porcaro (In re Porcaro), BAP No. MW15-026, --- B.R. --- (1st Cir. BAP Feb. 3, 2016)
Ruling: 
The BAP affirmed the Bankruptcy Court’s orders granting summary judgment on the judgment creditors’ 11 U.S.C. § 523(a)(6) nondischargeability claim and denying the debtor’s motion for summary judgment. Prior to the bankruptcy, the judgment creditors obtained a state court judgment ...
Judge(s): 
Deasy, Harwood, Cary
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Harrington v. Simmons (In re Simmons)

Citation: 
No. 15-9005
Ruling: 
The Appellate Court upheld the Bankruptcy Court's decision denying the Debtor his discharge on the grounds that the Debtor had not adequately explained the loss of assets before bankruptcy and had not adequately preserved financial records. In determining that ...
Judge(s): 
Lynch, Souter and Selya
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Nealon v. Matthews

Citation: 
Christian Nealon v. Theresa Mathews (In re Christian Nealon) BAP NO. MW 15-035, --BR—(1st. Cir. BAP. January 20, 2016)
Ruling: 
On a decision not for publication the BAP reversed the Bankruptcy Court’s order sustaining the objection to the homestead exemption since the Bankruptcy Court’s focus should have been on the family’s actual use of the property at the time of ...
Judge(s): 
Deasy, Harwood, and Cary.
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Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC

Citation: 
Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC - BAP No. PR 15-022
Ruling: 
Grant of summary judgment to defendant reversed, vacated to the extent that cross-motion for summary judgment was denied and amended cross-motion stricken, and matter remanded for further proceedings in accordance with the opinion.
Judge(s): 
Feeney (author), Deasey and Cary.
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Wiscovitch-Rentas v. Sur CSM Plaza, Inc. (In re PMC Marketing Corp.)

Citation: 
Wiscovitch-Rentas v. Sur CSM Plaza, Inc., (In re PMC Marketing Corp.), BAP No. PR15-023, --- B.R. --- (1st Cir. BAP Jan. 19, 2016)
Ruling: 
In a decision not for publication, the BAP reversed the Bankruptcy Court’s order granting summary judgment to the defendant on the Trustee’s single claim under 11 U.S.C. § 547 seeking to recover a preferential transfer. The BAP further concluded that ...
Judge(s): 
Feeney, Deasy, Cary
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Wiscovitch-Rentas v. Santa Rosa Mall, LLC (In re PMC Mktg. Corp.)

Citation: 
Wiscovitch-Rentas v. Santa Rosa Mall, LLC (In re PMC Mktg. Corp.), BAP No. PR 15-024, slip op. (B.A.P. 1st Cir. Jan. 19, 2016).
Ruling: 
In a decision not for publication, the BAP reversed the bankruptcy court's order granting Defendant Santa Rosa Mall, LLC's motion for summary judgment on the Trustee's preference claim based upon an ordinary course of business defense and remanded the matter ...
Judge(s): 
Feeney, Deasy, Cary
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Rafael Velez Fonseca v. Government Employees Association (AEELA)

Citation: 
Rafael Velez Fonseca v. Government Employees Association (AEELA), No. 15-033 (1st Cir. B.A.P. Dec. 25, 2015)
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit AFFIRMS the opinion and order of the bankruptcy court below finding that the bankruptcy court did not err in concluding that (1) AEELA had a valid statutory lien in the debtor's prepetition ...
Judge(s): 
Feeney, Deasy and Cary.
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Fonseca v. Government Employees Association

Citation: 
1st Cir. BAP No. PR-15-033
Ruling: 
Bankruptcy court's grant of summary judgment to the creditor affirmed.
Judge(s): 
Deasey (author), Feeney and Carey.
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Ortega v. LSREF2 Island Holdings, LTD.

Citation: 
BAP NO. PR 14-067 (1st Cir. B.A.P. December 4, 2015)
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit affirmed the Bankruptcy Court's finding that it did not have jurisdiction over real property and that the automatic stay did not protect the real property when the real property was not owned ...
Judge(s): 
Feeney, Deasy, Cary
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Best, Jr. v. Nationstar Mortgage LLC

Citation: 
John F. Best, Jr. v. Nationstar Mortgage LLC, BAP NO. NH 15-019 (October 30, 2015)
Ruling: 
The bankruptcy court did not err in granting Nationstar’s motion for judgment on the pleadings. The pleadings failed to set forth facts sufficient to establish a plausible claim that Nationstar violated the § 542(a)(2) discharge injunction. And, even if any ...
Judge(s): 
Tester, Bailey, and Finkle (Per Curiam)
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