The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

1st Circuit

Jeffrey P. White and Associates, P.C. v. Fessenden

Citation: 
United States Bankruptcy Appellate Panel for the First Circuit, BAP No. EP 15-043, April 14, 2016
Ruling: 
Reversing and remanding, the First Circuit BAP concluded that Harris v. Viegelahn, 135 S.Ct. 1829 (2015), which held that plan payments made by a chapter 13 debtor from his post-petition wages and held by a chapter 13 trustee at the ...
Judge(s): 
Boroff, Godoy, and Finkle
Read on...

Scotiabank de Puerto Rico v. Medina Lorenzo (In re Medina)

Citation: 
Scotiabank v Marcelo Junior Medina Lorenzo 2016 U.S. App. LEXIS 6049(In re Lorenzo, 2016 U.S. App. LEXIS 6049 (1st Cir. Apr. 1, 2016)(In re: Marcelo Junior Medina Lorenzo, 15-09010);(1st. Cir. 2016) April 1, 2015
Ruling: 
Per Curiam: Creditor's failure to attend a confirmation hearing after having objected to the plan will render the objection disallowed for failure to prosecute the same. Debtor's requests for sanctions under Federal Rule of Appellate Procedure 38 is denied, but ...
Judge(s): 
Torruella, Lynch and Thompson
Read on...

Gil-de la Madrid v. Bowles Custom Pools & Spa (In re Gil-de la Madrid)

Citation: 
1st Circuit No. 14-2340
Ruling: 
Bankruptcy court affirmed.
Judge(s): 
Thompson, Hawkins (of the 9th Circuit, author), and Barron.
Read on...

Fustolo v. 50 Thomas Patton Dr., LLC, et al.

Citation: 
No 15340
Ruling: 
The Court ruled that Creditor 50 Thomas Patton Drive ("Patton Drive")'s claim was not contingent as to liability or the subject of a bona fide dispute as to liability or amount and Patton Drive could join an involuntary bankruptcy petition ...
Judge(s): 
Torruela & Kayatta
Read on...

Castellanos Group Law Firm, L.L.C v. Federal Deposit Insurance Corp.

Citation: 
2015-0036 (1st Cir. BAP February 17,2016) (MJS Las Croabas Properties, Inc a/k/a Ocean Club at Seven Seas)BAP NO. 15-036 Bankr. Case No12-05710ESL
Ruling: 
On a decision for publication, the BAP affirmed the imposition of sanctions against the law firm under 28 U.S.C. §1927.
Judge(s): 
Feeney, Deasy, and Cary
Read on...

Puerto Rico Highway and Transportation Authority v. Redondo Construction Corp. (In re Redondo Construction Corp.)

Citation: 
First Circuit No. 15-1397
Ruling: 
Affirmed in part, vacated and remanded in part.
Judge(s): 
Torruella (author), Hawkins (of the 9th Circuit), and Barron.
Read on...

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
Read on...

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
Read on...

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.
Read on...

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.
Read on...
Syndicate content